Damage left by Tenant What Can I do Now?

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    Damage left by Tenant What Can I do Now?

    Dear All,

    I wonder if you can help or point me to the right direction. My previous tenant broke the sink in the bathroom and the tradesmen that he arranged to fix it didn't do the job properly and there was a water leak from my flat to the flat next door and the shop below. I tried to claim it of his deposit but the TDS adjudicated that the repairs to the other properties would not come out of the deposit simply because the AST did not state that he would have to, the tenant would only be liable for the damage that was caused in the let property!

    Can anybody advise as to what I can do next if its worth going legal or not??

    Many thanks!

    #2
    Claim it from the tradesman that did not fix it properly. Have you reported it to your insurance company?
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Have you accepted TDS's decision? If you have not you can still take the tenant to court. If you have you might face issues of standing if you try and take the tradesman to court - as the owner of the reversion at the time he did the repairs I don't know if he owed you a duty of care as well as the tenant. Obviously you don't have a contract with him so suing might be tricky. Others will hopefully be able to confirm or deny the duty of care point though.
      Disclaimer:

      The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

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        #4
        Do you know that it definitely was a tradesman, and not the tenant himself who fixed it?
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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          #5
          Did you give permission for the tenant to use the contractor, or did the T do it without asking? Have you or the people whose property was damaged tried to claim on insurance?

          The TDS decisions relates only to the deposit and things which may be deducted from the deposit, not to the T's essential liability, so it doesn't mean T can't be liable.

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