One of the risks of being a landlord is that your property might get damaged by tenants, either accidentally or through irresponsible behaviour. There are steps landlords can take to limit the financial impact of property damage, such as taking out insurance cover and requesting a security deposit from tenants before they move into the property.
You can also reduce the likelihood of tenant damages by thoroughly screening prospective tenants. If you are renting out property in areas like Canada Water and London Bridge, there will usually be a large pool of interested tenants, meaning you can be selective and find responsible tenants who are less likely to cause damage to your property.
Property damage in rental properties is usually discovered either during inspections or when a tenant moves out, unless a tenant reports an issue themselves. If you are wondering what you can do if a tenant has damaged your property in south east London, here is an overview of your options for different scenarios.
Being a landlord in London can be confusing. There are over 170 Acts & Regulations to consider, so, how do you know if you are compliant?
Property damage differs from normal wear and tear, so it is important to understand what qualifies as property damage. Damage caused by normal wear and tear includes minor carpet wear and small amounts of damage such as loosened door and window handles caused by everyday use. The cost to repair wear and tear cannot be charged to the tenants.
Property damage caused by tenants refers to damages that have been caused by negligence or accidents that were avoidable. For example, stains on carpets, large holes in walls and pet scratches are classed as tenant-caused damage (worse if done so when keeping a pet without permission) and costs can be recovered through the tenants. The tenancy agreement should reference that the tenant is responsible for repairs and replacement of items that have been damaged.
Here are the steps you should take if you discover damage to your rental property:
If you spot property damage, do a complete inspection of the property to look for any other signs of damage. Take photos and videos of all damage, using different angles and a combination of close-up images and photos taken from further away to show the detail and extent of the damage. Make notes about the details of the damage.
Locate the inventory that you created when the tenant moved in, along with the original photos and videos you took at the time. Check the areas where you have identified damage to check that it was not pre-existing damage.
How you contact the tenant will depend on the scenario of you discovering the damage. If it is identified during an inspection, and the tenant is present, you might want to discuss the issue with them. However, it is still important to follow this up in writing, with evidence provided in the communication.
If the tenant is not present or you identify the damage after the tenant has moved out, contact the tenant in writing to raise the issue. Sending an email will ensure that you have an electronic paper trail in case you need it to support legal action.
In your email, outline the purpose of your communication and explain the damage you have found. Provide evidence by attaching photos or videos and refer to the tenancy agreement clause that states that they are responsible for paying for damage to the property that is beyond wear and tear.
Provide them with the opportunity to arrange for repairs or replacement of items and advise that the alternative option is that the repair costs will be deducted from the deposit.
Give the tenant adequate time to respond to your communication. If they agree to arrange the repairs themselves, you should inspect the property again once the work is completed to check the quality of repairs is acceptable.
If the tenant disputes that they have caused the damage, you may need to use the dispute resolution service provided through the tenancy deposit scheme. If the deposit does not cover the cost of the repairs, there is the option to go through the small claims court to try and recover the costs.
Documenting the property damage in as much detail as possible will give you a stronger case if you do need to go through legal proceedings or use the dispute resolution service. When you are documenting damage, take plenty of photos and videos to give a clear visual of the damage that has been caused.
Make sure that there is good lighting and use the optimal photo settings if you are using your phone to take the images. Also, take a range of photo angles and wide shots as well as close-ups to capture the detail. It is also helpful to use an item for scale, such as a ruler.
When recording notes about the property damage, include the date you have inspected the property and write detailed descriptions of the damage, including the location and the possible causes. Also, include how the damage was discovered i.e. during an inspection or doing an end of tenancy inspection.
Include the original images and photos taken for the start of tenancy inventory, highlighting the differences in the condition.
If you have been unable to recover the full cost of repairs or replacement of items from the tenant, landlords may be able to claim for the costs through their landlord insurance. Contact your insurance provider or check your insurance policy details to determine what is covered and whether you will be able to submit a claim.
There may be an excess to pay, and some types of damage may not be covered under the insurance, so the first route to go down should be asking the tenant to pay for the damage repairs or to deduct the costs from their deposit, if it covers the costs. Typically, landlord insurance will cover accidental damage and does not cover damage caused intentionally but the cover varies.
If the landlord and tenant are in agreement that the damage costs can be deducted from the deposit, the landlord should provide the tenant with a copy of the invoice for repairs or receipt for replacement item. The tenant’s agreement to the deposit deduction should be obtained in writing.
The landlord can then initiate the return of any remaining deposit to the tenant and transfer the damage costs to their account.
In the scenario where the tenant does not agree that they are responsible for repairs, for example, if they maintain that the damage was pre-existing, the case can be reviewed by the tenancy deposit resolution service. The landlord will upload all the evidence that they have gathered and a decision will be made regarding whether the deposit can be withheld and how much money can be deducted.
Yes, it is possible to evict a tenant for damaging property as this would constitute a breach of the tenancy. To follow the correct legal procedure, the landlord would need to give the tenant the opportunity to rectify the damage before they can start the eviction process.
If the tenant does not arrange the repairs, the landlord can proceed with an eviction by serving a Section 8 eviction notice, citing the reason for the eviction. Usually, eviction would be a last resort as it can involve a court hearing if the tenant does not leave the property when the eviction notice is served.
Yes, landlords can sue a tenant if the other options have not been successful in recovering costs. If the damage costs are less than £10,000, the landlord can use the small claims court to sue the tenant.
Resolving tenant damage disputes can be stressful but landlords can use letting agents to complete check-in and check-out inventories and regular inspections to identify damage and handle the tenant communications.
If you are a landlord with property in Borough, Vauxhall or Surrey Quays, we can help navigate tenancy issues like including damage caused by tenants or whether to sell a tenanted property. Contact our team to find out more about our services.
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Lee Whitelock
Director
Being a landlord in London can be confusing. How do you make sure you are compliant?