When renting out a property, as a landlord there are many important aspects that you must take into consideration and be aware of before you proceed. One of the things that you must take into consideration is what could happen to your property when is rented out, including “damages” or “fair wear and tear”. Therefore, it is important that you can differentiate between these two and know what steps you can take if your property is damaged and be prepared to deal with possible disputes with your tenants.
“Fair wear and tear” are signs of ageing that would appear in a property with time. This includes appliances that have broken down or stopped working due to daily usage, damage caused by extreme weather conditions, painting and redecorations, scratches, marks and discolouration on furniture and surfaces and wear on fabrics.
Damage, on the other hand, is caused by the tenant(s) on purpose, accidentally or by neglecting the normal function or usefulness of the property. Examples of damages caused by tenants are:
- Broken windows and toilet seats or smashed mirrors caused by the tenant
- Damage caused by a party
- Stains and cigarette burns on soft furnishing like carpets and rug
- Damage on property and items caused by pets such as urine on carpets
- Broken chairs, tables and bed frames
- Damaged electrical appliances from incorrect usage
- Missing door handles
- Holes or dents in the walls or ceilings
- Broken doors by forced entry into the property by the tenant
- Mould caused by inappropriate usage of ventilation systems or heating in the property
According to section 11 of the Landlords and Tenants Act 1985, which informs about the issues of repairs and damages, it says that “Make good any damage to the property caused by the behaviour or negligence of the tenant, members of his/her household or any other person lawfully visiting or living in the property”. This statement states that tenants would be responsible for repairing any damages that they have caused to your property. Alternatively, if they cannot repair the damage, they should inform you of any damage and ask you to provide them with a tradesman of your choice for them to be able to adjust the situation according to your standards.
If after having performed a routine inspection in your property, you find out that the damage was not repaired or you are not satisfied with the conditions of the state of repairs, you can lawfully evict your tenants for breach of contract under Section 8 schedule 2 of the Housing Act 1988, for failing to adhere to the terms that state their responsibility of repairing any damages that they have caused in your property.
When it comes to damages, you can claim the cost of the damages against your tenants, by using the tenancy deposit as a means of recovering all the cost of repairs. (As a landlord, you are legally responsible for securing your tenant’s deposits through a deposit protection scheme)
Nevertheless, if the tenant(s) denies the damages that you are claiming against them, you must be able to prove to the tenancy deposit scheme that the tenant caused the damage. This is the reason why having an inventory report will be particularly useful. At the end of the tenancy, after performing inspections and made appropriate repairs to the damages caused by your tenants, it is important that you also keep any receipts of repairs to damages, as your tenants have the rights to see these costs, in case they want to dispute any costs with you.
An inventory report will help you to detail anything that is contained in the property that you are renting out, such as furniture, appliances and fabrics and appropriately describe the conditions of all the items and furniture by also attaching pictures before the tenants move into your property. In order, for this to be efficient, the inventory will have to be done before the tenants move into the property and they must be given a copy at the beginning of the tenancy as they must also acknowledge the document and sign it. This procedure will allow you to track any damages that your tenants may have caused to your property.
In addition, you will also be able to compare the property conditions before the tenants moved in and after they have moved out of your property so that you can prove to the tenancy protection scheme the damages that the tenant may have caused. The tenancy deposit scheme would have the final say on your claim against your tenants and after they have decided, you won’t be able to challenge it, either take it court.
In case the damages that have occurred to your property amounts to a bigger amount and can’t be entirely covered by the amount in the deposit protection scheme, you can apply online on the government website, to a county court and file a claim for a larger amount of money, to cover the cost of your property repairs.
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