Section 21 served by registered post...letter returned

[blue_eyes777]

Yes. it is under inventory.

 

well there are 2 beds in the property and she hasnt told me which one!

One is like 5 years old and cost over 1000 pounds, another is a cheapy 100 bed fairly new.

I sound petty dont I

[Lula]

why would you presume that the kids or cats will have made thiss bed smelly?

[blue_eyes777]

OK...this is veering away from the point somewhat. A newish bed doesnt suddenly become smelly so it is likely an outside agent is responsible.

The point is... can I claim or not

[Lula]

Well, I would ask her which one she has gotten rid of first and what she thought was causing the smell

[Lula]

i would also ask what she intends to replace it with, it would be better to try and sort this out between yourselves that resorting to legal action, that should only really be used as a last resort

[MrShed]

YES you can claim for your actual financial loss. This means that you can charge for a "like for like" replacement(i.e. you cannot claim £1000 if it is bed one, as it is several years old so you need to charge the appropriate second hand value of the bed).

 

but also agree with Lula, much better to sort it out between you first.

[blue_eyes777]

Oh dear...the tenant has confirmed it is my 1000 bed that she has thrown away the mattress to. She offered to get another mattress and I said that was fine but that I would like an input into it because it was a special one for my bad back.

 

She then replied...You know what forget it I am just going to move when the contract is up on the 24th of September I cannot deal with your e-mails and you as a person in general and your mattress did smell really bad from some sort of musty smell our kids do not lie. Myself and Colm smelt it as did my friend. Its not worth it to ask you for anything I'd rather just move out. Please do not e-mail me again go through the agency from now on.

 

Good Luck

 

 

So, no need for notice!!!

However...I havent got a receipt for my bed*am trying to get another from the store. Do I buy a another one and deduct from deposit?

 

Also, I have been overseas and have made NO inspection visits and not bothered the tenants at all!!!

[MrShed]

- How old was the bed?

- Was it(and its condition) listed on an inventory, signed by the tenants at the commencement of the tenancy?

[blue_eyes777]

Oh dear...the tenant has confirmed it is my 1000 bed that she has thrown away the mattress to. She offered to get another mattress and I said that was fine but that I would like an input into it because it was a special one for my bad back.

 

She then replied...You know what forget it I am just going to move when the contract is up on the 24th of September I cannot deal with your e-mails and you as a person in general and your mattress did smell really bad from some sort of musty smell our kids do not lie. Myself and Colm smelt it as did my friend. Its not worth it to ask you for anything I'd rather just move out. Please do not e-mail me again go through the agency from now on.

 

Good Luck

 

 

So, no need for notice!!!

However...I havent got a receipt for my bed*am trying to get another from the store. Do I buy a another one and deduct from deposit?

 

Also, I have been overseas and have made NO inspection visits and not bothered the tenants at all!!!

 

What would be the appropriate value???

[blue_eyes777]

was on inventory and signed by tenants.

nothing on inventory about condition. certainly no smell mentioned!

[MrShed]

2 seperate threads - I've replied on your other one.

[MrShed]

How old was the bed?

[blue_eyes777]

Hi all!

 

My tenants are moving out in 2 months as per the end of the contract and one of the tenants is irascible to say the least!!!

i havent inspected since January and never officially and have been very accommodating...been in to help with setting up their hifi, leaving things in the property they wanted to use etc.

 

In return, they are keeping cats and have lied about it, seen rips on the sofa back in January .

I am worried.

 

My partner is returning to the UK at the start of August / and myself at the end of August.

 

She would like to go to the property to have a look and will of course give the correct notice but am concerned the tenant will refuse.

If the sofa is still torn / what redress do I have it is not put right?

 

What do you advise.

Her last email was...

Oh dear...the tenant has confirmed it is my 1000 bed that she has thrown away the mattress to. She offered to get another mattress and I said that was fine but that I would like an input into it because it was a special one for my bad back.

