Our Law Lab will answer as many email
questions as practical but cannot guarantee to respond to
all. Responses, which will be posted in the ‘Law Lab’ section of Residential Landlord and answers are provided by Seth Lovis & Co a law firm based in Covent Garden.
House in Multiple Occupation
I have a multiple occupation terraced property with ground floor commercial shop let on lease, the adjoining property next door is under going an extension but the owner builder has caused extensive damage to the kitchen area of my shop resulting in leaking roof etc.
My tenant has engaged a private builder to do the repairs resulting in costs amounting to £2,500. My tenant wants me to reimburse him plus compensation as it has held him up in selling.
Am i responsible for this or should my tenant approach the builder responsible for causing the damage.
It is likely that under the terms of your lease with your commercial tenant, you will be responsible to him for any damage to his property caused by the exterior or structure. You should though check the lease and, if necessary seek advice on this. If so, then you have a claim against the owner of the adjoining property in trespass and/or nuisance for damages which would include the reasonable costs of repairing your property, and any other losses which have directly flowed.
Rental deposits
We let an unfurnished house through an agent on a assured tennancy agreement. The agent takes a bond of one months rent. At the last change of tenant they left the property in need of complete redecoration and new flooring. We asked the agent for the bond and they said that we could not have it unless the tenant released it to us. The tenant dissapeared. Please can you let me know the rules covering bonds.
Since 6th April 2007 it is a requirement that all rent deposits are placed in a tenancy deposit protection scheme. As the tenant has disappeared, the landlord can apply to the scheme for the release of the deposit to him by producing information about the landlord's attempts to find the tenant. The landlord must also agree to submit the matter to the alternative dispute resolution service in the event that the tenant comes back and disputes the right of the landlord to some or all of the rent deposit.
