Furniture Damaged by tenant

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    Furniture Damaged by tenant

    I had this tenant who, ruined my property i.e not cleaning, nailing walls, dirty carpets, damaging furniture etc

    I disputed handing over the deposit( DPS), and later they tried a bit to clean up, but they have torn my leather dinning chairs. I told them they need to replace or pay up the damage but they didn't agree. These are good chairs and I can see that there was paint on it. Meaning they used them to paint the walls.
    They claim its ware and tare and showed me a document from a dodgy furniture place saying that it was ware and tare, Which I didn't believe as these are new, and its from a reputed furniture seller.

    I disputed the deposit with DPS and resonantly I received a threatening letter saying that he is going to courts and he needs me to release the full amount.

    After this guy left, I couldn't rent it and had to reduce the rent to rent it out.

    Its a loss for me and I would appreciate if any one has any advice for me,

    #2
    I work on the assumption that anything put in a rental is consigned to the skip! If it stopped at that it would be Ok, problem is you can be called on to replace it!

    On a more practical note, if you have evidence in the form of a full check in and checkout inventory with photos then you could try the Arbitration Service where you protected the deposit. If your going to court anyway you could counter claim and sue for lost rent as it had to be reduced as a result of the tenants actions, obviously you may not win but if they bring the case against you why not?

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      #3
      Do you have a detailed inventory showing the condition of the disputed items before the tenant moved in? Is it signed by the tenant?
      How old were the chairs when they moved in
      How long was the tenancy for?

      FWIW, taking the matter to court is a tenants legal right, but if you can answer the above we can give you some ideas of the best way forward.

      Comment


        #4
        I have an inventory, chairs were perfect condition then. It is signed by the tenant. In fact, he made some notes on some other item (a scrape), didnt mention anything about the chairs as they were in perfect condition. I have the receipt for these too. It was about 2 years old. The tenancy was just one year ( soo glad). It was a 4 chairs and a dinning table matching. Very very good quality. I bought this at a sale from a Harveys. He tried to get me some Ikea chairs which I rejected as it was so cheap looking. Do you think I have enough proof to defend his claim?

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          #5
          It is important for a landlord to do a comprehensive property inventory BEFORE he hands the property to a tenant for leasing. A good property inventory will be detailed and will have information that the landlord considers important. This will include the property condition such as the walls, ceilings, floors, doors, electrics etc.. It will also record furniture condition and other contents.

          The property inventory will have to be comprehensive and detailed because there is no way of knowing what a tenant might do to the property - it is good to cover all bases and therefore you should do a detailed inventory. Taking numerous photos within a property inventory will be a great help as the document will be recorded in both words and photos which enables referring to the document easier at the end of the tenancy.

          The property inventory is signed by the tenant and the landlord at the BEGINNING of the tenancy and states that the property will have to be returned to the landlord in a similar condition but with regard to fair wear and tear at the tenancy end. If anything is damaged at the end of the tenancy then a landlord can use the signed inventory as evidence that the damaged item or items were originally provided to the tenant in good condition. This inventory can be used in Court (if it goes that far) as evidence.

          There are lots of companies that provide an inventory service and most of the good ones provide detailed inventory documents complete with numerous photos. Landlords do not have to do inventories themselves but can be delegated to specialist inventory companies for a small fee. There is more information about property inventories on http://propertyinventorynow.co.uk

          Comment


            #6
            Further to scoutminnie's post, which may be advertising, LLs may find an independent inventory clerk via the professional body, the Association of Independent Inventory Clerks - http://www.theaiic.co.uk/

            The company linked to by scoutminnie does not appear to be a member.

            As it says on the AIIC website:

            Don't be fooled by businesses claiming to provide inventory services where they may have little or no experience in the field. The growing popularity of the lettings industry has seen an increase in these types of companies. You can be assured that by using an AIIC member independent inventory clerk:

            • They will have agreed to conduct their business in a professional manner in accordance with the Guidelines to Professional Practice
            • They will abide by the AIIC's Code of Practice
            • They have Professional Indemnity insurance
            • They have Public Liability insurance
            • They are experts in their field and will save you time, money and hassle.

            Comment


              #7
              Originally posted by westminster View Post
              Further to scoutminnie's post, which may be advertising, ....
              I’m willing to let it go as it appears to be a recommendation rather than advertising.
              I also post as Mars_Mug when not moderating

              Comment

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