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Hi. The tenant has gone. She left the keys by 5pm as we requested.

Hi. The tenant has...
Hi. The tenant has gone. She left the keys by 5pm as we requested. Some items that were on the inventory are missing and she had cats on the property which she did not ask permission for. Since she has gone we have found that they have damaged two window blinds and the wallpaper in 3 rooms. My insurance have said they will not pay out as the cats should not have been there. Can I take her to court
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Answered in 3 minutes by:
5/30/2013
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,636
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi

Thanks for your patience.

If the tenancy agreement stated that there should be no pets/cats and the tenant had them there then it’s a breach of contract. Therefore, you can claim for the direct loss that you have suffered as a result of the breach. This would include the wallpaper and window blinds if it is obvious that the cat caused the damage.

You can attempt to deduct such costs from the deposit and go through the dispute protection service run by the deposit scheme in which you have lodged the deposit.

If you did not take the deposit or the deposit has been returned without noticing the damge then you would have to sue the tenant in the small claims court. You can use www.moneyclaim.gov.uk for this.


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
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Customer reply replied 4 years ago

Hi Tom


 


It was agreed that she could have a dog. The cats were her sons which she admitted in an email when she was asked to remove them. We have no bond left as she did not pay her last months rent and the cost of gardening and some other repairs and cleaning have had to be done. She did not dispute the missing items on the inventory when she moved in and the letting agent has pictures. The agent has said the court will say that my insurance should pay out. The insurance have said no as the cats should not have been in. The scratch marks are clearly visible on the walls and the blinds

Hi,

I would say that the cats were still unauthorised on the basis that they were not specifically authorised in addition to the dog.

If the insurance is on the basis that there should be no cats then you should still be able to claim it at court. However, you need written confirmation that having cats has invalidated claiming under the policy from the insurance company.

Contact them in writing and if confimed in reply you can use this as evidence at Court for why you cannot claim.

Please remember to rate my answer.

Kind regards,
Tom
Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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