Check out the new websites that we will be moving to soon - [England](https://england.landlordsguild.com) or [Wales](https://wales.landlordsguild.com)
Check out the new websites that we will be moving to soon - [England](https://england.landlordsguild.com) or [Wales](https://wales.landlordsguild.com)
powered by bulletin

Question

Ending a Tenancy (England) | England | Tenant Moves Out (England)

Company let damages to rental property and rent arrears how to deal with case

20 Dec 2021 | 2 comments

I had a company let my one bed flat for just over three years. They had been found by a letting agent. The paid no deposit paid.

I did not agree with the notice they gave as two months required under the tenancy agreement. They did not give me the keys back but left them with a key box attached to the property. I made it clear i was not accepting the property back as the required notice had not been given. When the notice period was up I informed them of the date and time the inventory will take place. They did not attend.  I have email a copy of the inventory to them with no comments back.

I have downloaded your court protocol document but it does not seem to fully apply to my case. Could you please provide some direction on how i should approach the case.

I have written several letter to the company on the rent arrears and damages but not broken down the details of the amount of damages I wish to claim. Its been about 15 months since they have left the property.

Some items/fixtures on the original inventory have been removed property. Other items where damaged beyond repair, such as a fold down table which i have now removed from the property. Can i claim for its being damaged and the removal costs if I no longer have the original invoice for it?

I am being chased for Council tax for the period when the company was still contractually liable. This is now at the council tax tribunal stage.

Could you also please advice on how I could find out from the police how many times they called at my flats with regards to the various company tenants and caused damages to the flat entrance door. I know they attend from the leasees up stairs and I have photos of the damage to the flat front door. The flat entrance door was a FD30 door. The company left the flat with an internal fire door which is thinner. The thinner door could cannot fit a mortise lock which as on the original flat entrance door. They have disputed the need for the change of door. I have had the door changed but not straight after taking back the flat. It took time for the door to be renewed with the new tenants to gain access and for the date to be suitable for the contractor.

Could you let me know what legislation will apply for my claim for damages and rent arrears?

Please also give direction on how to do a claim for the above costs outstanding in relation to applying again a company.

Thank you for your assistance.

regards,

Katherine

Answer

2 Comments

  1. guildy

    Our small claims guidance will always need amending for your own specific circumstances and is suitable for a company letting, although we accept it’s primarily designed for individuals.

    In the initial pre-action letter, you will need to outline each and every individual item, including the rent owing and each item from the inventory being claimed.

    Claiming for damage and repairs can be difficult because the tenant is entitled to fair wear and tear. For example, using the table you mentioned, you will need to assess the value based upon the condition it was when they moved in less fair wear and tear when they left. This can be very tricky but, see this article for more information.

    We believe you will be entitled to claim the cost of the new door if the one they put back was not an FD30 or better.

    We don’t know of any way to obtain police records.

    No legislation applies as such. Your entitlement is based upon the terms of the tenancy agreement.

    Please follow the guidance as linked at the top of this reply for making the claim (which it seems you have already visited from what you describe).

    One final thought, because it’s been sometime since they left, it might be worth checking the company still exists before spending any more time, which you can find here.

  2. Scottkat

    Thank you for your comments and guidance. I will let you know how the case goes.

    Best regards
    ,

    Katherine

Submit a Comment

View your previously asked questions. (Will only show questions from August 2020)

(Link above back to topic only works for questions added after end of August 2020)