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Tenants damaged property

Started by atom124, September 26, 2022, 11:43:04 PM

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atom124

Hi all, hope someone can help. Our tenants refused an inspection for over a year we've finally got in today and the house is trashed. Main concern being a leak from a shower that has caused significant water damage, they have them removed lights in that area and a mains wired smoke alarm. there are safety concerns also, cupboard where the boiler is stored is jam packed with rubbish , wrapping paper and junk. The water leak was never reported to us and the cost of repair for that and the excessive damage to every door , floor and wall will cost much more than the deposit held to put right.

With the water damage being caused tenant negligence can I request that this is put right and a new smoke alarm installed by them within a period of time and then go back and reinspect ? Or will we have to carry out repairs, wait till the end of tenancy and take it out of the deposit ?

We need gas and electric checks completing but our tradesmen are being turned away at the door ( even when appointments are confirmed ) we will continue to persevere to have them completed as we are seriously concerned about safety and our duties as a landlord.

Can I say to the tenant we need certain repairs carried out straight away/ within 7 days and if it's not done serve a section 21 ?


heavykarma

This is a dilemma,.You can request all you like,but it sounds very unlikely that they will spend any money on repairs. I would be issuing notice at the earliest opportunity.You can't issue 21 while the contract is still going.You can so so 2 months before it expires.
The problem you could have is if they decide to complain to the council about the issues you describe,and try to say you have refused to do them,it could make it hard to give notice until the work is all done.Likewise the gas and electricity checks.I would be inclined to speak to the council myself to get some clarity.Hope you have photos  before and after  the damage was done,an inventory and proof that tradesmen have been refused entry.

jpkeates

You can suggest that they put it right, but they may not.

Many landlords feel that this is something that has to wait until the end of the tenancy to resolve, but that isn't the case.
You can advise the tenants that repairs are required, and that, because the work has been made necessary by their actions or negligence, they will be required to contribute to address the loss you have suffered.
You have to make adjustments to what you claim to cover the normal wear and tear and depreciation that the items would have incurred anyway - so what you claim will be less than what it costs.

Alternatively, you could evict them and do the work afterwards, but it's hard to get the tenant to pay.

Where what they're doing is dangerous, like piling things round the boiler, you should point this out to them.

Long term, this tenant is going to have to be removed from the property, though. People don't change their behaviour long term.

atom124

Thank you both for your help. We were shocked when we entered the property . Every wall has holes in, things hanging , dart boards , heavy duty shelves , and the cleanliness of the tenants is damaging the property. It said in the tenancy agreement that they must have permission to hang things/ decorate etc. Can I not ask them to take them all down and use our decorators to fix it ? Then if it's not done they'll still be in breach of tenancy serve a section 21? The carpets were all new and high quality when they moved in , there's nail varnish all over them. just need to try and get them to do something , with the deposit not being enough cover.

heavykarma

Sadly it's not that easy.When does the lease expire,assuming it's not periodic ? What sort of  pre-tenancy checks were carried out,and do they have salaried jobs? If so you could take them to the small claims court for the legitimate expenses not covered by the deposit.
I find it hard to believe that people who have treated the property in this way will just meekly do what you ask of them. I hope I am wrong, but you may find they pull every trick in the book to avoid eviction.Some of the issues you mention sound a lot more serious than stuff hung on the walls. You will find it impossible and pointless to get such work done with them in situ.You are wasting energy on this idea that they will start spending their time and money,when they must know full well that you intend serving notice asap.