tenant deposit damage to floor dog

[steven3367]

i rented the house out for a 6 month period someone with a dog before he left i inspected the property and noticed damaged wood floor, wallpaper had been ripped and the stair carpet was a mess, also the room spelt strongly off dog urine where it had been ****ing on the wooden floorboards he agreed to repair the damage before he left,

 

i returned a couple of weeks later and he had attempted to repair the damage the wallpaper was fine but the stair carpet hadn't been touched and the wood floor had been attempted but it meant 3 floorboards where a different colour, i told him it would have to be done professionally as it had made the floor look worse and asked him if he wanted to get the bloke in or should i, he said go ahead.

 

I arranged for the man to come round and price the job, the tenant moved out on fri morning and i rang him to see if he was now out of the property and if it was okay for the man to come and do the floor, he said it was fine. The estate agent phoned me this morning and said the tenant wasn't happy because i had the floor repaired before he had agreed to it (which he had) and he hoped it wasn't coming out of the deposit as he expected it all back and he woulod take me to court if i don't give in, i pointed out the fact he had agreed and he had also smashed a chair and not cleaned the stair carpet and asked how did he know i had the floor repaired.

 

The estate agent said that the tenant had returned to the house on the fri night and seen that it was getting repaired, I called into the house sat morning when the floor was getting the last coat of varnish on it this was before the above phone calls, after work i called in to see if the floor had dried and there is footprints in the varnish, someone was seen entering the property today at 11.20 and taking a photo of the floor i can only take it that it is the tenant.

 

Am i in the right to take the cost of repair from his deposit. it is in the relevant deposit scheme. I wasnt even to charge him for the damage to the table but i might now,

Edited June 1, 2013 by citizenB
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[mariner51]

Did T give valid written NTQ, when did it expire? or what date was agreed for T to vacate?

When was remedial work, esp floor, commenced, before or after T had vacated? sfter formal move-out inspection?

If T had relinquished property, why does he still app have a set of keys?

If he had a dog with your permission, why did you not take a non-refundable pet deposit for prof carpet clean etc?

 

Yes, you can claim for T related damage from deposit. Lodge a claim with DPS ADR or via SCC and hope your move-in/out inspections were thorough eg stained carpets (due to dog wee etc) Adj will decide on how much to award to you.

[steven3367]

thanks annoys me that he agreed to the work then is saying he didn't

[raydetinu]

If tenant has not returned keys, then tenancy has not ended and he is liable for rent!!

Yes take all repair costs from deposit, that is fair. Does not matter if he agreed or not.

photos always a good idea of any damage for later dispute.

[steven3367]

the tenant is demanding all his deposit back i offered to go to the deposit scheme tribunal and gave him the rest of his deposit back minus the floor repair he has refused and states he is suing me through the courts, i am now getting the floor guy back to give me a price for getting rid of the footprints on it that he left when he entered the property on the sat. i also contacted the police and they said it was a grey matter but not worth perusing about trespass on him entering the property after the tenancy agreement ended. can hew sue or does he need to go through the tribunal?

[raydetinu]

If tenant still has a set of keys, suggest you change the locks.

No he does not have to go through the ADR system, he can go to court, but must follow CPR.

If you have made an offer, please do it writing/email so it can be used in evidence.

If it does go to court, you can counter claim for the subsequent damage etc. and of course for the repairs.

[steven3367]

whats cpr

[raydetinu]

Court procedure rules; i.e. he must send you a notice ( LBA ) that if you don't settle or pay him what he wants within a certain time frame he will take you to court.

Failure to do so may prejudice his action but not always, depends on judge.

LBA - letter before action.

[steven3367]

started the dispute via the deposit scheme i am now claiming the full amount due to him threatening me with court action i have now included the extra damage he did when he returned to the property after his agreement ended and i was going to let the sate of the carpets go but know im claiming a percentage due to wear and tear for cleaning them. what started off as him getting some off his bond back has now ended up with him possibly getting nothing i have also reported him to the police for reentering the property and causing damage after the end of his agreement and have a crime number if it goes to court. it make me sad that i was trying to do him a favor by letting him off with some off the damage and he returns the favor by threatening me with court action. How long have i got till he has to file a action against me and if he ignores the deposit scheme.

[raydetinu]

No time limit on court action as far as I am aware, but judge may something to say if he leaves too long.

[Batfink]

He has six years to file a claim with the County Court.