Damaged Garden Wall

[ABC123]

My property has a garden wall about a metre high that borders a path which runs along the front of a row of 10 houses. The wall has been damaged (it looks like it has been kicked down in the middle). The tenants say they have no idea who did it and just found it like that one day.

Are the tenants responsible for its repair? The TA states the tenants are responsible for maintaining the garden but it does not mention the garden wall.

[theartfullodger]

Well, no they are not responsible, it could have been anyone Just because something gets damaged during a tenancy doesn't mean tenant is responsible. What if a 747 crashes onto the place - you'd not expect tenant to pay, nor re-instate the garden that your tenancy says they are responsible for.

If it genuinely appears damaged intentionally I'd ask tenants if they have reported the damage to Police, if not inform tenants you will be reporting criminal damage to Police - and watch their face when you say it.

[ABC123]

That's fair enough, it's just I'm sure it was the tenants that did it but of course they would not admit to it.

I have another question that I hope is ok to post here rather than start a new post. I have owned the property almost 10 years and never had a problem with mould in the bathroom until these tenants moved in and now the ceiling is black. Are the tenants responsible for this or not? There is an extractor fan in the bathroom that comes on automatically when the light is turned on so not sure how this has happened unless they are turning it off at the isolator switch (which of course they deny).

[Hippogriff]

How are you sure the Tenants did it? I mean, if you have evidence then it's a different ball game.

Your gut feel isn't evidence, sadly.

[theartfullodger]

In your shoes I'd bid them goodbye with s21. When did they move in & how long was fixed term, please?

[ABC123]

I do actually like the tenants and don't want to ask them to leave (I just want them to pay for what is their responsibility!). They are young and can be silly but are affable and do know they will be responsible for their actions (if I can prove it!!!).

I told them I have never had a problem with mould in the bathroom before in all the years I have owned the property and told them they will be responsible for paying to get it put right because they can't have been ventilating the bathroom properly. They seem to have accepted this but I have asked the question here as I do not want to charge them if it would not be deemed their fault in law. I was told one of them takes an hour long hot bath every evening and I believe this must be the cause of the mould - especially if they are turning the extractor fan off or turning the light off (and hence the fan) and using candles for a more relaxing bath time experience!

[ABC123]

How are you sure the Tenants did it? I mean, if you have evidence then it's a different ball game.

Your gut feel isn't evidence, sadly.

Just the very guilty looks I got from them, I have no hard evidence.

[Hippogriff]

OK, well, you have your answer, I'm afraid. Your responsibility to repair.

[mind the gap]

Please explain how you think your Ts could have partially demolished a boundary wall except with mechanical means, or unless it was not stable to begin with.

Looking guilty when confronted can simply be a mask for embarrassment - you cannot assume they did it.

Report it as criminal damage, claim from your landlord 's insurance and do 3 monthly inspections to show your Ts you take the state of the property seriously.

[Wannadonnadoodah]

When was the last time the extractor was cleaned out? Could reduce the efficiency if dirty maybe?

[ABC123]

mind the gap,

It has been kicked from the garden side (the bricks were in the path the other side).

Hahaha, embarrassment is not something that afflicts these youngsters, I can assure you. I cannot be 100% certain that it was them (or their guests), probably when drunk and/or angry after an argument, but I am satisfied with my gut feeling that it was them. Also if it wasn't them I am sure they would have been straight on the phone to let me know rather than leaving it until I next called round and discovering it myself.

Good advice - I hadn't thought of claiming on the insurance.

[ABC123]

Wannadonnadoodah,

I checked it and it was fine. I suppose it could be a blockage further down the ducting but by placing my hand against the extractor I could feel the suction.
I keep asking them to leave the bathroom door open when it's not in use but every time I go round there it is shut.

[jpkeates]

You should probably sort out better ventilation.
If you used to live there, you'd adapt, tenants won't.

There's no obligation for either of you to fix the wall.
It's probably sensible for you to do it, but garden walls aren't essential.

[mind the gap]

The problem with not fixing a broken boundary wall is that it makes the place look uncared for ( so harder to attract tenants next time), plus, it may even be a danger to the T or to the public/children/pets. (More bricks or stones are likely to fall out, or the whole thing could collapse).

Get it fixed!

[jpkeates]

Totally agree, I'd have fixed it by now,
but that's the actual answer to the question asked (as far as I know).