Disputes with Tenants
Many disputes with tenants can be dealt with quite seamlessly if landlords follow the legal requirements for giving notices of eviction and protecting tenancy deposits. Unfortunately, damage done by tenants is outside the landlord’s control, but there are means of being reimbursed for this.
Notice of Repossession
It is common for landlords trying to evict tenants to have their case thrown out of Court because the notice was invalid. It’s important to ensure all of the formalities are met, because having to start with a new notice period can be costly in terms of lost rent. It is advisable to have a solicitor draft the notice because it can save on costs long term.
Disputes about Damage
It’s also important for landlords to know where they stand when it comes to damage. Tenants cannot be charged for general wear and tear, but if the tenants cause damage the repair costs can be claimed back from them. You should take photos of the damage and keep records of costs for repairs. If the tenant refuses to pay or contests the cost of repairs, having this proof is useful. If you cannot recover the money from them, you can serve a section 8 notice seeking eviction. Their tenancy deposit would be used to cover the damage if a court order is granted to remove the tenant.
It’s a good idea for landlords to have an inventory of items to check when tenants move in and out. Dated photos of the property should be included. This means nothing is missed when assessing damage.
It’s also important that you have complied with tenancy deposit rules. It’s important to note that notices to evict tenants can be invalidated if the tenant’s deposit has not been adequately protected and that to make a deduction from the deposit you need to be able to prove that the damage was caused by the tenant. Your inventory and quotes for repairing damage will be invaluable here.
If you are landlord seeking advice on how to proceed in a dispute with a tenant, please contact us. We will look at the circumstances of the dispute and your tenancy to advise you about the best course of action. We can draft eviction notices and ensure all of the requirements are met. Our experience in dealing with landlord and tenant disputes will help you avoid costly delays in removing tenants. If it is a case of damage to a property, we can ensure you have sufficient proof of cause when claiming compensation for repairs or seeking eviction.
To talk to us about disputes with tenants, please call our Bayswater office on freephone 0800 524 4709 to make an appointment or fill in our contact form.
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