UK Landlord Forum / Life

Hi,

I have a tenant who reported some damp issues in April time - when I sent and engineer and he said it was due to lack of ventilation and quoted for a positive input ventilation unit. I then asked tenant whether he was going to stay in after the fixed term and he said no - then I decided not to install as his living habits made me convinced that nothing was going to solve the condensation problem as long as he is in. Engineer also informally advised me that this was fully tenant issues. Anyway, 4 months later than enginner visit he left the property. 1 day after he left we found major issues in the flat, including water coming out of laminate in reception. When I push the flooring with my hand, I can see that water coming out of laminate and took a video of it. I want to now take him to the small claims court as we had to replace flooring so on but not sure if we can prove that he did not report leak. He might say he did not recognise. I am not sure the video we have is a good evidence. So looking for your advise please.
thanks

Off the top of my head, you'd have to demonstrate that:

a) your tenant had an obligation to report any leaks
b) the leak was so obvious - when the tenant was still there - that it could not reasonably have been missed
c) the tenant did not in fact report the leak
d) the failure to report the leak in a timely fashion resulted in higher costs than you would otherwise have incurred (given that you'd still have had to repair the leak anyway)
e) the leak wasn't caused by your failure to maintain the pipework

I don't think I'd bother.

Quote from: Jsmith7h on December 08, 2018, 04:07:47 PMI want to now take him to the small claims court as we had to replace flooring so on but not sure if we can prove that he did not report leak. He might say he did not recognise. I am not sure the video we have is a good evidence. So looking for your advise please.

Likewise, I don't think this has any legs. You can prove the Tenant did not report a leak, for sure... but the Tenant can prove he reported "some issues"... a Tenant is not expected to be an expert Plumber (even if that is an oxymoron)... they're just renting the place from you... you're responsible for structural and infrastructure type stuff. There's times when you've gotta realise it's gonna be more effort working to fail in getting satisfaction than it is in just remedying the situation and moving on. The Tenant can also prove that you ignored your Plumber's advice... I mean, that's hard as a "positive input ventilation unit" doesn't sound like it would've been the resolution to the issue here... but you had someone go in (someone you selected) and then failed to do anything about what they suggested - the Tenant just lived there and then eventually left after realising what a crappy Landlord you are.

Remedy. Move on. Learn. Don't be so casual.

If the engineer failed to notice any of the major issues you mention,I don't see how you could prove the tenant was negligent in not informing you.You mention an "informal" report,which makes me wonder if this was a professional opinion you sought.
I think you risk a counter-claim by your tenant if you pursue this -eg damage to their personal items,aggravated chest infections etc.Leave well alone.

I will be glad if HIPPOGRIFF stop commenting on this topic.

Coming back to subject, tenant has reported condensation in bathroom in April time, and an engineer reported that this is due to tenant's living habits and quoted for a positive input ventilation system which I have not installed. Tenant had removed the washer drier and put his washing machine, and was not using the fan in bathroom. I had emailed to him when he first moved in explaining how bathroom fan is working. This is the reason why I have not installed the ventilation unit.

no issue on health so on ever reported. I am not worried that he will counter claim. There are also tons of other damages he has done which nothing to do with condensation or leak i.e broken freezer drawers, left lots of rubbish so on. 

I really don't see where the bathroom ventilation system comes into this apart from the fact that you spent half of your original post on it, before we got to the actual water leak. Likewise, I don't see the relevance of the broken freezer drawers and rubbish left behind: again, they're a separate issue. The usual thing would be to identify these things at check-out and make a deduction from the deposit accordingly, preferably by agreement with your tenant.

So far it seems to be three votes in favour of forgetting it and moving on.

Quote from: Jsmith7h on December 09, 2018, 10:08:53 PMComing back to subject, tenant has reported condensation in bathroom in April time, and an engineer reported that this is due to tenant's living habits and quoted for a positive input ventilation system which I have not installed. Tenant had removed the washer drier and put his washing machine, and was not using the fan in bathroom. I had emailed to him when he first moved in explaining how bathroom fan is working. This is the reason why I have not installed the ventilation unit.

no issue on health so on ever reported. I am not worried that he will counter claim. There are also tons of other damages he has done which nothing to do with condensation or leak i.e broken freezer drawers, left lots of rubbish so on.

Or... an alternative viewpoint... moving away from the subject entirely? You can't conflate issues together just because it seems to suit your purposes to do that. Your issue (when you get to the nub of it) is whether you would have much success in trying to sue an ex-Tenant for not reporting a leak... the advice given is from 3 different folk, who've read your post, and they've come down in the same camp.

Surely it's enough for you?

again keeping the Hippogriff out of this discussion please

Simon,
thanks for your comments. Basically, had a discussion with two solicitors, and they both agreed that to take this case on no win no fee basis - definitely they believe that the video we have is an excellent evidence to prove that tenant had to report and he failed. Other information such as broken fridge drawers, loose switches, and left rubbish behind are important to prove that it was not used tenant like.

anyway - thanks for all comments except Hippogriff - I believe these people should be removed from the forums.

thanks

Frankly, I'm quietly confident you have made this up. Not the situation, the fact that you have had 2 Solicitors agree to take this case on on a no-win-no-fee basis. I'll wait to see that actually materialise... it won't.  You know it, I know it. The video doesn't prove the Tenant had to report, and failed... the whole sentence doesn't make any sense. The Moderators on this forum are quite skilled at sniffing out fakeness... I call fake! 

Basically... 

Quote from: Jsmith7h on December 11, 2018, 04:46:46 PManyway - thanks for all comments except Hippogriff - I believe these people should be removed from the forums.

Could you please follow the proper channels and raise a formal complaint with the Moderator, which I'm 100% sure will be reviewed on its merits?

One thing you did not explain was how the check-out  was organised.You called the day after he left (this was August I gather) so presumably you contacted him,and said you would be claiming deductions from the deposit.What was his response? There seems to be a big gap in your narrative regarding what has been going on since August? Where is the deposit now?
Forgive me for being blunt,but if you have actually found 2 ambulance chasers prepared to take on your case, that is not reason for confidence.They make their money out of people who are very naïve or very stupid.Your energies should be spent getting the place ready for reletting.If the other major issues are the fridge doors and rubbish left behind,these sort of things are  par for the course,and I have often just had to waive my right to claim,not worth the hassle.