Reckless damage caused by tenant?

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    Reckless damage caused by tenant?

    Hi

    Sorry I'm new to this Landlord stuff....

    Basically tenant states that her UPVC front door is damaged and the glass looks like it is going to fall out. She explained that the door slammed shut on her causing the damage and clearly believes this is for me to fix and pay for.

    There have not been any high winds recently that could have contributed to this. I have an inventory that confirms this is new damage. There is a clause in the tenancy agreement stating she shouldn't damage the property.

    She has been awkward recently - paying rent 22 days late last month etc so not exactly model tenants. Her "friend" who isn't on the tenancy but always seems to be there is likely to be quite argumentative.

    I am tempted to say this is new damage and doors don't slam shut on themselves to themselves to the extent the glass is about to fall out. As a result it is at best reckless damage and she should be responsible for the bill or at least 50%. I cant prove that it was deliberate or malicious.

    Any advice from someone more experienced would be appreciated. Is this reasonable? Is she refused to pay do I just wait and take it from her deposit.

    Thanks

    #2
    I would go and remove the glass, take it home, & screw a board over the hole both inside & out. Then the thing is 'safe' even if not very attractive. When she moves out, I would deduct any further repair cost required.

    Comment


      #3
      So she pays rent late: And have you served an s8g10 notice? One can be served if only 1p is underpaid only 1 day.. When can you take s21 to court?

      So, clearly there is new damage: Would it be correct to state whilst you honestly and wholeheartedly believe it is the tenant's fault, you have no way of proving this?

      Are you landlord, agent, what?

      As you state
      Hi

      Sorry I'm new to this Landlord stuff....
      Do we take it you are not the Y F Properties Companies House list?
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by theartfullodger View Post
        Would it be correct to state whilst you honestly and wholeheartedly believe it is the tenant's fault, you have no way of proving this?
        Sounds as if the tenant has already admitted to having let the door slam.

        If you are uneasy about a tenant you need to take steps to get rid of them as soon as you can. You sound uneasy.

        Comment


          #5
          Hi

          Yes uneasy. I did not issue a S8 as I was unaware of the benefits of this without them being 2 months in arrears. After telling me about 6 times that they would pay immediately they did pay up and I was hoping this would be a blip on another wise good tenancy. They have only been in for 3 months now.

          I am the Landlord - we are a family business of a few properties and our business structure is a ltd company.

          Ok thanks sounds like good advice.

          They are now saying the door was cracked when moved in when they moved in. I have an independent and professional inventory disputing this. They said its not their fault as the door was already cracked and the door slamming was just the final straw.

          I dont want to be unreasonable and if this was the only thing I would be inclined to let it go, but its the second issue in 3 months and doors are expensive!

          Thanks for your replies.

          Comment


            #6
            Confirm that your records show that there was no damage and ask them for some evidence that the door was cracked.
            Get some quotes for ficing it and tell them how much it will cost them.

            Repairing the door is your responsibility, who pays for it is the issue, so get it fixed in the meantime (as above, it doesn't have to be cosmetically perfect, but it's your property).
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              I wonder whether this might be yet another reason not-to-take a deposit.

              If there is a deposit, then the argument will be "take from the deposit at the end" (if there is any left)

              The other option is to invoice them, and then if invoice not paid, take to small claims court immediately (obviously if that seems appropriate). Having no deposit would probably make this more plausible.

              Comment

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