Kai how long have you been a landlord ?
Thank you for all the information. Very interesting
Yes. This happened to me. Iâve always had good tenants but one left flat in bad state with broken oven door etc. I stood my ground even when he threatened me. I was told he would have to take me to court over the matter. That would leave the money sitting in the DS which neither of us would have access to. Tenant didnât want that so agreed. But I showed in writing to him all the things I had not charged him fir & that if it came to court, I would be including those things. You need photos to prove it though. My experience is that you need to expect to pay for reasonable cleaning costs before new tenants move in out of your own pocket. But anything beyond that they should pay for. Tell them about the cleaning costs which you have not charged them if you honestly feel they left the place unreasonably dirty
No!!! Better to have the deposit! You do not have to agree to mediation. Usually, the tenet really wants their money back ASAP so if they know they did something or even have any doubts, they will most likely agree to settle.
I am a landlord and we take deposits but basically we only tend to deduct for unpaid rent or such like. Damages are always more difficult. If you have a decent relationship with your tenant usually you can negotiate with them so that a contribution towards damages is agreed (in writing) without involving the scheme. I think if you go for mediation unless it is very clear (eg unpaid rent), it is stacked against the landlord.
On one occasion however when my son was renting, the landlord didnât protect the deposit and refused to hand it back. We took him to court and although we got 3x the deposit the court did agree quite a few deductions. Much more than he was entitled to I think but the judge felt sorry for him. Nothing is certain! In our case going to court involved two hearings in Birmingham ( we live near London ) and what we got back just about covered those costs including a couple of good Birmingham curries but had a nice couple of days out with my son!!
nothing can compensate for the loss of time & the accumulated stress received from any Court case ever as all parties are always losers in reality even if one wins a court case one has still lost significantly.
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Quite, I agree that is generally the case.
Kai,
This is the way forward:- pick from it what you have done and can use and what you need to do in the future.
1 Use an independent Inventory Agent, for check in and check out as these reports are regarded as more reliable by any mediation service than a landlordâs (unless the landlord is very competent and comprehensive).
2 Always do four inspections in the first year and then you can gauge how many, perhaps twice or once a year thereafter.
3 Any damage should have photographic evidence
4 Do everything in writing with the tenant
5 If the tenant calls you , write back to confirm the request or acknowledgement where damage or repair is notified. In fact write (email) for any acknowledgement or notice to the tenant, it will pay in the long run and provide an evidence based trail for any mediator or court , should one be required
6 Compare the Independent check in report to the new photographic evidence showing photos from different angles of the damage.
7 Get professional quotes, in times of Covid, written estimates can be used if you send photos to the contractor and they use these as a basis of the works.
8 Most A.S.T have a condition that if the property is unable to be re- let due to tenant damage and repairs that need to be done, prior letting prevent new tenancy , the tenant may be charged lost rent, and other charges, which must be seen to be reasonable.
9 Show these to the tenant, they are indisputable. Agree a payment method.
10 If the tenant plays up, remind them you will pursue, it wouldnât hurt to remind them politely that should you be required to go to court this will show against they credit rating and that you will also claim costs. Despite Covid you have 6 years to pursue. However, I wouldnât recommend waiting that long!
11 You can use the DPS.TDS deposit mediation but remember they are and have been tenant biased.
12 The way to win with mediation or Court action (the latter which will take months) is to show you have been fair and reasonable, the property have been kept well maintained, you have all the necessary E/L and Gas certificates going back a min of three years, have full independent check in in, outs, contractor estimate/quotes and even the contractors written opinion to the cause and solution of the damage.
13 Furthermore, if the tenant is short of money that you have provided a payment plan, but always try to get all the money upfront as chasing payments can be a pain and expensive in time and money.
14 Remember, to review your A.S.T for the new tenant in case experience shows you need to add a fair and reasonable clause.
There are other things but this should get you on track, and keep all your receipts and mileage for your tax returns.
Hi, just popping into this thread to say that fees and charges like this would be of no effect even if included in tenancy agreements, because they are now prohibited by the Tenant Fees Act. Charging them could result in a ÂŁ5,000 fine for the landlord at the first offence.
Sam
Hi Sam,
Not sure if we are on the same page, if a tenant wrecks the place and you cannot let it until it is redressed , the court would decide in your favour for costs.
Do not worry ,
You have evidence , photographs and the old door etc.
The invoice from the fitter etc, bills for handles.
Calculate the costs for repairing the damages and make a claim to the DPS.
They can contest it and it goes to arbitration. You have your evidence photos before and after so its unlikely that you will lose.
You canât claim the cost of fitting the handle whilst they were there but you can claim it now.
It doesnât matter that it wasnât professionally fitted as if it was used for a period afterwards and did not break, of course had it broken they should have told you, if they didnât then its tough. Then theres an argument about did you inspect, but then again if it wasnât fitted properly then it would have broken straight away,
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