Tenant Damaged Property - What do I do?

As a landlord, discovering property damage caused by a tenant can be frustrating. But don’t worry, it’s a situation that many landlords face, and with the right approach, it can be managed effectively. Here's a step-by-step guide on how to handle tenant-damaged property.

What is Considered Damage?

Property damage can range from minor to significant, and it’s crucial to distinguish between the two. Damage refers to anything beyond the natural wear and tear that occurs over time. For example, holes punched in walls, broken windows, or damaged flooring are considered tenant damage, while minor scuff marks or faded paint are often part of general wear and tear.

Fair Wear and Tear vs Actual Damage

Understanding the difference between fair wear and tear and actual damage is essential, as this helps determine what is reasonable wear and what may require the tenant to cover repair costs.

Fair Wear and Tear

Fair wear and tear refers to the natural deterioration of a property due to everyday use. This type of wear happens over time and is something you, as a landlord, should expect. It’s not caused by negligence or misuse and is typically not the tenant’s responsibility to repair.

Examples of Fair Wear and Tear:

Carpets: Slightly worn or faded carpets in high-traffic areas.
Walls: Light scuff marks or faded paint from sunlight exposure.
Furniture: Slightly loose handles on cupboards or minor wear on upholstery.
Appliances: Worn buttons or minor rust on a washing machine or oven from long-term use.
Fixtures: Small scratches or wear on door handles and taps due to frequent use.

Actual Damage

Actual damage is different. It occurs due to negligence, misuse, or intentional harm by the tenant. This type of damage is typically more serious and can often require costly repairs. The tenant is usually held responsible for any damage that goes beyond normal wear and tear.

Examples of Actual Damage:

Carpets: Large stains, burns, or ripped sections caused by negligence.
Walls: Holes from nails or screws, large scrapes, or peeling paint from improper care.
Furniture: Broken drawers, torn upholstery, or furniture damaged beyond normal wear.
Appliances: Appliances that are broken due to misuse, such as a cracked hob or broken washing machine drum.
Fixtures: Broken windows, doors with holes, or damaged taps from forceful handling.

What if the Damage Isn't the Tenant’s Fault?

Sometimes, damage to the property can occur due to factors outside the tenant's control, meaning they shouldn’t be held responsible. As the landlord, it's important to distinguish between these situations and tenant-caused damage.

Examples of Damage Not Caused by the Tenant:

Criminal Activity: If the property is vandalised, burgled, or damaged during a break-in, this is not the tenant's responsibility. In such cases, it’s typically covered by the landlord’s insurance.
Natural Disasters: Damage caused by floods, storms, or other natural disasters falls under the landlord’s responsibility. This includes things like broken windows or structural damage caused by extreme weather.
Structural Failures: If damage occurs due to issues with the building itself, such as a collapsed ceiling, leaking roof, or faulty plumbing, the landlord is responsible for repairs. These are maintenance issues that are beyond the tenant’s control.
Third-Party Actions: Damage caused by third parties, such as contractors or neighbouring properties, is not the tenant’s fault. For example, if a neighbouring building project causes cracks in the property’s walls, the tenant shouldn't be liable for that damage.

In these situations, landlords should rely on their insurance and make repairs promptly. This helps to maintain a positive relationship with tenants, who shouldn’t be penalised for events beyond their control.

Who is Responsible for Repairs if a Property is Damaged?

When a tenant causes damage, they are generally responsible for covering the cost of repairs. However, as the landlord, it’s your responsibility to ensure the repairs are carried out promptly to maintain the property's habitability. You can organise the repairs yourself and deduct the costs from the tenant’s deposit, or in some cases, the tenant may offer to arrange the repairs.

Is the Deposit Affected by Damage?

Yes, if the tenant causes damage that goes beyond fair wear and tear, their deposit can be used to cover the repair costs. However, it's important to handle this carefully. Make sure to conduct a thorough check-out inspection and compare it with the check-in inventory to support any claims. Providing tenants with a clear explanation of the damages and the associated costs can help prevent disputes.

Can a Landlord Sue a Tenant for Damages?

If the damage exceeds the deposit amount or the tenant disputes your claims, you can take the tenant to court. While this is rare, it’s an option available if the damage is significant. Keep in mind that this process can be lengthy and costly, so it’s best used as a last resort.

Can I Evict a Tenant for Damage?

Yes, you can evict a tenant if the damage is serious enough to breach the tenancy agreement. Most tenancy agreements will have a clause that allows for eviction if the tenant fails to maintain the property. However, it’s essential to follow the proper legal process, including serving the correct notices.

How to Talk to Your Tenant About Property Damage

Before escalating the situation, it’s always best to have an open conversation with your tenant. Accidents happen, and sometimes tenants may not even realise the extent of the damage. Approach the conversation calmly and factually, showing them the evidence of the damage. In many cases, tenants are willing to cooperate and cover the costs of repairs, especially if the issue is handled professionally.

Conclusion

Dealing with tenant-caused damage can be stressful, but by staying calm, documenting everything, and knowing your rights, you can manage the situation effectively. Open communication with your tenant can often lead to a smoother resolution, saving you time, stress, and money.

However, if you’re tired of the ongoing stress of managing a rental property, consider selling your property to Upstix. With Upstix, you can avoid the hassle and enjoy a fast, straightforward sale, putting the stress of property management behind you.

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