Compensation mid-Term?

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    Compensation mid-Term?

    I carried out my 6-monthly inspection and discovered that the Tenants had dumped my sofa, armchair and curtains in the shed as they have their own. The shed is not watertight and it is bound to get damp. I am not sure I want to just sit back and rely on the deposit as I may need that for a couple of other issues (a ceiling or two might need replastering upstairs - there is cracking and it looks like a small hole fell through, which the Tenants replastered but made a shoddy job of it). Apparently there was a leak in
    the roof months ago, which they did not tell me about!

    Do you think I should ask them to transfer me the funds for the sofa, armchair and curtains? In fact, I could even ask them for the funds for replastering, although I am less comfortable about that if the roof did in fact have a leak (no way of me knowing whether they are telling the truth). On the one hand, I don't want to lose tenants who pay the rent on time each month, but on the other, I don't want to lose out.

    Any advice would be much appreciated!

    #2
    You should write and list all the defects or breaches of tenancy that you have found and tell T that you expect them to be rectified. If the premises deteriorate as a result you will expect them to pay for it.

    It looks unlikely your tenants' deposit will cover this so best to get them out asap. You could serve a S.8 Grounds 12, 13 & 15 Notice which might make them sit up and take note or you could go the whole hog and take them to court for repossession. The grounds are discretionary so it's up to the judge and your evidence will need to be very good, such as photos etc. which might be difficult.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      It's not usual to ask for money for damaged items mid-tenancy, mainly because the principal is that they need to return the property to you in the same condition as when they received it, less fair wear and tear. Consider this:

      How many more years could your sofa etc be reasonably considered to last, in normal use? Say, for the sake of argument, 10 years? Now, if your tenants were to stay for 10 years and move out, then at that point the sofa etc would be considered worn out, valueless, and the tenants wouldn't need to pay you anything at all for the damaged stuff. If they left after 5 years, they'd owe you for 5 years' lost life of the goods - etc etc.

      So it wouldn't be reasonable to impose a charge at this point.

      Not sure why you think the tenants need to pay for repairing a hole in the ceiling, by the way. Did they repair the leak?

      In terms of the sofa etc, I'd be inclined to write them a letter reminding then that they are responsible for the condition of the goods, as defined on the inventory which I hope you carried out at move-in, that the items are being irreversibly damaged by being stored inappropriately, and that they will be liable for the damage thus caused.

      Comment


        #4
        I would write to the T and advise them that the shed is not an acceptable storage place for the items, and that if they do not return the items indoors or place them in suitable storage, they will be liable for damage at the end of the tenancy. Also remind them of their obligation to report any disrepair immediately, and their potential liability if they fail to do so. Keep copy letter and proof of posting.

        You also need to get the roof leak checked out. T is liable for any damage caused due to failing to inform you of the leak, nevertheless, you have a statutory obligation to repair a leaking roof and it's in your interests to ensure the property is reliably watertight.

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