Help needed re damage to property

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  • Scotlandlord 12
    replied
    You see I am very inclined to contact the police too, if only to get it logged. Not too sure about the insurance, I will check this tonight. I have lots of detailed photos and I have the management company coming this week to inspect it as the communal area is theirs to maintain. I am sure they will want to carry out their own investigations.

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  • theartfullodger
    replied
    I don't know these guys but I'd give them a ring, the law being so different over there...
    http://www.lani.org.uk/
    He sounds like he'll be trouble, but I'd be very inclined to find some way of proving I'd reported damage to Plod (? email??). Does your insurance require you to report criminal damage??

    You've taken lots of photos aye??

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  • Scotlandlord 12
    replied
    The locks are now changed.

    Ordinarily a replastered wall would be obvious, however, the wall was already damaged with mildew and partially painted with mildew paint so not obvious at first.

    He has literally lifted the carpet and removed concrete which has been repaired but it is clear where samples have been taken. They are like small drill holes. We only noticed this when we lifted the carpet to check the underlay as he had said the underlay was soaked which was false.

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  • westminster
    replied
    Originally posted by Scotlandlord 12 View Post
    We found out they had a contractor in the day they moved out. This was communicated to us by two other residents at the development. We discovered this a few days after they left. The samples removed were not initially discovered at the time of inspection. The plaster was removed from the bedroom walls but as I mentioned it was replastered. There was also a number of samples taken from the floors. The original damp specialist we contracted informed us that no plaster was disturbed and therefore he would not be removing any. He instead carried out his inspection with damp reading devices and his observations.
    I would get the locks changed. T has no right to access the property after the tenancy ends.

    A replastered area would be obvious, surely? You can't paint over wet plaster.

    Samples of what from the floors?

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  • Scotlandlord 12
    replied
    We found out they had a contractor in the day they moved out. This was communicated to us by two other residents at the development. We discovered this a few days after they left. The samples removed were not initially discovered at the time of inspection. The plaster was removed from the bedroom walls but as I mentioned it was replastered. There was also a number of samples taken from the floors. The original damp specialist we contracted informed us that no plaster was disturbed and therefore he would not be removing any. He instead carried out his inspection with damp reading devices and his observations.

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  • Mrs Mug
    replied
    Originally posted by Scotlandlord 12 View Post
    The property is in NI.
    The link below offers advice for landlords in NI. I hope it helps.

    http://renting.housingadviceni.org/

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  • westminster
    replied
    Originally posted by Scotlandlord 12 View Post
    The property was inspected on the day of handover and all looked to be in order. He is still aiming to claim for his personal items and we have now handed this to our solicitors to manage. However we have sinced discovered that the tenant has had a further contratcor in to complete a damp survey and has removed approximatley 8 samples of plaster from walls and floors. He did make some attempt to replaster them but did not seek any permission to do this at all. He has also removed a substantial amount of plaster from a communal hallway outside of the apartment. This has not been replastered and there is huge holes in this wall.

    I am looking for advice on how we should handle this going foward.
    If the T has caused damage, and you have evidence of it (i.e. a condition report/inventory conducted at check-in and check-out) then you either claim against T for it, or counterclaim. But I'm confused; you say that you have 'since discovered' that T has had a contractor in - are you saying this happened after the tenancy ended? Or that you missed the plaster damage during the check-out inspection? And surely the floors aren't plastered?

    If the tenant has taken samples to try and prove there is in fact damp how are we to know that the samples removed are in fact those that were tested?
    That would be up to the tenant to prove.

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  • Scotlandlord 12
    replied
    The property is in NI and this does not apply here yet. Useful to know that the report from EH will have more sway as this clearly states that all readings are within normal range for damp. I think we just found it shocking that he would have the nerve to remove plaster without seeking permission. I am also shocked that a contractor would do that in a rental property.

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  • westminster
    replied
    Originally posted by Scotlandlord 12 View Post
    The deposit was not in a protected scheme as that is not required in my area.
    The area to which deposit protection applies is England and Wales and, as from 2nd July 2012, Scotland.

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  • Mrs Mug
    replied
    Originally posted by Scotlandlord 12 View Post
    They had been in residence for 5 months. The deposit was not in a protected scheme as that is not required in my area.
    If as you say the property is in England, it has been the law since 2007 that the tenants deposit must be protected in a deposit scheme.

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  • Scotlandlord 12
    replied
    They had been in residence for 5 months and the decor was 1 year old (paint). The property is only 7 years old.
    The deposit was not in a protected scheme as that is not required in my area.
    I thought that might be the case with the communal areas, however another owner say them walking around with the contractor. The tenant called to every property in the building asking them if they had damp issues.

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  • Snorkerz
    replied
    It would appear that the damp issue was caused by tenant lifestyle and therefore not your issue. If T does commence any sort of action then that would form the basis of your defence, together with the EHO report which will have more 'sway' than the tenants non-independant contractor looking for work!

    With regard to damage, how long had the tenant been resident and how old was the decor when tenant moved in?

    Did tenant pay a deposit and was that deposit protected by a government approved scheme?

    WRT the communal areas - unless you can prove it was the T, forget it.

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  • Scotlandlord 12
    replied
    He has been up until now but he is off for two weeks holidays and I am not sure I want to sit on the fact that I have no discovered this damage. That is why I am asking for some help here in the meantime.

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  • westminster
    replied
    Originally posted by Scotlandlord 12 View Post
    I would really appreciate your advice.
    Is your solicitor unable to advise you?

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  • Scotlandlord 12
    replied
    No sorry to confuse. The property is not in Scotland. I am Scottish and so that username sprang to mind.

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