Tenant Damaging Property: Your OptionsTenant Damaging Property: Your Options

Step 1: Document the Damage

Before taking any action, thoroughly document the damage:

• Photographs: Take dated photos of all damage from multiple angles
• Video: A walkthrough video can provide context
• Written report: Describe each item of damage in writing
• Quotes/invoices: Get repair estimates or invoices from contractors
• Inventory comparison: Compare to the check-in inventory

Option 1: Eviction (Section 8)

If the damage is serious enough, you can seek to evict the tenant using Section 8 grounds:

Ground 13 - Property Deterioration

"The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant."

• This is a discretionary ground
• The court will consider if eviction is reasonable
• Notice period: 2 weeks minimum

Ground 12 - Breach of Tenancy

If the tenant has breached a term of the tenancy agreement (e.g., a clause requiring them to maintain the property), you can use Ground 12.

• This is a discretionary ground
• Check your tenancy agreement for relevant clauses
• Notice period: 2 weeks minimum

Option 2: Deposit Deductions

You can deduct repair costs from the tenant's deposit for damage beyond normal wear and tear. The process:

1. Document all damage with photos and inventory comparison
2. Get quotes or invoices for repairs
3. Propose deductions to the tenant in writing
4. If they agree, deduct and return the remainder
5. If they dispute, use the deposit scheme's free dispute resolution

Wear and Tear vs Damage

You cannot deduct for normal wear and tear. Examples:

• Wear and tear: Faded curtains, worn carpet in doorways, small marks on walls
• Damage: Holes in walls, burns in carpet, broken fixtures, stained/ripped curtains

Option 3: Money Claim

If the damage costs exceed the deposit, you can make a money claim through the county court:

1. Follow the Pre-Action Protocol for Debt Claims
2. Send a Letter Before Claim with evidence of the damage
3. Wait 30 days for a response
4. If no satisfactory response, start a claim via Money Claim Online (MCOL)

Can I Do Both Eviction and Money Claim?

Yes. You can pursue eviction to remove the tenant AND a separate money claim to recover repair costs. These are separate legal processes.

What About Criminal Damage?

If the damage is deliberate and severe, it may constitute criminal damage. You can report it to the police, though they may treat it as a civil matter in some cases. A police report can support your civil case.