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Hi my tenant partner has caused so much damaged to my property.

Tenant did not left my...
Hi my tenant partner has caused so much damaged to my property. Tenant did not left my forward address. I have to chase her guarantor for all the damaged. My question is my wire to the satellite dish has been cut, can I sue her guarantor for satellite? Also tenant installed virgin cable box without tell me first. Tenant has no right to do that.
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Answered in 1 hour by:
7/9/2013
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,634
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi

Does the tenancy agreement specifically prohibit what the tenant has done?

Tom
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Customer reply replied 4 years ago

she has not respond to her email that I have sent her about a week ago. her deposit money is not enough. if she disgree then is it ok if - take them to court?

Customer reply replied 4 years ago

Hi the tenancy agreement say they must not cause any damaged to the property and leave the property how they find it at the beining of their tenant.

Hi

Have you put the deposit in a tenancy deposit scheme?

Does the tenant agree to your proposed deductions from the deposit question?

Tom
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Customer reply replied 4 years ago

I have sent her two email sayying that her deposit money is not enough for all the damaged caused in the property she has not responded at all.I will sent aletter to her guarantor to pay the damage or court.is that ok ?

Hi,

Have you actually registered the deposit with a tenancy deposit scheme?

Tom
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Customer reply replied 4 years ago

yes it in mydeposit schem.

Hi Dave

Thanks for your patience.

You need to first formally request the complete deduction from the tenant of the whole deposit. If they agree then you can deduct it all and will have to get in touch with the scheme.

If they do not respond then you need to get in touch with the scheme itself to advise them of what has happened and how to get your money out of it.

If it is the case that the tenant has clearly breached a term of the tenancy agreement and that damage has flowed directly from the breach then you will certainly be able to sue the tenant.

You can do this by www.moneyclaim.gov.uk , there is also some decent guidance notes on this site.

In terms of what you will be able to recover from the guarantor you will have to look at the guarantee to examine what exactly the guarantor has guaranteed. If they have only guaranteed the rent then you cannot sue them for the damage.

However, if they have guaranteed the performance of the whole of the obligations of the tenancy in the tenancy agreement then you can certainly sue them and you should copy them in to the letters that you send to the tenant at the preliminary stage before you actually issue proceedings against them both.



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 thank you. I have sent the tenant the breakdown down on how much have spent and told her will not return her deposit money. have got her deposit money in my account and have phoned the deposit scheme that will keep all her money. can i only take her guarantar to court or do also have to take the tenant to court?

Hi,

It's entirely up to you, you can take either or both.

Frankly, I would recommend taking both to court because if they cannot pay then you will have to apply for an attachment of earnings order which gives you a very small amount per week, so having this coming from two people is better than from one.

Please remember to rate my answer.

Tom
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Customer reply replied 4 years ago

two guarantor and tenant is that ok?

Yes, that's fine.

Please rate my answer now.

Tom
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,634
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer reply replied 4 years ago

Will rat you. what happen if her partner caused all the damaged?

Customer reply replied 4 years ago

What happen if tenant partner caused the damaged. the neighbour said that she saw tenant partner kocking my front garden walls down?

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Customer reply replied 4 years ago

tenant partner does not live dthere?

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Customer reply replied 4 years ago

the tenant never report to me the damaged front garden walls to me. Also on the last day tenant left before the bailiffs she sent me a email saying someone smashed the bedroom w window and she has report to the police and she said it was her partner who smashed the window.I have sent the receipt to the police but don't think he is going to pay. so tenant shoul pay? also can - sue tenant for the mould she left on my property walls?I had someone looking at my property mould and they said the mould was caused by tenant not open the windows.

Hi,

The tenant is responsible for the actions of persons they allow to enter during the tenancy. You can attempt to sue them.

The damp is more questionable, since you would have to produce evidence that the tenant caused it by not acting in a tenant-like manner in the way any reasonable tenant would.

Tom
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Customer reply replied 4 years ago

tenant put wet clother in the property with window close. I have got a report from surveyor shows the property need air window should be opened. is that ok?

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Customer reply replied 4 years ago

what aboutbcourt fee 175 pound and the bailiffs 110 pound should the tenant paid me for that?

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Customer reply replied 4 years ago

Hi Tom, will court accept no vat invoice or receipt big amount of £850?

Hi

As I have said already I have answered your question to the value of your deposit

Tom
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Thomas
Thomas
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