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Landlord Legal Issues June 2016

Tessa Shepperson of Landlord Law answers your questions

Q.  I visited my rented property recently and was shocked to see that the tenant's daughter has been jumping up and down on the sofa and has totally wrecked the springs. They have also broken several chair legs and scribbled all over the table.  

I understand that there is a ground for eviction for tenants who cause damage to the furniture - would I be able to evict these tenants on that ground?

A. You are thinking of ground 15 which says 'The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house'.  

However this is a 'discretionary' ground, which means that even if the Judge finds that you are right and the ground is made out, he does not have to make an order for possession if he does not consider it reasonable to do so.  

I think that in this case a Judge would be unlikely to make an order for possession as he will say that you have an adequate remedy already - which is deducting the cost of any damaged furniture from the deposit.

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