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After seeking advice from the RLA help desk recently with regard to damage to the roof of my building by a tenant, i was told to serve a section 21 notice in order to seek possession. I have written to the tenants with the threat of a sec 21 should they refuse to pay for the damage and they have responded accordingly.
"We deny that we have caused any damage to the roof outside Flat number 13, but if you insist on holding us responsible for any damage then we wish to draw your attention to the following. Paragraph B5 of the tenancy agreement states that we must ‘repair any damage…that was caused by the neglect or carelessness of you or anyone else living in or visiting the property. If you do not repair the damages you are responsible for, we may give you written notice asking you to repair the damage within a reasonable period of time.’ At no time have you given us written notice asking us to repair the damage within a reasonable period. Instead and in breach of the tenancy agreement it appears that you have instructed your own roofing expert. We have taken the time to get our own quote for the roof a repair and based on these findings we find your estimate of £998.75 greatly overpriced and unreasonable. We are currently awaiting the quote to arrive in writing in the post and will send you a copy of this along with a hard copy of this letter, once it arrives.
In respect of you email dated 20th September 2007, we found this unnecessary and your statement regarding serving a section 21 notice an inappropriate form of intimidation. A section 21 notice can only be served at the end of a tenancy i.e. June and would not be the suitable cause of action in this situation.
Can you advise how i can both evict and claim the cost of the damage from the tenants.
many thanks
