Suing a Tenant for Property Damage

Suing a tenant for property damage

Although landlords would love to have their property returned in immaculate condition come the end of the tenancy, there is a degree of wear and tear that could be expected having lived in the property. However, this level of depreciation can often go past the reasonable threshold, resulting in damage to the property which needs to be dealt with.

In such cases, the landlord may have grounds to take legal action. The experts at AST Assistance have the knowledge and experience necessary to help a landlord when suing a tenant for property damage. We will approach your case with the utmost professionalism and give you the tools to successfully sue and recover costs for the damage you have had to deal with.

If you want to start the process of suing your tenant following property damage, get in touch with our team today by calling 01706 619 954, emailing info@ast-assistance.com, or filling in our online form to request a call back.

Instruct Us Our Approach

How we work

Damage to your property can be difficult to repair, costly, and delay the possibility of accepting a new tenancy - all of which can be included in your claims for damage against the tenant. The team at AST Assistance will work tirelessly to ensure that you are repaid for the damage the tenant has caused, allowing you to repair and begin using the property again.

We have helped countless landlords through the process of suing a tenant for property damage. We have built a reputation for getting the outcome landlords need to deal with property damage, and give you the best chance of taking successful action.
 

How we can help

AST Assistance provides expert guidance tailored to your situation, ensuring that you understand your rights and duties as a landlord, so that you can take appropriate action while staying compliant with your legal responsibilities. 

We know how stressful it can be to deal with damage to your property caused by a tenant. Sometimes, the damage can be so severe as to limit your ability to accept another tenancy, which will result in time during which you will not be earning from your property. We understand that this can have a significant financial impact, and are on hand to guide you through suing the tenant to cover the full cost of the damage.
 

FAQs

Can I claim damages against the tenant?

If your tenant has caused property damage - beyond reasonable wear and tear - you will be able to claim damages against them. There are a number of options available to you in order to claim any expenses, which you can then use to pay repair and replacement costs.

Can I use the tenancy deposit for damages?

The tenancy deposit’s main purpose is to leverage for costs following any damage to the property. If the tenant accepts responsibility for the damage caused, you are within your rights to claim the cost of repair using the deposit.

However, if the tenant denies liability for the damage, the decision of who is responsible for the damage costs will lie with the tenancy deposit scheme that you employed when securing your tenant’s deposit.

In such cases, you will be required to prove that the tenant caused the damage. Gathering evidence of the condition of the property and its appliances will help to prove that damage was caused during the tenancy, and inventories detailing the condition before the tenant moves into the property may prove useful to corroborate your claims for property damage.

If the damage caused results in repair costs that exceed the deposit amount, you have further options to claim the fees. 
 

Should I take my tenant to small claims court?

One such option is taking the tenant to court, which is called making a court claim. While this is a good recourse for some damage disputes, this process can take a while, and involves numerous steps in order to prove that the tenant was at fault. 

Can I evict my tenant?

If your tenant causes damage that leaves you dissatisfied with their treatment of your property, you may have grounds for eviction. 

In order to start the process for eviction, you should first understand your rights and responsibilities as landlord and tenant, and know what steps you are able to take.
 

How can I take legal action for property damage?

When dealing with property damage, you should know what duties you have as a landlord, and who is legally responsible for paying the costs of repair and maintenance. It would be fruitless to make a claim against a tenant if the liability falls on you as a landlord, so it is vital that you understand the options available to you before embarking on legal action.

You can get tailored advice on suing a tenant for property damage from our expert team. We will endeavour to work in an efficient manner that resolves your issue as swiftly as possible, securing the outcome you deserve.

How can I reduce the risk of property damage?

Under the Landlord and Tenant Act 1985, the landlord has the right to enter the premises to inspect the condition and state of repair. After giving 24 hours of written notice, you may enter the property at a reasonable time of the day and review the condition of the property and its contents. 

This will allow you to:

  • Spot any required repairs and maintenance issues
  • Assess the living conditions
  • Notice any illegal activities
  • Build a better relationship with your tenants

Seek expert legal counsel

Ultimately, as a landlord, it is vital that you understand your rights and responsibilities when dealing with a tenant who has caused property damage. While it is preferable to be able to resolve any issue with the tenant directly, this is often not possible.

If you are seeking advice for suing a tenant for property damage, get in touch with the specialist team at AST Assistance today by calling 01706 619 954, emailing info@ast-assistance.com, or filling in our online form to request a call back.
 

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