Tenant trashed property

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    Tenant trashed property

    Hi I need some advice. I’m relatively new to being a landlord. I used an agency but they weren’t very good so I started to do everything myself, which was fine until recently. GgI had a DSS tenant in my property in north Scotland for almost 2 years. They decided to move and gave 4 weeks notice, which I accepted. They had a SAT which was rolling month to month without rent increase from nov2017-May 2019. I notified them of a slight rent increase to make rent in line with housing benefits (extra £80 a month). At this point she decided to leave which was fine. I just completed the house Inspection and house is trashed- it’s not been deep cleaned, we’re pets and smokers (breach of terms), smoke detectors are all removed or hanging, bathroom at some point in last year has flooded into kitchen, there is no pressure in shower which as been replaced without my knowledge, the jacuzzi doesn’t work now, door is broken. Every bedroom door is covered in paint and either has what looks like a fist mark or a hole of some sort. Same goes for shed and garage doors- hanging by 1 hinge and they’re broken. The concrete wall has cracks which a brick is told me looks like someone has smashed something on top to cause the damage. Floodlights hanging off, wiring cut in lounge, all carpets were brand new before the tenancy started in 2017 and house was all painted magnolia or white. The flooring I put down is gone and carpet right cheap £2.99p/m stuff is in its place (no underlay). Same with vinyl in kitchen- it’s replaced with Poundland floor tiles. The hall carpet and 2 of 3 bedroom carpets have stains, ink and what looks like either wax or something sticky all over carpets. The last bedroom has had the carpet replaced with a bright blue carpet (was a deep red before and expensive). The rooms have been painted badly and blue paint is now on ceiling and skirting. The kitchen had new worktops put In Week before tenancy and they are scratched, dented, covering looks like someone burnt a hole in it. It’s covered in paint and the dents have been filled with polyfilla badly. The kitchen is solid wood and while it’s about 10-15 years old it was in good condition- the doors are now covered in splats of paint, handles broken, the units that are made of mdf/plywood have swollen and facing has been removed from almost every unit. The plasterboard is also full of kick marks and holes. The list goes on. All my furniture has also been removed and replaced with old rusted broken furniture that looks like it comes from a flea market! There’s cat/dog urine stains on bed, curtains etc.

    I’m In A unique situation in that they paid £900 deposit (in MDS scheme) and their rent was paid by council in arrears- as a result I have been paid 2x for July - at beginning and again on 31st. I phoned Council and they don’t want money back- said it’s my discretion if I return to tenant.

    So my questions-

    1. can I keep the additional money to go towards the cost of damages and repairs? That gives me £1800 (inc £900 deposit) which is still a fraction of the costs for repairs but it helps.
    1. what would any of this be classed as wear and tear?
    2. Can I charge her for pinching my furniture or at least to cover cost of disposing of the junk she has left behind?
    3. Can I charge for the fact my brand new carpets are removed and replaced with something a fraction of the cost?

    Any help is appreciated thanks

    #2
    If you really mean SAT, you are in the wrong forum; you would want the Scottish law one.

    Comment


      #3
      If you don't have an inventory stating condition of all this at the outset of the tenancy then don't expect to win any claim.

      Try to hang on to the overpayment.



      Freedom at the point of zero............

      Comment


        #4
        Hi

        yeah I had an inventory and also photos time stamped an hour before the lease was signed and keys handed over

        Comment


          #5
          Invoice them for the costs incurred and then you can offset the extra rent from the invoice.
          Remeber you are not entitled to betterment

          You can also use the simple procedure to claim losses from them- you do not need a forwarding address to take someone to court in Scotland

          Comment

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