Deposits and Tenancy Deposit Schemes (England) | Entry and Refusal (England) | Nuisance and Anti-social Behaviour (England) | Tenant Obligations (England)

compensation for damage

27 Mar 2018 | 1 comment

My two tenants have left, leaving their keys. One gave me an email a few weeks before he left, stating the date he is leaving, and the time of 23.59. Although he was only renting a room, not a whole apartment, he wrote in the same email that I am not allowed to go to the apartment unless I have his permission, and that it is illegal to enter his room. I should have read between the lines and realised he was trying to hide something. He has ruined my very valuable mattress, which is so stained, it is unacceptable to a new tenant.

Should I simply go to the online small claims court for compensation ? Or a S.8 notice ? There are no arrears of rent, it is just the damage.

I am disturbed reading the questions tonight, a question on the deposit protection scheme, even though the tenant has left and has received the deposit back. Can such a tenant go to court and claim 3 times the deposit because it was not kept under the scheme ? It is like tit for tat.


1 Comment

  1. guildy

    If there’s no deposit to make the deduction from, you could go the small claims route although this can be time-consuming with no guarantee that you will actually get paid. You would need to deduct for fair wear and tear.

    If you’re providing a bed, perhaps get a cheap mattress this time for any new tenant.

    A section 8 is not possible because they’re no longer tenants.

    Guidance for the small claims procedure is available here.

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