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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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I rented my house out for 6 months, during that time there

Resolved Question:

I rented my house out for 6 months, during that time there were some problems with cracks combined with bad weather, which needed work. I approved and paid for all work, the longest I took to approve was three hours on same day.
At no point were any issues raised with damaged contents, the tenant gave notice at sixk months this was fine with me, on leaving the property they siad that it was a palace compared to where they were going. he then wrote to me a month later claiming for some damaged property including chopping boards! up to £165.98 and then added to this their costs for chossing to move £437. which included new tenancy fee, removal costs, and costs for their friedns travelleing from cornwall to help. i have obtained all the emails and information from the letting company who have confirmed I have done everyhing quickly the only delays were weather and when they denied access to the building as inconvenient. He has said if id do not transfer this money he will make aclaim in small claims court. while getting the information aftersending a holding letter he has written again now saying the cost will go up to at least £2000 quoting his sofas were damaged, however, in the letting agent information he has stated to them there is amrk but it is usable and can be wiped off. please can you advise me if he has a case.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you accept that any of this damage has been caused by the condition of the property?
Has he provided proof?

Please confirm that you did protect the deposit and give him details of the deposit scheme at the start of the tenancy.
Customer: replied 3 years ago.

I have no proof that any of this damage has been caused by the property, the letting agent feels there was a condensation issue, he had his full deposit back and everything was done through the appropriate schemes at the beginning, at no point did he raise any damage with me


during the tenancy

Expert:  Jo C. replied 3 years ago.
Sorry if I'm missing the point but what specific loss is he trying to claim?

What loss did this cause him?
Customer: replied 3 years ago.

£10 - 3 wooden chopping boards


££8 - wooden placemat and coaster set


£55.99 large bookcase with drawers


£22.99 small bookcase


£10 - 2 wooden picture frames


£55 - lounge curtains


 


agency new fee £270


cost of self drive van £90


diesel £16.18


petrol for friends to help £45


sack truck hire £15.80


 


however i did not give them notice had all of the works completed, never had any of this raised during the tenancy. I never had any complaints about speed for works.


The letting agent advised them on windows being opened etc all condesation avoidance techniques. I also had an existing bathroom fan replaced with a bigger one.


 

Expert:  Jo C. replied 3 years ago.
Yes, I understand that but did he actually do this work?
Customer: replied 3 years ago.


the work I had done was filling a couple of large cracks wholes under fascia, painting and weathershielding the whole property cost of approx £2k


 


i had all of the work competed on the property which I had managed by martin and Co. allof the above costs was a complte suprise a month after they left the property. the tenant did not have to do anything.

Expert:  Jo C. replied 3 years ago.
Thank you.

On the face of it, he does not have a case.

Obviously there were some issues in need of repair but you performed the repairs and you are actually entitled to a reasonable time to do so. You are not expected to perform miracles.

In any event, unless I am missing the point completely, he has not suffered loss. He did not do the work. Your disrepair does not appear to me to have caused the damage to his property.

In terms of his removal costs, I am at a loss to see why he thinks he can claim them from you. Even if the property were in a condition that was causing immediate risk to his health therefore justifying him leaving you would still not be liable for his removal costs because he would have needed to do that at some point anyway.

Unless there is a substantial amount more to this I really don't think you have anything to worry about.

Can I clarify anything for you?

Jo
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