Property damaged by T's daughter; can L claim all rent?

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  • Property damaged by T's daughter; can L claim all rent?

    I am hoping someone can give me some help on this.

    We had a gentleman rent a property in December with his daughter living there during the week and he said he would be there weekends and his daughter at College here. Unfortunately 2 weeks ago it all went wrong and the daughter had a party that went very wrong and the property has been damaged by her and is filthy and has the walls written on etc. The police were called twice by the neighbours in the early hours for problems and one was arrested and another one taken to the hospital. The owner has now said they want them to leave. The father has agreed to leave the property and find his daughter something else, however, the landlord has now taken advice from someone who has told them they can claim damages (which the tenant has agreed) but also wants the full remaining 4 months rent to be paid as well as they feel they are entitled to this. I have never been in this situation and do not know what the legal situation is so if someone does know I would be grateful for any information. Thank you.

  • #2
    You want to serve a section 8 notice on the tenants bringing the agreement to an end grounds 13,14 & 15... then obviously just the standard route of claiming for actual damages incurred... I think!
    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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    • #3
      When you say 'we had a gentleman', and refer to 'the landlord' - what are you in relation to this? The agent?

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      • #4
        Tenant is happy to leave its just landlord wants to know how much he can claim on rent I would think it would be the damages to the property and maybe the set up fees we charge to find a new tenant and perhaps for the time the property is unlet - I find it difficult as they are happy to leave with no problems and I know if they gave us notice before the 6 months that is how we would deal with it but we have asked them to leave but do not need to go to court. Help.

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        • #5
          Originally posted by Tiggy View Post
          Tenant is happy to leave its just landlord wants to know how much he can claim on rent I would think it would be the damages to the property and maybe the set up fees we charge to find a new tenant and perhaps for the time the property is unlet - I find it difficult as they are happy to leave with no problems and I know if they gave us notice before the 6 months that is how we would deal with it but we have asked them to leave but do not need to go to court. Help.
          The problem is that the landlord wants them gone, and therefore it is his choice. I'd of thought it would be the damages to the property thats it.
          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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          • #6
            Thanks that would be my view as well - think Landlord being a bit greedy unfortunately esp as the tenant has paid rent no probs its just the daughter that is the problem as she is dirty and has noisy parties.

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            • #7
              Originally posted by Tiggy View Post
              Thanks that would be my view as well - think Landlord being a bit greedy unfortunately esp as the tenant has paid rent no probs its just the daughter that is the problem as she is dirty and has noisy parties.
              But are you:
              a. T; or
              b. L's agent?
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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              • #8
                Originally posted by Tiggy View Post
                Tenant is happy to leave its just landlord wants to know how much he can claim on rent I would think it would be the damages to the property and maybe the set up fees we charge to find a new tenant and perhaps for the time the property is unlet - I find it difficult as they are happy to leave with no problems and I know if they gave us notice before the 6 months that is how we would deal with it but we have asked them to leave but do not need to go to court. Help.
                I think Tiggy is Agent.

                Can't blame Landlord for being annoyed, but Landlord should be entitled to cost of restoring property to original condition, plus any fees required in obtaining a new tenant, plus the rent lost up to the time new tenant moves in - not any more than that (i.e., recover his losses/costs)
                Mrs Jones
                I am not an expert - my posts are my opinion and should not be taken as fact!!

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                • #9
                  Clearly the landlord had a right to be p*ssed off, and the tenant should control his/her guests/family. Would they allow that in their own home?

                  They are liable for damages yes. As for fees for finding a new tenant, i would not think this would stand as the landlord is evicting the tenant. If they agree then fine.

                  If you are an agent, i would have thought that as you act on behalf of the landlord, that you would not refer to your client as 'greedy'. I would be pressing the tenant to agree to pay fees as the right thing to do considering the havoc he had caused.

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                  • #10
                    I assume this is an AST - if so when does or did the fixed term expire? IF it is still within the fixed term then the LL may be entitled to the rent. (T would be entitled to stay tho)

                    is the father the T on the agreement or both or just the daughter?
                    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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                    • #11
                      Yes I am the Agent. Yes Father and Daughter is both on the agreement. The Father is being very helpful but the Landlord will not allow the Daughter to stay in the property. Our problem is that Landlord is still wanting the Tenants to leave and the rent to be paid for full 6 month period or until we get another tenant and as they are asking for more rent than in our opinion is too much for the property it may take some time to get a new Tenant. Thanks for your help. Vanessa

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