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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi, Tenant Negotiate My Property. Has not report the damaged

Resolved Question:

Hi, Tenant Negotiate My Property. Has not report the damaged to me. Who should pay?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 1 year ago.

Hello, on the 12/11/12 my wall on top on the left hand side was half damage 5 bricks fallen off and on the right hand wall on the top three brick was pushed forward. Tenant did not report to me the damaged.


 


On the 20/11/2012 The right hand side three brick was fixed.


 


On the 20/12/2012 on the left hand side there were 10 bricks fallen off I had property inspection and I told the tenant why have you not reported the damaged to the walls. Tenant said it was the bin man.


 


On the 26/04/2013 on the left hand side the half the wall fallen off and the gate wood can off.


 


Today I was shocked to see the whole of my walls fallen off the is go. No Gate. Tenant has not report the damaged. I call the tenant but she want pick the phone up, sent the text message no respond. Tenant going to be evicted out on the 20/06/2013.


 


Who should pay?


 


 

Expert:  Joshua replied 1 year ago.
Do you suspect the tenant or one of her visitors is responsible for the damage please or do you believe her story that it is the bin man?
Customer: replied 1 year ago.

hello, no I don't believe it the bin man. I believe her partner has damaged my walls because he has damaged my front door,in May, the neighbour told me and I also saw him in my property when I fixed the Lock in my shed. I believe it something to do with her now she going to be evicted out on the 20.06.2013 she know that she has lost all her deposit money so she or her partner cause the damage to my property.

Expert:  Joshua replied 1 year ago.
Thank you. If the tenant has made an allegation against the rubbish collectors you may wish to consider contacting the council to advise them of her claims. They will investigate and give you a formal response no doubt confirming that their men were not responsible. It sounds very unlikely as you say because they collect in groups so his colleagues may well witness such an act if it was carried out.

The tenant is liable for any damage they or their visitors or agents cause to the property. Providing you have a properly prepared inventory for the property then you will have a claim for the cost of repair of the wall and in deed any other damage that has been caused. The tenant can dispute any damage you charge her for if she claims it was not her or her visitors that damaged it but if you contact the council as above you will have their statement and the neighbours statement (if they are prepared to give one) that show that it was not likely to be the bin man as she claims. You are only required to show on the balance of probability that it was her or her visitors that were responsible so the test is not overly burdensome.

You would have a claim against her deposit for any damage caused as above.

Is there anything above I can clarify for you?
Customer: replied 1 year ago.

Have got a good check in inventorya. nd know am going to do check out inventory. The tenant deposit money is not going to be enough because her partner damaged my front door and aso the court fee.- sup?ose I will have to tAke tenant to court for the walls?

Expert:  Joshua replied 1 year ago.
If the deposit is insufficient then in deed you will need to consider a small claims court claim for the balance. As above ensure your inventory is comprehensive as this is going to be your principal evidence on which you rely. pictures can be helpful. Ideally you will use a professional inventory clerk but if you do it yourself ensure it is a comprehensive report.

The simplest way to issue proceedings is using the courts online issuing service.

https://www.moneyclaim.gov.uk/

Is there anything else I can help you with on the above?
Customer: replied 1 year ago.

Have got a good inventory. what happy tenant leave me her forward address? cn't believe how someone could knock my wall. since this tenant moved in that when the damaged happen. she has not respond to my email or text.

Expert:  Joshua replied 1 year ago.
For the purposes of court proceedings it is satisfactory to serve papers on her at her last known address. This may be the property address even if she has moved out. If you are then forced to enforce against her you may need to employ a tracing agent to track her down. They are very good at tracking down debtors.
Customer: replied 1 year ago.

findmonkey are good. also tenant got a two guarantor also sent them email yesterday about the walls they have not responded to me. can also sue the guarantor and tenant all in one claim?

Expert:  Joshua replied 1 year ago.
In that case providing the guarantors are responsible for all liabilities under the tenancy you can issue proceedings against one or both of the guarantors along side. You should first contact them though tho give them an opportunity to pay warning that you will be issuing proceedings within 10 working days if they do not reply without further reference to them.
Customer: replied 1 year ago.

Sorry I did not get back to you soon, my phone go off. What happen if the tenant tell to the Judge she was not in the property when it happen? Also should't she report the damaged to the walls? I took all the photo of my wall two in Nov, Dec and April. I told her about the wall when I carried out a property inspection in 20/12/12, otherwise she would not report it to me.

Expert:  Joshua replied 1 year ago.
No problem. That would not matter. If the damage was caused by one of her visitors then she is liable for the same.

The tenancy agreement will usually provide that she should report damage to the landlord within a certain period of time but this is not material to the damages you can claim either way.
Customer: replied 1 year ago.

My inventory shows a photo of walls, and door and gate. The gate is go now, who going to pay for the gate? Tenant has not looked after my property. What kind of statement does mydeposit required? neighbour name and their property address?

Expert:  Joshua replied 1 year ago.
If the tenant or tenants visitors removed it the tenant is liable. Unless she can show that it was stolen by persons unknown she is liable - if it was then presumably she will have a police report.

