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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9324
Experience:  I have been practising for 30 years.
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I had a tenant in a very exclusive small apartment in London

Resolved Question:

I had a tenant in a very exclusive small apartment in London who admitted to the managing agents that she had dragged a leaking rubbish bag through the communal area the carpet has been cleaned to no avail and needs replacing the carpet was new two years ago. We still have her deposit which is held by TDS she has gone back to China although the managing agents are in touch with her by email she also damaged some things internally within the flat but is now refusing to have her deposit reduced by amount of carpet replacement. The other residents (11) naturally want the carpet replaced they say I am responsible and should pay but I have said they should claim on the buildings insurance am I liable for my tenants damage
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

You are not liable for this in negligence. You are not responsible for the actions of a third party.

However, you could well be liable under the terms of the lease because it was your tenant and you allowed this to happen.

With regard to the tenants dispute over the deposit, if the TDS will not agree to deduct the carpet cost, then you are faced with taking the tenant to court which you can do in the United Kingdom you would then need to enforce any judgement you receive which is not going to be practical in China.

They can claim on the buildings insurance if it covers the carpet but they don’t have to if they don’t want to. They can take you to court and let the court decide the issue if they prefer.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 10 months ago.
In your first sentence you state I am not liable then you state the residents and or managing agents can take me to court which is it?
Customer: replied 10 months ago.
as above
Expert:  F E Smith replied 10 months ago.

I said in my first sentence that you were not liable in negligence.

I then said that you would potentially be liable under the terms of the lease.

Being liable under the terms of the lease is one thing, being liable in negligence is another.

Customer: replied 10 months ago.
OK I have checked the lease and it says nothing to cover this issue can I assume under these circumstances I am not liable?
and the cost will come out of service charge/block insurance?
Customer: replied 10 months ago.
See above
Expert:  F E Smith replied 10 months ago.

It would be very unusual for release not to say that the leaseholder must not cause or allow to be caused, nuisance.

If it doesn’t, then you have no responsibility to the freeholder and it’s up to them to take action against your tenant.

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