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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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We rent out a house for which a professional inventory was

Customer Question

We rent out a house for which a professional inventory was carried out.
The tenants own a very large dog which badly scratched the large Oak Floor in the lounge.
The American tenants asked for my help in getting estimates to repair the floor before the tenancy finished.
The tenants are neighbours also and unavoidably we have become "friends".
A flooring company was chosen for
1. Repair part of the floor which was damaged before they moved in. I have paid for this because the repair is satisfactory.
2. To re-sand the floor to remove the scratches & polish the floor; estimate for this was sent to the tenant by the company.
The scratches have been removed but the sanding has left "waves" & grooves.
The company has returned to improve the issues, but it is still not good.
The tenants are leaving tomorrow, with the floor still imperfect and have no time to rectify it.
We will now have to deal with the situation.
They have offered to give me the money to pay the flooring company if they can improve it to our satisfaction.
Should we as landlords and owners of the property take the money from the tenants to pay the flooring company ?
Does this make us then responsible for the repair of the flooring ?
If the flooring company is unable to improve the floor to the standard it was at check-in, what should we do?
The professional inventory clerk is attending tomorrow for their check-out.
The tenants feel the floor is as good as it was when they moved in 3 years ago.
Please advise as to where we stand legally with this issue.

Many thanks

Dr Graham Emery.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

You are the landlords, your tenants are leaving and wiling to give you sufficient money (as estimated by the flooring company) to repair the remaining damage caused by their dog. You do no to have to use that money to repair the floor. This is money to compensate you for the cost of carrying out repairs but you are under no legal obligation to actually carry out the work. I think this is what you were asking but if I have misunderstood then please let me know.

JACUSTOMER-0t1r5m3s- :

Hello, The tenants are willing to pay for the present flooring company, but if we need to find another company or even replace the flooring, this amount will not cover these costs.

LondonlawyerJ :

I see. I think the position then is that if the amount offered turns out to be insufficient to repair the damage then you may be able to look to them for further money but only to the extent necessary. Replacing the whole floor could well be a step too far in that respect. Also if the amount they pay is agreed to be in final settlement for the damage you would not be able to do this.

JACUSTOMER-0t1r5m3s- :

Thank you. We do not wish to settle the account ourselves as the damage was their responsibility. What happens if the tenants fail to pay the bill ? Are we liable for it as we originally helped to find a company even though the estimate was sent & addressed to the tenant ?

LondonlawyerJ :

You will be liable to the company who carry out the work if you contract with them to do work but may well have a claim for an indemnity from the old tenants.

JACUSTOMER-0t1r5m3s- :

We did not have a contract with the flooring company to sand down the scratches. This was down to then tenants as shown in the inventory & their contract which states they have to return the property in the state it was in when they checked in, subject to fair wear & tear.

JACUSTOMER-0t1r5m3s- :

Hello, did you get my last answer & questions ?

LondonlawyerJ :

If you asked them to do the work and they did it for money then you had a contract with them.

LondonlawyerJ :

The other point I think is dealt with above. I will be in meetings for the rest of this afternoon but will look her again this evening.

JACUSTOMER-0t1r5m3s- :

The flooring company did a separate estimate for me to repair a cracked floorboard & another estimate addressed to the tenant for the rest of the work.

LondonlawyerJ :

Sorry. I am not sure at you are asking with that last point.

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