A statement given by a neighbour will be accepted as evidence. Ideally the neighbour will sign saying "I believe the facts given in this my statement are true"
Customer: replied 1 year ago.

So the tenant will have to pay for the gate? Does the number also have to put their home address on the statement? Will mydeposit scheme contact them? I don't think the night might not want to put they home address on the statement in case the tenant might damaged their property.

Expert:  Joshua replied 1 year ago.
Unless she can show it was stolen as above yes. She would need to show that she reported the matter to the police to be able to demonstrate this which presumably she did not.

The deposit service will not contact anyone. It is up to the landlord to submit any evidence they wish to rely on to them.
Customer: replied 1 year ago.

So I can claim for the gate? How many letters do I have to write to tenant guarantors? Should write to the tenant first and she does not respond then then write to her guarantors? Can I take all three of them to court?

Expert:  Joshua replied 1 year ago.
based on what you say, you can claim for the gate is you have clear evidence that it was there when the tenant took up occupation. If I were you, I would consider writing to all the guarantors together if they are all jointly liable for the tenants liabilities and if you are forced to go to court, you can issue proceedings against all of them as joint defendants. This minimises the number of times you potentially would have to go to court
Customer: replied 1 year ago.

The gate is on the inventory. What happen if tenant say that her visitors did not cause the damaged? The judge will not accept statement in court? They will accept witness? Don't I need strong evidence? or will a good check in and check out inventory do? I be honest with you this is my second tenant and no one damaged the front door or walls. After my first tenant left the property was left on it own for three months and no one touch? when this tenant can along the door, the walls.

Expert:  Joshua replied 1 year ago.
You have proof it was there. Now it is now. If she wishes to claim it was stolen by someone else the court will expect evidence to support this. If she did not make a police report on the matter then her story is incredible and will likely be treated as such by a court.
Customer: replied 1 year ago.

I wanted to carry out a property inspection in October and my tenant sent me email saying,




I am currently not staying at the property for due to Domestic Violence, My ex partner has a warrent for his arrest after breach of Non Molestation Order.


For my own safety i can not stay there at the moment, advised by police. So unfortunately, you will not be able to inspect the house why i am not there. I am unable to give you a date at present. I am currently speaking with Solicitors about this.

I phoned the Police and told them if it was true. Because when the door got damaged she has report to the Police because I find out by a neighbour that her partner damaged the door, but the Police let him go because tenant said she was not in the property when the door got damaged. My neighbour said she was in the property. So I phoned the Police told them if it was true that you told her that she can't stay in my property and her partner can't visit her in my property. The Police said no, we did not say that, we had to let her partner go because we did not had no evidence. Then the Police told me get it out of her deposit money for the damaged to your door.

What happen if she say that she is in Domestic Violence, what proof does she need?


 

Expert:  Joshua replied 1 year ago.
If it is domestic violence she is still liable to you for the door because it was someone known to her that carried out the damage or theft of the same.
Customer: replied 1 year ago.

Do you thing the inventory is enough to win the walls in court? Will the court accept statement?

Expert:  Joshua replied 1 year ago.
Yes providing it is comprehensively prepared an inventory is the landlords principal piece of evidence in claims for disrepair.
Customer: replied 1 year ago.

disrepair means that she has not report the damaged to me?

Expert:  Joshua replied 1 year ago.
It is any damage (or theft) that has been carried out by her or her guests whether or not it was reported to you.

Does the above answer all your questions or is there anything I can clarify or help you with any further?
Customer: replied 1 year ago.

can I show the Judge all the other photo I took?


 


On the 12/11/12 my wall on top on the left hand side was half damage 5 bricks fallen off and on the right hand wall on the top three brick was pushed forward. Tenant did not report to me the damaged.


 


 


 


On the 20/11/2012 The right hand side three brick was fixed.


 


 


 


On the 20/12/2012 on the left hand side there were 10 bricks fallen off I


 


 


 


On the 26/04/2013 on the left hand side the half the wall fallen off and the gate wood can off.


 


On the 09/06/2013 the whole of my walls has been knocked down.


 


Or Just the inventory will do?


 


 

Expert:  Joshua replied 1 year ago.
Re photo - yes of course. All you need show is your inventory showing condition of the property when she moved in and an inventory showing the condition of the property when she moved out. That should be sufficient to establish a case against the tenant
Customer: replied 1 year ago.

What happen if the tenant say that she has not be living in my property and she did not know that the wall was knocked down? she has been paying her rent on time. The neighbour said it was about four weeks the whole of the walls knocked down. I need to speak to other neighbour when tenant will be evicted out my property next week.

Expert:  Joshua replied 1 year ago.
The tenant can be liable if she moves out of the property for periods in excess of 14 days for damage caused as a result of that non occupation as many tenancy agreements contain a provision not to leave the property vacant for more than 14 days in a row.
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Yes, that is true it say on the tenancy agreement. Thank you for your help. You have gave me hope. I will take all three of them to court.


 


Thank you and if I need more help, I hope it will be you I will speak again.

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