Hi,
Happy 2021. It's a new year with a new norm.
I had handled a case of tenancy dispute regarding damage to property at the end of the tenancy.
The landlord claims that the tenant has damaged some of his furniture and fittings. The item was a sofa. The landlord wanted to claim replacement with brand-new ones as his cause of action was damage due to negligence. The tenant naturally claims that it was fair wear and tear, the sofa is usable, and the couch's condition was not perfect when the tenancy began.
During private caucuses , I got the parties to think about a few things.
As furniture and fittings depreciate, how are we going to come to a reasonable value today as the sofa's cost since no one can show the purchase price or agree to the age of the sofa?
Why there was no before tenancy pictures? How can a court be expected to make a determination without prior images?
Why was the landlord not present during the walkthrough at handing over the premises? Why the agent - representative of the landlord had not written down the damage and signed by the tenant. Is it reasonable to notify damage 3 days before the actual refund date?
What was the agreement on damage on the tenancy, should it not be due to negligence?
Is there any clause to state how parties will manage damages?
Why was there no insurance cover for damages due to tenancy?
I came across these articles which I feel is a good read to get an idea but encourage both tenants and landlords to do your homework.
As for the case, after going through with parties, the pros and cons of their choices. We managed to come to a settlement.
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