Tenant refuses to pay for damage...
Tenant refuses to pay for damage...
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Discussion

Rich_AR

Original Poster:

1,998 posts

233 months

Friday 9th October 2009
quotequote all
A recent tenant has moved out of my apartment, but there is another person who they shared with and found someone else to take up the rest of the contract.

However, the other tenant claims that certain things were broken and not cleaned by this tenant. I raised the issue and deducted the bond accordingly (and I was very reasonable) .

They have now turned around and said they refuse to accept any of the damage nor to replace the broken stuff. To top it off, they've informed me that if i do not pay in 7 days, they will send 'daddies' debt collector friends around to collect.

I've replied, informing them of the contract and points that state replacement/repair/cleaning of things.

Is this little punk trying it on with me or what?


anonymous-user

83 months

Friday 9th October 2009
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Sounds like they are trying it on! serve them there notice and get new tenants!

UpTheIron

4,058 posts

297 months

Friday 9th October 2009
quotequote all
Rich_AR said:
A recent tenant has moved out of my apartment, but there is another person who they shared with and found someone else to take up the rest of the contract.

However, the other tenant claims that certain things were broken and not cleaned by this tenant. I raised the issue and deducted the bond accordingly (and I was very reasonable) .

They have now turned around and said they refuse to accept any of the damage nor to replace the broken stuff. To top it off, they've informed me that if i do not pay in 7 days, they will send 'daddies' debt collector friends around to collect.

I've replied, informing them of the contract and points that state replacement/repair/cleaning of things.

Is this little punk trying it on with me or what?
Who is your tenancy agreement with? Tenant 1 (the original tenant), Tenant 2 (the one they shared with) or Tenant 3 (who is the replacement who is now there on their own?). Other than "the other tenant claims" do you have an independent check in and check out report?

eldar

25,273 posts

225 months

Friday 9th October 2009
quotequote all
Rich_AR said:
A recent tenant has moved out of my apartment, but there is another person who they shared with and found someone else to take up the rest of the contract.

However, the other tenant claims that certain things were broken and not cleaned by this tenant. I raised the issue and deducted the bond accordingly (and I was very reasonable) .

They have now turned around and said they refuse to accept any of the damage nor to replace the broken stuff. To top it off, they've informed me that if i do not pay in 7 days, they will send 'daddies' debt collector friends around to collect.

I've replied, informing them of the contract and points that state replacement/repair/cleaning of things.

Is this little punk trying it on with me or what?
Have you still got the deposit, and what does the tenancy agreement say about one tenant leaving before the end of the tenancy?

fluffnik

20,156 posts

256 months

Friday 9th October 2009
quotequote all
...and report their threatening behaviour to the police.

Rich_AR

Original Poster:

1,998 posts

233 months

Friday 9th October 2009
quotequote all
UpTheIron said:
Rich_AR said:
A recent tenant has moved out of my apartment, but there is another person who they shared with and found someone else to take up the rest of the contract.

However, the other tenant claims that certain things were broken and not cleaned by this tenant. I raised the issue and deducted the bond accordingly (and I was very reasonable) .

They have now turned around and said they refuse to accept any of the damage nor to replace the broken stuff. To top it off, they've informed me that if i do not pay in 7 days, they will send 'daddies' debt collector friends around to collect.

I've replied, informing them of the contract and points that state replacement/repair/cleaning of things.

Is this little punk trying it on with me or what?
Who is your tenancy agreement with? Tenant 1 (the original tenant), Tenant 2 (the one they shared with) or Tenant 3 (who is the replacement who is now there on their own?). Other than "the other tenant claims" do you have an independent check in and check out report?
The agreement was joint with Tenant 1 and Tenant 2. I agreed to let T2 leave if they found someone to take on their side of the contract. I have inspected the place too. Its not loads of damage. It just grates me that they are trying to be smart for the sake of a few quid.


hidetheelephants

35,809 posts

222 months

Friday 9th October 2009
quotequote all
Rich_AR said:
A recent tenant has moved out of my apartment, but there is another person who they shared with and found someone else to take up the rest of the contract.

However, the other tenant claims that certain things were broken and not cleaned by this tenant. I raised the issue and deducted the bond accordingly (and I was very reasonable) .

They have now turned around and said they refuse to accept any of the damage nor to replace the broken stuff. To top it off, they've informed me that if i do not pay in 7 days, they will send 'daddies' debt collector friends around to collect.

I've replied, informing them of the contract and points that state replacement/repair/cleaning of things.

Is this little punk trying it on with me or what?
Tha fact that he's talking about debt collectors rather than small claims court indicates he's a tt and is trying it on; I take it from the fact that you seem to be holding the deposit yourself that the tenancy predates the new regulations viz deposits being lodged with third party deposit holding companies. If not you'd better hope the departing tenant doesn't know his rights; just the act of not placing the deposit with a holding company can land you an order to pay 3x the deposit to the tenant as a penalty.

If it does predate, then provided you have informed the tenant of what he's been charged for, and you can justify the amounts(i.e. receipts for carpet cleaning etc), he can go swivel; deduct what's due to you and give the rest back. Threatening people, over the phone or otherwise, is an offense; call the police? If he sends heavies round as he threatened, phone the constabulary and tell them some armed men are coming up the garden path.

Wings

5,967 posts

244 months

Friday 9th October 2009
quotequote all
".......I have inspected the place too. Its not loads of damage. It just grates me that they are trying to be smart for the sake of a few quid."

A few quid, how much are you talking about, and for a continuation of the AST could you have not just put the matter to rest, and moved on? Why not just go round and see the tenants and have a friendly chat and try to come to some mutual agreement.

5 wh

1,507 posts

244 months

Friday 9th October 2009
quotequote all
If it's only a small ammount then it may be better to take it on the chin and forget it-if you end up falling out then the void period after they leave and while you find another tenant could cost you more than the ammount for the damage