Brookes Lettings- Landlord's Guidance & Obligations

Damages

Making claims

At the end of the tenancy, if you encounter any costs for which you feel the University is responsible under its repair obligations, please let us know as soon as possible. Ideally, we would like an opportunity to put these issues to the outgoing tenants to give them an opportunity to see if they can find a suitable resolution (and avoid charges) or let us know of any likely disputes (so we can provide further evidence). In very costly cases, it is good practice to offer tenants an opportunity to establish good value for money by, for example, seeking three quotes. We appreciate that this will be case dependent, however.

If you need to put in a claim for costs, please complete a Damage Claim Form and submit it to us. This should be done within two weeks of the end of the tenancy, as per the terms of the Tenancy Agreement.

Below is a guide to establishing what can be claimed for, and how claims should be calculated. This is based on the tenancy agreement and established practices within the housing industry.

Damage vs wear

Damage can be accidental, purposeful or neglectful. Wear is the expected deterioration of something during routine use. The University is responsible for compensating for damages, but not for wear.

Added to this, if a damaged item was already beyond its expected lifespan, the University will usually not compensate as a replacement was nevertheless to be expected.

Evidence

Whilst we may know that a particular property owner is fair and honest, our student tenants are naturally suspicious upon being asked to pay for damages and will demand a high level of corroboration. It is therefore vital that all damage claims are evidenced as far as possible. Please be fastidious in presenting evidence, including photos, videos and/ or receipts. Keep in mind that disputed claims could ultimately end up being argued over in a County Court, so the claims need to be beyond doubt.

Cleaning

The principles of damage and wear can also be applied to cleaning to some extent. Whilst we advise our tenants that the property must be left clean and ready for the next tenants to move in, it is rarely the case that there is no room for improvement.

Where it is the case that a property just needs a little ‘smartening up’ (under an hour of work) to prepare it for the new tenants, we would not consider it a case for compensation. However, if reasonably extensive cleaning is required due to the neglect of the previous tenants, there are two options:

· You can request that we send professional cleaners to the property

· You can do the cleaning yourself, and reclaim the costs at the rate of £15 per hour, plus reasonable expenses (e.g. cleaning products, trips to the waste/ recycling centre). Please ensure you note/ evidence where and how the time was spent on a room by room basis to allow us to justify costs to individual tenants.

Depreciation

When assessing a claim for damages, depreciation may need to be considered. This is calculated according to the following formula:

(Cost ÷ Lifespan) x (Lifespan – Age)

· Cost: how much the item costs to replace with an equivalent item.

· Lifespan: how long something can reasonably be expected to last with ordinary use.

· Age: how old the item actually is.

Example: A one year old vacuum cleaner is damaged and needs replacing. We would expect the average vacuum cleaner’s lifespan to be at least three years in a student house. The cost was £99. So:

· Annual depreciation: £99 ÷ 3 years = £33

· Remaining lifespan: 3 years – 1 year = 2 years

· Damages due: £33 x 2 years = £66

Below, we have included a basic list of reasonable lifespans for standard items within the context of an average student house.

Minimum lifespans of items in an average student household

This list has been compiled mostly based on the estimates used by insurance companies. In most cases a minimum lifespan expectation has been used in recognition that a student HMO is expected to be a 'hard-wearing' environment.