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10 Tips for making a damage claim against a tenant By Simon Thompson |
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Landlords having a brush with a tenant over redecorating or repairing damage to their rental home when they move out are among the most common deposit protection disputes.
Adjudicators reckon around 20% of claims are for decorating and repairs – second only to cleaning.
To make a successful claim, landlords need to bear in mind some key points:
• Who says a repair or redecoration is needed? The best recommendation comes from an impartial, professional witness and not the landlord unless the damage is glaringly obvious
• Is there any evidence to show that the damage was caused during the tenancy?
• Does the landlord have a detailed inventory and photographs showing the condition of the property and any areas under dispute at the start and end of the tenancy?
• Does the landlord have any evidence to prove the original cost of the damaged item – like a dated receipt?
• Has the tenant signed the inventory and photographs to confirm they are a true and accurate record?
• Has the tenant offered to repair or replace the damaged item?
• Has the tenant disagreed with the landlord’s estimate of costs to put the damage right? If so, do the estimates come from an impartial professional?
• Did the tenant tell the landlord about the problem during the tenancy, for instance during a property inspection, so action could be taken to minimise the damage?
• Was the tenant aware that the cost of any damage or repairs might come from the deposit held on protection?
• Is the landlord’s claim reasonable and supported by independent costings?
One of the key points for adjudicators is a landlord or tenant should not be better or worse off at the end of a tenancy, so the claim must be fair and reasonable – and that includes any costing.
Landlords cannot claim fair wear-and-tear as damage against the tenant’s protected deposit. Fair wear-and-tear depends on the merits of each tenancy – for instance, a tenant with pets or young children is likely to cause more wear than a single pensioner.
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Landlords warned - prepare for more regulation |
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Landlords in England are being warned that they should prepare for more regulation after the government published a consultation.
The warning comes from Tim Miles who is a partner at law firm Clarke Willmott.
He says that the Government is cons |
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Research reveals that 2017’s rents fell in real terms |
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The rents being paid to landlords in all parts of the UK fell in real terms during 2017, research suggests.
The findings from HomeLet reveal that rents in November rose by 0.7%.
That's the 11th straight month that rent increases have fallen beh |
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Rents for the UK’s rental properties rise by 2.1% |
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The average rent for a buy to let property grew by 2.1% in the year to September, an index has revealed.
The figures from HomeLet show that the average rent now being paid is £927 every month.
For landlords in London, rents rose by 1.9% o |
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Landlords start exiting the buy to let sector |
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One leading firm of letting agents is warning that buy to let investors are beginning to exit the sector.
The warning comes from Belvoir who say that while the numbers of landlords leaving is not huge, there is a trend appearing.
The firm's chi |
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Landlord confidence takes a knock |
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Despite the prospect of high yields and profitability, a survey has revealed the landlord confidence around the UK has fallen.
The findings from BM Solutions looked at all the key indicators for the second quarter of 2017.
They say that the lev |
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Landlords 'don't know what tenants want' |
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Landlords in the private rental sector are out of touch with their tenant’s wants and needs, according to new research.
The findings from an online letting agent revealed that tenants are clear most often about what they want and t |
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