 

She then replied...You know what forget it I am just going to move when the contract is up on the 24th of September I cannot deal with your e-mails and you as a person in general and your mattress did smell really bad from some sort of musty smell our kids do not lie. Myself and Colm smelt it as did my friend. Its not worth it to ask you for anything I'd rather just move out. Please do not e-mail me again go through the agency from now on.

 

Good Luck

 

 

OUCH!

[blue_eyes777]

about 8 years old I believe.

[MrShed]

I dont understand the query here, and also can you try and keep to one thread instead of three?

[MrShed]

IMO then you can reclaim perhaps £150-200, and that might be a bit generous.

[blue_eyes777]

Sorry about the thread starting.

My query was how to go about getting an inspection with a very rude and irascible tenant who will probably ignore an inspection request.

[MrShed]

You have no need to inspect before you reclaim possession of the property, and, perhaps more importantly, no real way of enforcing before this point anyway.

[blue_eyes777]

Sorry cant agree...why do I have no need to inspect a property that hasnt had an inspection for 6 months???

Last time I went, concrete steps had been built outside the conservatory without permission, the carpet removed in the bathroom and bare floorboards remaining...

 

So if I take reposession in September and I find my place ripped to bits...people would have said...shouldnt you have done regular inspection visits!!!?

[MrShed]

Dont agree. Doesnt really bother me - the most important fact is that you CANNOT enforce an inspection in the timescales involved.

 

By the way, the reason I think that the inspection is pointless - the tenant can do pretty much whatever they like during the tenancy, it is entirely irrelevant as long as at the END of the tenancy the property is in the same condition. The only time condition of the property is important is at the START and at the END of the tenancy. Inbetween points are totally irrelevant.

[blue_eyes777]

Not according to a standard AST contract...

 

are you suggesting that a tenant can keep cats when the contract forbids it?

[Planner]

Not according to a standard AST contract...

 

are you suggesting that a tenant can keep cats when the contract forbids it?

 

Mr Shed hasnt mentioned Cats.

 

There is no way that you can force a tenant into an inspection regardless of what the AST states. All you can do is tell the tenant you would like to inspect, ask for a convient time and date. If they are not willing to allow you in before the 24th September, then make sure you do a full check out inventory (assuming you have a good check in inventory) and takes lots of pictures. Ask if the tenant wants to be present for the checkout.

 

You might also want to consider serving a section 21 notice now (if this has not already been done) so you can seek possesion if they dont leave.

[MrShed]

BE - you are picking the wrong battle

 

Yes if you really want to you can go to court to obtain a court order to gain access for an inspection. This is not a short process, nor is it guaranteed to succeed. In reality I cannot remember one single landlord who bothered to follow this process. Considering your tenant is leaving, the timescale to enforce is pretty much untenable anyway.

 

And again the point still remains that it doesnt actually matter what the condition of the property is during the tenancy.

 

As to your point about cats, no I am not, but again it is for the court to enforce, NOT the landlord directly. But you do raise the interesting point that you perhaps havent realised as to just how many either a) completely unenforceable terms or b) realistically unenforceable terms are in a tenancy agreement. Contrary to your belief, terms in a contract cannot be either unilaterally applied(they cannot override the statutory rights of the tenant, one of which is enforceing access against the wishes of the tenant) or neccessarily easily applied.

[tokyodrifter]

Sheesh! Sounds very unfair of the tenant!

 

They should have spoken to you if they had a problem with the bed, not just dumped it!

 

 

I can't help but suspect that they ruined the mattress somehow and then came up with this 'oh it was smelly' story in an effort to avoid taking responsibility for it

 

Since the mattress was on the inventory and has now disappeared, without any consultation or agreement from you, I'd say it's a clear cut case for deducting from the deposit. Bearing in mind I'm not a clever lawyer type, just my idea of common sense!

[MrShed]

See his other thread Tokyo

 

For the sake of completeness, will give the same answer here - the OP is entitled to deduct for a "like for like" replacement. As the mattress was around 8-10 years old, I suggested its max worth now is about £150.