UK Landlord Forum / Life

Just a general question, this. Assuming the damage is the tenants' fault / responsibility. They won't pay directly for it. It's not worth bothering the courts for it in itself. I am concerned that the cost of damage when the tenants leave, combined with them constantly being a month or so in arrears means the deposit won't cover it.

The advantage in adding the damage to the outstanding rent would be that Universal Credit will pay direct to the landlord if the arrears get too much, and the tenants are more likely to eventually pay a lumped sum called 'rent' than a separate item for damage.

So can damage be added to the rent?

You don't say how long they have been with you,or if you have already increased the rent in the last 12 months.If a rent increase would be appropriate anyway,I would just do that.It would surely complicate the situation if you mention that this was to cover damage.Whether you can add sufficient to cover your costs depends on the degree of damage done.Generally I don't think you can add much more than 10-15% rent increase in one go.

Is it opinion that the damage is the Tenant's fault / responsibility? Or is that agreed? If it is agreed, then why won't they pay for that damage?

You can increase the rent, but you should probably resist trying to conflate that with any damage, either historical or one potential future. You shouldn't morph one kind of debt into another - for obvious reasons. If you short-circuit the payment of benefits directly to you, then it's a likelihood that that's the last payment you'll ever receive from them... just my experience. I have someone on LHA where the Council Pays direct - there is a modest top-up required to make the agreed rent level... it's like getting blood from a stone, and sometimes I think it's just not worth the hassle (you have to get beaten down over a large number of months to reach that conclusion - at first you're all good intentions, I'll not let this Tenant beat me... but chasing £20 here and there is soul-destroying). What I can't deal with is the broken promises...and the unlikely excuses... this Tenant of mine must've had her mobile phone stolen about 25 times now! And it's a pretty good area, so I cannot fathom what she's doing. My point is... if you increase the rent you had better make sure it can be paid. Relying on it being paid at some future time feels... hopeful to me?

Thanks so much for help / replies. I have a sinking feeling that I'm not able to do what I'm hoping to do from the way the replies are written. I wasn't thinking of increasing the rent so that over the months I get the money back. I was thinking of directly adding the damage amount to the outstanding rent. I wasn't trying to cover up the result either. Am I allowed to say 'your outstanding rent is now the current outstanding rent + the unpaid damage'?

Thanks so much for the help.

Quote from: BrianJones on November 08, 2017, 10:17:59 AMAm I allowed to say 'your outstanding rent is now the current outstanding rent + the unpaid damage'?

I want to very clearly say "no"... but I cannot back it up with things like facts and case law etc. - it just seems wrong, right? A debt is morphing without agreement.

I gather that you have brought up the damage issue,and they don't accept responsibility.On top of this you have the aggravation of rent arrears.It could be easier all round just to serve notice,making it plain that you will be itemising the cost of the damage,and taking it from the deposit. Cut your losses,and wish them good luck in their quest to find someone else to leach off.
Unless.....you have protected the deposit haven't you? If not,keep schtum. 

Many thanks for the replies. It's lovely to have this help. Message received that I can't do what I hoped to be able to do. Thank you for your time and advice.