Tenants Breached Agreement.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenants Breached Agreement.

    My tenants of two years have just vacated the property, and we have since found that they have breached our contract as they had a cat when it specifically states that they were not to. They have damaged both of the sofas, cracked three floor tiles and have not informed of us of a leaking radiator which in turn has damaged the bedroom carpet. Are we entitled to keep the full bond, as we have incurred costs over the intial bond?

    #2
    You are entitled to claim reasonable compensation, yes.
    Note though that if e.g. you replaced the carpet you cannot charge for the full cost of the new carpet, but only for the residual value of the old capert. I.e. value of old carpet when new minus fair wear and tear.

    At this point the fact that he had a cat or not is not really relevant, though.
    As a side comment: Clauses absolutely forbidding tenants to have pets are considered unfair by the OFT.

    Comment


      #3
      Originally posted by Sweets View Post
      tenants vacated the property, had a cat states
      were not to.
      They have damaged sofas, three floor tiles, a leaking radiator, damaged bedroom
      carpet. Are we entitled to keep the full bond,
      You can claim ( if you know where they are ? ) for ALL damage.
      Bond / deposit is a "reasonable amount" that tenants can afford
      and if average tenants, deductions would not take all the deposit.

      Any damage is recoverable via the courts if deposit is not enough
      to cover the cost.
      Cats :- You must have the place deep cleaned because there was
      an animal there, and anyone who says cats ---never-- have fleas,
      and never bring fleas in when they have been outside with other cats,
      is not in the real world.

      Hence the stipulation not to have pets because of the damage and cost
      of cleaning after the pets. Then charge the ex tenant.
      If you don't deep clean, are you 100% certain thereare no feas there.
      They are very small you know, and hard to spot, so deep clean to
      make sure there are none there.
      The last thing you want is the next tenants saying -- You did not tell me
      there were 2 fleas here breeding under the corner of the carpet.

      R.a.M.

      Comment


        #4
        As a side comment: Clauses absolutely forbidding tenants to have pets are considered unfair by the OFT.

        Many leases do not allow animals therefore tenants need to respect this and find a property which allows pets, not sneak them in.

        Comment


          #5
          Originally posted by bbva View Post
          As a side comment: Clauses absolutely forbidding tenants to have pets are considered unfair by the OFT.

          Many leases do not allow animals therefore tenants need to respect this and find a property which allows pets, not sneak them in.
          Whilst I agree in principle, the fact remains that jjlandlord is totally right - the OFT does regard blanket bans on pets to be unfair. Full stop.

          Comment


            #6
            Do you have a condition report/inventory showing the condition of the damaged items at the start of the tenancy? If so, the amount you can deduct from the deposit is calculated as follows...

            a) Expected lifespan
            b) age of item at end of tenancy
            c) Replacement cost of item

            c/a multipled by a-b is the valus of your loss.

            Is the deposit protected in a government approved scheme?

            Comment


              #7
              Joining just to promote your business is "Not on"

              Originally posted by jdave1372
              If anything goes wrong, call 911.
              Joining just to promote your business is "Not on"

              I see you have only joined today, with the sole purpose of advertising
              your business.
              Seen it all before, you put a quick reply, one sentence long, maximum.
              in order to promote your business.

              Also we are not in USA, as 911 is not what we dial.
              and your comment is nothing to do with the post.

              Spam reported.
              Last edited by Moderator2; 23-08-2011, 15:20 PM. Reason: Link removed

              Comment


                #8
                Ram,

                ‘Dave’ is from Bangladesh, not the USA, and may well be a spambot, I banned over 150 of them in the last couple of days.

                Just reporting the post is fine; quoting it leaves me with another post to delete. If as in this case there were multiple posts in multiple threads I can delete them in one action, but I have to manually check if anyone has replied and quoted.

                Regards,

                Andy
                I also post as Mars_Mug when not moderating

                Comment

                Latest Activity

                Collapse

                • Reply to Epc
                  by mariner
                  Not quite. The LL can apply to Court for Right of Access & ask Court to apply costs against T.
                  29-03-2020, 02:10 AM
                • Epc
                  by lavy
                  Hi, Wondered if someone could clarify I have property with existing tenants in place long term and the epc has expired but was in force when they moved in . I am aware that it would need to be renewed if a new tenant was to move in . With the new rules coming into force soon must i get an epc done...
                  11-02-2020, 12:28 PM
                • Reply to No EPC
                  by mariner
                  I think you need a valid EPC before the Property can be advertised for sale/rent, but not for an eviction.
                  29-03-2020, 01:30 AM
                • No EPC
                  by Onepropertypeter
                  I have a single property which I have owned since 1998. I currently have had the same tennent for about 10 years. When she began the tennency there was no requirement to have an epc and I was unaware that I needed one! I have decided to sell the property as I am now 70 years old and want the capital....
                  28-03-2020, 16:16 PM
                • Reply to Epc
                  by flyingfreehold
                  Not quite correct. If the tenant refuses upgrades, which is his/her right this is a ground to apply for exemption...
                  28-03-2020, 22:15 PM
                • Reply to Asking for 35% off rent
                  by AndrewDod
                  This is not likely to be valid or easy employed. It does not sound like a deed. What witnesses were there? How many witnesses and who were they? Do you have proof of ID for the Guarantor and witnesses?

                  But yes, they are most likely chancers using the law to try to diddle you.
                  ...
                  28-03-2020, 21:15 PM
                • Asking for 35% off rent
                  by Lillylisa
                  Hi. I am a fairly new landlord and I only own one property. About a month ago I reached out to my tenants asking if they were okay and if they wanted to get in contact with me please do. Three days later they contacted me to ask for a massive reduction in the rent asking for 35% off. I have no issues...
                  28-03-2020, 16:20 PM
                • Reply to Asking for 35% off rent
                  by Snorkerz
                  Then unfortunately, you will have difficulty enforcing the guarantee (unless your guarantor is named as a tenant or the tenancy agreement is executed as a deed). The reason for that is because

                  With your tenancy agreement
                  • You give the tenants a tenancy, they give you rent (consideration)
                  • Guarantor
                  ...
                  28-03-2020, 21:13 PM
                • Reply to Asking for 35% off rent
                  by Lillylisa
                  Ps I’m unable to edit the original. Sorry so long winded. I have a visual impairment & have to use voice dictation. It’s awful!...
                  28-03-2020, 21:06 PM
                • Reply to Asking for 35% off rent
                  by Lillylisa
                  To be clear: the guarantor signed the contract which has a section called The Guarantor which clearly lays out his/her legal liabilities. In this case, he is liable for all the rent not just for his nephews. I’m sure they would not want this to fall to him. They have been very good tenants so far....
                  28-03-2020, 21:02 PM
                Working...
                X