Please help, tennant moved out

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

    Please help, tennant moved out

    Ok I'll try and be brief. Looking for anyone who can offer advice. Tennant has just moved out of our house. Had a look around when she was still in but since she had left and moved all her stuff out have realised that there is a lot of redecorating etc to do. She moved in 2 years ago and all rooms were newley decorated and all carpets brand new. We did not do an inventory as I thought you only did them is house was furnished (its not) but do have all receipts for carpets, decorating etc so can prove this was all done just prior to her moving in.
    State of house is as follows. Dinning room walls scribbled on in pen and crayons. Wallpaper (large chuck) ripped off in living room, another bit in the hall and another bit in the main bedroom. All these rooms now need redecorating. Carpets in lounge and dinning room covered in nureous stains, (was told these would be claned before she left) Also light fitting smashed in hall, holes etc in door frames were saftey gate has been (no biggy but still need filling painting etc) also they have put a door on to the stairs at the bottom, this was done very badley and has made a right mess on the wooedwork.
    In additon loads of paint work is chipped etd but I conceed this is normal wear and tear so will just put right.

    So overall can I do anything? I still have approx £300 bond but am unsure if I can claim any of it as there was no inventory done at the start (although could I use the recipts etc as proof) Also if I can deduct anything what do you consider to be normal wear and tear. I don't want to be unreasonable or do anything wrong but in fairness it will cost more than the bond to put right and I dont think scribbling on walls, ripping off paper is normal wear and tear?

    Any help appriciated as tennant is insiting she wants her bond now!

    Thank-you

    #2
    With no inventory you are stuck!

    The only thing you could do, is hold on to the deposit until such a time that the tenant requests it back.
    You could then advise the tenant about the works required and hope that she will pay for the works.

    HOWEVER. If the tenant wants their deposit back and takes you to court, without an inventory you will not have a leg to stand on.

    Sorry to be the bearer of bad news, but always, always have a detailed inventory signed by the tenant.

    Comment


      #3
      You may as well hold on to the £300. Force her to take it to court, if she has the time and wherewithal. Tell her that if she plans on going to court, that you will countersue for a lot more money than the £300.
      ASSUME NOTHING - QUESTION EVERYTHING!

      Comment


        #4
        Originally posted by Paragon View Post
        You may as well hold on to the £300. Force her to take it to court, if she has the time and wherewithal. Tell her that if she plans on going to court, that you will countersue for a lot more money than the £300.
        Fair point, but also bear in mind that if it gets as far as a court and you lose, you will end up with a county court judgement against you.

        By all means take it as far as you can, because at the end of the day the tenant has still caused the damage, but I wouldn't risk my credit rating for 300 quid.

        Comment


          #5
          if you pay into the court or to the other party the amount of the judgement within 30 days of the order, you won't have a county court judgement registered against you. Plus it costs money to register judgement would the tenant be willing to pay?

          Comment


            #6
            Originally posted by attilathelandlord View Post
            if you pay into the court or to the other party the amount of the judgement within 30 days of the order, you won't have a county court judgement registered against you. Plus it costs money to register judgement would the tenant be willing to pay?
            I never knew that. I've learnt something new today, so can now take the rest of the day off, cheers.

            Comment


              #7
              thanks

              Many thank for the advice. Have paid the tennat all her deposit back as just do not want the hassle of arguing with her and with no inventory looks like we messed up anyway. Will learn for this time though. Very much doubt she would have had the werewithal to take us to court but would not have put it past one of her family members to break a window or something. I did include a short note in the final letter we sent her with her cheque saying how dissapointed we were with the state of the place hopeing it might make her feel bad. Probably won't bat an eyelid but made me feel better. Anyway thanks again, now redecorating and will do an inventory this time.

              Comment

              Latest Activity

              Collapse

              • Reply to who's repsponsibility
                by jpucng62
                Tenants often don't have the tools to manage large foliage or dispose of it. If I could do it without too much effort I probably would or offer to arrange for it to be done & pass on the cost. It is definitely their responsibility.
                02-12-2021, 09:20 AM
              • who's repsponsibility
                by madmaxwell
                Received message from tenant saying the storm last week had caused the bush/tree at the front of the property to blow over and could I sort asap. I replied I didn't know there was a bush/tree at the front of the property and enclosed the inventory photograph of the front showing this. The tenant responded...
                02-12-2021, 08:54 AM
              • Reply to Granting a very long AST (to a family member)
                by doobrey
                Agree with all the above.

                General advice is not to let to family or friends.

                If doing it, a long AST doesn't seem helpful to me. If both parties (as family members) trust each other implicitly then there should be no need for the contract. If they don't, then they should not...
                02-12-2021, 09:04 AM
              • Granting a very long AST (to a family member)
                by meehr
                For a variety of reasons a family member is considering renting out their leasehold flat to a cousin for a long period of time - to provide security they want to grant a very long AST, like 8 years (till kids have left home basically). They both want to do this for security and avoidance of argument...
                01-12-2021, 23:27 PM
              • Reply to who's repsponsibility
                by jpkeates
                No one's at fault.
                That just complicates things and makes it harder to agree a resolution.
                There was a storm and it made things fall over.

                The question is, who's responsibility is fixing the problem? And it's the tenants'.
                02-12-2021, 09:03 AM
              • Reply to 5 Yr Residential tenancy agreement
                by jpkeates
                Notice from a landlord doesn't end the tenancy, so a long tenancy agreement with a break clause is loaded in favour of the tenant.

                The clause that Hooper has quoted would allow a tenant to end the agreement at any point after the first six months by giving two months notice ending at the...
                02-12-2021, 08:58 AM
              • 5 Yr Residential tenancy agreement
                by Gurvinder
                Hi All

                We have a property which is managed by a letting agent
                He has found new Tennent's that want to lease it for 5 yrs. There is a large hospital near the property and the tenants are NHS workers.

                My questions are as below.

                1) I read somewhere a long...
                30-11-2021, 21:42 PM
              • Reply to 5 Yr Residential tenancy agreement
                by Hooper
                Either the landlord or the tenant shall be entitled to terminate the tenancy by giving at least two
                months notice in writing to that effect. Notice must not expire within the first 6/12 months of the Term and must expire on the last day of a rental period....
                02-12-2021, 08:21 AM
              • Reply to Section 21 - can tenant leave before two months notice is up
                by jpkeates
                ROFL.

                If they move out, the rent will stop automatically (or be reclaimed by the DWP if paid).

                The tenant can stop the rent being paid to you anytime.

                You’ve given them notice telling them to leave in 2 months and they’re trying to do what you said to do. You...
                02-12-2021, 08:16 AM
              • Section 21 - can tenant leave before two months notice is up
                by Seftonsefton
                Hi there

                I recently gave notice via form 6a to my tenants with the two months notice being up on 15 January 2022.

                I gave notice because I want to sell the flat in the middle of next year, but fully expected a protracted eviction because the tenants are unemployed and rely on...
                01-12-2021, 15:58 PM
              Working...
              X