What to do if a tenant destroys your property

There are many different options available to you as a landlord if a tenant destroys your property.  Here, we’ll take a look at what your options are and what the best approach to take is. It is likely that there will be more damage in a rental property due to the frequent change in tenants, so it is always best to know what you need to do in these situations. 

Remember, you are legally allowed to charge your tenants for any damage that has been caused due to their negligence or causing damage purposefully.  We’ll go into this in more detail below. 

Who is responsible for damage caused to your property?

The simple answer to this question is that a tenant is responsible for any damage they’ve caused to your property and the damage should be reported as soon as possible. 

Otherwise, it is pretty much up to you as the landlord to ensure that any damage (i.e. fair wear and tear) is repaired. You should also undertake regular inspections to ensure that your property is fit for habitation and to book any repairs, should you need to.  

Your options if a tenant destroys your property

But, what exactly are your options if a tenant has destroyed your property? The first thing that you would need to establish is whether or not the damage is actually damage, or if it could be considered as fair wear and tear. If the damage is classed as fair wear and tear, it is your responsibility to fix, as mentioned above. 

Assess the damage

However, in the event that your tenant has damaged your property intentionally, your first port of call is to assess the damage. Finding out the extent of the damage is important. During your assessment of the damage, we also recommend that you evidence the damage with photographs and detailed notes. 

This is also where the initial inventory list comes into play as you’ll be able to compare the current damage to the original state of your property. 

Communicate with the tenant

The next step to take if a tenant is destroying your property is to communicate with the tenant. This may be the trickiest part of the whole process, as you may be worrying and thinking to yourself ‘my tenant is destroying my property!’ but, you’ll need to ensure that your emotions are kept in check and that you leave the conversation feeling satisfied with the outcome. 

Essentially, you would want your tenant to accept responsibility for the damage and agree to pay for repairs. If you present your tenant with the evidence, along with the inventory checklist, there will be little room for argument from the tenant’s point of view. 

Your legal options

However, presenting the evidence to your tenant doesn’t necessarily mean that they’ll agree to repair the damage or make payment. So, there may be times when you’ll need to fall back to your legal rights. 

We mentioned above that you’ll be able to charge your tenants for damage caused due their negligence. But, you will need to be fair with this which also means that you cannot charge your tenants a fee for damage if an ageing item breaks, for example. 

Similarly, you cannot necessarily charge a tenant for accidental damage caused to your property. You would need to assess the damage, as mentioned above, and make a judgment call when it comes to accidental damage. 

Charging tenants using their deposit

So, if you’re considering deducting money from your tenant’s deposit, you need to remember that you’ll need to get their permission for this, as the money still belongs to them. If the tenant doesn’t agree to the amount you want to charge them, you’ll need to plead your case to the deposit scheme’s independent adjudicator. 

If,  for some reason, the deposit amount doesn’t cover the cost of repairing the damage, you’ll need to make an application to the small claims court through Gov.UK. But, be sure to seek legal advice regarding this first from a trained professional. 

Eviction for property damage

Eviction for property damage is another avenue you can take if the situation has escalated, or if you feel your tenant has breached the tenancy agreement. The regulation surrounding this is known as the Section 8 notice. 

What is the section 8 notice? 

A Section 8 notice is usually served for the following reasons: 

• Damage caused to property
• Rent being in arrears
• Disruption caused to neighbours

In your case, you would serve a Section 8 notice on the grounds of damage caused to your property. You’ll also need to give your tenants a reasonable notice period, which is at least 14 days. 

There are a few things that you will need to include in the letter you give to your tenant in order to ensure that it’s valid, for example: 

• The tenant’s name
• The  address of the property they’re leasing out 
• The reason you’re serving them with a section 8, also known as the ‘grounds for possession’ (state what the reason is with detail of the damage caused to the property)
• The date the tenant needs to leave the property by

The Section 8 notice needs to be filled out on ‘form 3’. 

What happens if a tenant refuses to leave?   

The next step in this process would be to escalate the issue further by starting a possession claim through the court. You’ll only be able to do this once the date set out on the section 8 notice has passed and you have to start the claim within 12 months of this date too. 

Once you’ve started the possession claim, your tenant will receive court papers with a copy of the claim form, and a defence form that the tenant will be able to use should they wish to appeal the possession claim. 

You’ll then be given the date of the court hearing. 

Insurance coverage for property damage

It is always wise to ensure that you have the most comprehensive landlord insurance coverage so that if a tenant destroys your property, you’ll have one less thing to worry about. 

There are many different types of landlord insurance for you to choose from, for example, landlord building insurance, where you’ll be protected against rebuilding costs and any loss of rental income.  

To compare landlord insurance quotes, contact us on 01788 818 670  today to find out more, or get a quote online.