If you’re a landlord and find yourself dealing with property damage caused by a tenant, it’s essential to know your rights. In England and Wales, landlords can sue tenants for property damage that exceeds normal wear and tear. This legal action is typically pursued through the small claims court.
Understanding the nuances of the law, documenting damage properly, and following the correct legal procedures are crucial for a successful claim. If you’re already facing this situation and need tailored advice, contacting Helix Law’s property litigation team is your next step.
Who Is Responsible for Damage Caused by Tenants?
Contracts, and specifically an Assured Shorthold Tenancy (or ‘AST’) should set out rights and obligations between tenants and landlords clarifying responsibility for damage to rental properties.
Tenant Responsibilities
Generally speaking tenants must maintain a property in a reasonable state and report any necessary repairs to the landlord. Tenants are expected to use a property in a ‘tenant-like’ manner, which involves performing minor repairs like changing light bulbs, ensuring cleanliness, and avoiding any actions that cause damage to the property or its fixtures.
If a tenant or their guests cause damage, the tenant is responsible for the cost of repairs, which their security deposit may cover at the end of the tenancy.
Landlord Responsibilities
Landlords must keep the property in good repair. This includes structural elements, exteriors, and essential services like plumbing, heating, and electricity. Landlords cannot pass on these responsibilities to tenants through the tenancy agreement.
Suppose external factors like neighbouring properties or natural events cause damage. In that case, the landlord is typically responsible for repairs, although they may seek compensation from those at fault if applicable.
For tenants and landlords, clear communication and prompt reporting of issues are crucial. Tenants should document the damage and communicate with the landlord about repair arrangements, potentially suggesting trusted professionals to carry out the work.
Landlords should ensure they conduct repairs promptly to prevent further damage or deterioration of the property.
Can a Landlord Sue a Tenant for Damages?
Yes, landlords have the right to sue tenants for damages to the property that exceed normal wear and tear. If a tenant leaves the property in a worse state than when they moved in, beyond what is considered reasonable ageing or use, the landlord can take legal action.
To build a strong case, the landlord must gather clear evidence of the damage. This often includes before-and-after photos or a detailed inventory report created at the tenancy’s start and end.
Typically, if the damage caused by a tenant is less than the deposit amount, the landlord can use the deposit to cover the damages, provided that the landlord can prove the tenant is at fault. However, the landlord may pursue legal action to recover the additional costs if the damage exceeds the deposit amount.
If the amount of damage is small, the case can be efficiently handled in small claims court. This court is designed to resolve disputes quickly and without the need for expensive legal procedures, making it a practical option for many landlords. In any case, landlords need to keep thorough records and follow legal procedures precisely to ensure a fair and just resolution.
Can You Make Deductions From the Tenant’s Deposit?
Yes, landlords can deduct a tenant’s deposit under UK law, but these must be justified and related to the tenant’s actions or inactions. Deductions are typically permissible for:
- Costs incurred from damage to the property that exceeds normal wear and tear can be deducted.
- Landlords may deduct cleaning fees if the property requires excessive cleaning due to its state at the end of the tenancy compared to when the tenant moved in.
- If tenants leave with unpaid rent or utility bills in the landlord’s name, these can also be grounds for deductions.
Deposits are a financial security measure for landlords against damages or unpaid rent. Any deduction from the deposit must be clearly outlined and agreed upon in the tenancy agreement, and it should correspond to actual damage or financial loss incurred by the landlord.
What Is Fair Wear and Tear?
Fair wear and tear in rental properties is legally recognised as the natural and unavoidable deterioration of a property and its contents from everyday use during a tenancy. It does not include damage resulting from the tenant’s negligence, carelessness, or abuse.
Fair wear and tear can include minor scuffs on walls, slight fading of curtains, wear on carpets from foot traffic, and other similar deterioration that results from everyday living.
These changes are expected and cannot be charged against a tenant’s deposit. Items worn at the beginning of the tenancy that wear further through everyday use also fall under this category.
Damage, as opposed to wear and tear, is caused by negligence or misuse by the tenant. For example, stains or burns on carpets, unreported water leaks causing further damage, or broken windows are considered damage. Landlords are allowed to deduct such damages from the deposit but must prove the damage and its extent.
Can a Landlord Evict a Tenant for Property Damage?
Yes, a landlord can evict a tenant for property damage in the UK, but the process must adhere to specific legal procedures to ensure it’s done lawfully. The primary method for evicting a tenant who has damaged the property is issuing a Section 8 notice under the Housing Act 1988.
This notice is applicable when a tenant has breached the terms of the tenancy agreement, including causing significant damage to the property. The notice must clearly state the grounds for eviction (in this case, property damage) and give the tenant a chance to rectify the situation or contest the eviction in court.
If the tenant fails to leave by the date specified in the notice, the landlord can apply to the court for a possession order. If granted, and the tenant still refuses to vacate the premises, the landlord can then seek the assistance of bailiffs to enforce the eviction. It’s important to note that forcibly removing a tenant without a court order or changing the locks can result in accusations of harassment or illegal eviction.
The Section 21 notice, another eviction method, does not require landlords to state a reason for ending the tenancy, but it can only be used at the end of a fixed-term lease or during a periodic tenancy with proper notice given.
However, this method is not specific to cases of property damage and can only be used if the landlord has complied with certain legal requirements, such as providing safety certificates and deposit protection information.
Frequently Asked Questions
What Do You Do if a Tenant Damages Your Property?
If a tenant damages your property, document the damage and notify them in writing. Assess if the damage exceeds normal wear and tear and determine repair costs. You can then request payment from the tenant or deduct from their security deposit, following legal procedures for deposit deductions.
Do Tenants Have To Pay for Accidental Damage?
Yes, tenants are typically responsible for paying for accidental damage to the property. This includes damage that goes beyond normal wear and tear. Landlords can request payment for repairs or deduct from the security deposit, provided the lease agreement specifies tenant responsibilities for damages.
Need Advice? Contact Helix Law
This is a complex and difficult area of law where there are considerable protections for tenant rights, and a need to carefully ensure that any steps being taken are taken correctly, and any litigation stacks up from a cost; benefit perspective. It is unusual for a landlord to pursue a standalone claim against a tenant for damages because typically a tenant will not own assets, but using damage to a property can be important in helping a landlord evict a tenant. In the context of regaining possession therefore, pursuing a tenant’s damage to a property can be helpful and important. Our expert property litigation team act in disputes across England and Wales. Our team are happy to assist you if you are concerned your property is not being maintained and/or if you need to consider regaining possession from a tenant.
Contact us today, and our expert property litigation team will be happy to discuss your situation and guide you through any property damage problems you’re experiencing due to your tenant.