My tenant made a number of alterations to the property without my consent - things like replacing flooring, wallpaper, carpets, and painting walls to dark and garish colours. The tenancy agreement clearly states that no alterations can be made without my approval.
The main issue is that one of the replacements (kitchen lino) has already torn within a year. My claim is based on breach of the tenancy agreement rather than damage, and I’ve kept it proportionate by limiting it to rectifying this unsightly issue instead of pursuing the full cost of reinstating all alterations.
Evidence I have:
Messages where the tenant explicitly admits to making alterations and the specific alterations that were made.
Messages with tenant showing I only gave conditional agreement, asking them to tell me before proceeding, but they never did.
Photos showing the damage and the alterations.
Where I’m concerned is that I didn’t do a proper signed inventory at check-in, partly because I was a bit charmed by the tenant, which I realise was a huge mistake. The tenant has said that because I didn’t do an inventory (despite admitting to the changes), he will dispute the claim.
Given the above - noting that the claim is for breach of agreement rather than damage - but no inventory, where do I stand in terms of a claim through the DPS dispute process?
Without inventory the adjudicator has no evidence to know what condition your property was in .
I’ve read that despite saying the house was brand new in writing , lack of images meant the LL lost out on similar claims .
They are working off bits of paper and it amounts to here-say.
I’ve just had a tenant’s inventory returned and realised pictures of marks with no context mean nothing and I disagreed with their marks because I have no idea where they are from and documented as such and I know the house. Adjudicators don’t know your property.
DPS have webinars on this. You really require good data.
I’ve struggled with issues with an inventory with DPS.
I’ve done what you’ve done in the past, most of us will have . Now I have to remind myself that you don’t know what they are and treat everyone with suspicion.
I asked for a deposit refund because a tenant was £3 k in arrears. He alleged he’d worked for me to pay off the debt and I’d cut out the electric.
I spent over 10 hours collating data ( bank statements, emails, SMS, diary entries ) from three years to prove him wrong for circa £300 and when I read the report if I hadn’t have submitted all of the evidence they would have awarded the tenant because of there was no electric he could have used rent to pay to deal with that. To refute it I wrote to national grid to prove my case and they wrote back saying that the fuse blown was not my fault. Ironically it was the tenant who’d tampered with the electrics to bypass the meter and had burnt the cables. I even sent pictures of burnt cables attached to the prepayment meter .
Just put it down to a life lesson. It’s worth investing in inventory software. I use inventory hive. It really makes a difference even before you get to adjudication giving your tenant a 100 pages of images that are irrefutable. It’s time consuming but worth it.
well, to be fair, you don’t have these. You only have photos of current condition. Without photos of prior condition, there’s no way to prove that there is damage caused by tenant.
And the fact that he admitted to changing the floor and it is now damaged is proof of his damage as that floor wasn’t there when he moved in. It’s damage he’s made to the flooring he fitted.
Although part (g) might allow me to claim what you’re claiming for, the end of the clause assumes that we know what “the former decorative scheme” was or how it should be reversed. In your case we don’t and I’d therefore expect your claim to fail. I might be wrong of course. You’ll have to suck it and see.
Agree. I’m just here to gauge opinions, so appreciate your balanced response - it helps! My AST says pretty much the same as yours re 4.2 and (g). I may have to learn the hard way but I can only try for a just decision. I’m hoping the very clear text message admission tips the scales in my favour.
by the way, if I do agree to an addition or alteration, I always make it clear in the written communication what should happen when the tenant leaves.
For example, if they ask if they can install blinds, we agree on whether they will leave them (almost always do) or take them with them. If they agree that they’ll leave an addition, then I draw up a formal doc that is an addition to the inventory with photos of the item and we both sign copies for each to keep.
Most of the time, I’d ask for decoration to be reversed, but occasionally they do a better job than my magnolia and we agree that it will stay.
Without wishing to “shut the door, after the horse has bolted”, or appear sanctimonious, I learned, from a tenant, who worked in the City, as a banker and was a landlord himself, about 20 years ago, to set up a My Deposits, insurance backed scheme account and then you get to “keep” the deposit. You gain back the control. I would wholeheartedly recommend it for next time!
insured, custodial… makes no difference. The T has a right to dispute the amount the LL returns through the scheme’s resolution service. If you refuse to pay the T what they’re owed if resolution goes the T’s way, you’ll have 10 days to pay it to the scheme or face court action.
Not quite sure what “control” you’re anticipating gaining back.
The fact they have used poor materials or poor workmanship that now needs repairs is a risk you took by not getting it done professionally not a reason to withhold part of the deposit for works you seem to admit you agreed to even if they failed to communicate exactly when they’d be doing it - unless tenancy agreement specifies they have to tell you that as part of your agreeing to works then I’m not sure there’s any breach but you could check with your landlord insurance as that likely includes legal cover
My commiserations. I recently had long term tenant with a seemingly pleasant family although the divorced father lacked any graces. They were doting parents of a newborn grandchild. My inventory changed overnight. New blinds were replaced with colour matched blinds, two sets of curtains, tie backs and hooks removed. New coat hanger removed. Non-slip bath mat and SS kitchen waste bin never seen again. My view is it’s their mindset to own the property the moment they move in. A set of stepping stones set in front garden I presume to help with pushchair etc. No requests were made and no apology was offered. I would call it theft and thick skinned. You don’t think people would be so brash and criminal but you can only trust people until you can’t. The father “everything will go unless it’s screwed to the wall”. There was a third party witness to this statement and for historical and reference purposes I will write up report with photographic evidence. There was also deliberate vandalism and theft from garage when they initially said they would look after contents. There is simply no gratitude or decency between landlords and tenant so prepare for the worst.
The kitchen flooring that was replaced and subsequently now damaged was not an item that was ever discussed with the tenant. Those messages are about the carpet. I was only made aware of the change when I visited for an inspection. Gaining written approval for any changes is indeed a clause in the agreement.
Why not get estimates for claim for full cost of putting back to how it was, for each change that wasnt authorised ?
Worth checking if you still have photos or videos used in original listing as these would likely show colours of walls, wallpaper, floors as advertised- although not proof of condition on move in day, taken together with tenants admission of changes made plus presumably record of conversation/email exchange of the original things you agreed (conditionally and then weren’t told when these would happen) that would maybe count for something -
We’ve started processing your claimed deposit amount of £X and we expect to setup the transfer to you within 1 working day.
I assume that this means they have not disputed the claim despite their intent during the brutal exchange I had with them when I raised the issue initially.
