Landlords Vs Tenants – Case Study

Landlord and tenant disputes occur for various reasons. Below is an example case study of a landlord and tenant dispute which resulted in mediation to reach a solution.

The landlord submitted that the tenant was responsible for the cost of making good the damage the tenant caused by smoking in the property. They had claimed that cleaning alone was not sufficient to eradicate the smell of smoke left behind and that the property needed to be repainted. The amount the landlord was claiming was £888 for the costs incurred to redecorate the entire flat.

The evidence provided by the landlord was submitted to the adjudicator. They were satisfied that the tenant did smoke in the property, in violation of their Tenancy Agreement and was liable for costs. The landlord’s reports showed no record of smoke damage at the start of the tenancy but recorded the hallway, living room and bedroom as “smelling of smoke and having stains on the walls” at the end of the tenancy.

The evidence showed damage caused by smoking in specific areas of the property, because of this, the adjudicator was not satisfied that the tenant was liable for the full cost of redecorating the property. This was because of an estimate from the contractor which stated that only one coat of paint would be needed to remove the smell. Instead, the adjudicator found it reasonable to allow the landlord to claim part of the cost incurred for redecoration; £225 for one and a half day’s labour and £50 towards materials. Both parties were satisfied with the outcome.

This blog is for guidance only – it is not intended to guarantee when an award will be made. Each dispute is different, the actual award made will be based on interpretation of the specific evidence presented.

If you’re a Landlord or Tenant and need help with a dispute it is recommended to seek advice before it escalates. Our experienced team of Property Solicitors have helped both Landlords and Tenants overcome disputes without court actions. For more information, visit Landlords & Tenants, or get in touch on our Web Portal.

Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services you should seek a professional legal practitioner.