Tenancy dispute
Hi,
I have a rental property that is shortly to be vacated due to non-payment of rent.
Early in the tenancy the tenant asked if I would replace the vinyl flooring with tiles as his girlfriend was pregnant and he wanted a tiled floor on the basis that he would pay for the materials and I as the landlord would pay to have them put down, we agreed on this verbally and the work was subsequently completed.
Now we are approaching the conclusion of the tenancy and he is asking for the return of the cost of the materials (£70.00) and has stated that 'he will take the tiles up if he doesn't receive the £70 back prior to leaving the property'.
I have advised him that these are now a permanent fixture and that if he were to do this I will view it as criminal damage and report it to the police accordingly.
He says he has spoken with Citizens Advice and they have told him he is within his rights to remove the tiles.
Can you please offer any advice and waht recourse I will have if he goes ahead as suggested?
Whether you take any action
Whether you take any action against your tenant if he removes the tiles will depend on exactly what was agreed when the vinyl flooring was replaced. A verbal agreement can still be binding even if it is not evidenced in writing.
If it was agreed that the tiles would remain at the property after the tenant vacated then you would be able to take your tenant to the small claims court to claim for the cost of replacing the tiles and for the cost of putting new flooring down. You will have to prove that this is what had been agreed which may be difficult if nothing was recorded in writing.
If nothing was agreed or even mentioned about what would happen to the tiles when the tenant vacates the property then even if the tenant removes the tiles he should return the property to you in the same condition as it was in at the start of the tenancy in accordance with the inventory.
The cheapest and most pragmatic approach may well be to agree to reimburse your tenant the £70.00 after he has vacated the property and you have inspected it.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181