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Eviction Notice For Property Damage

Serious damage to your property needs immediate written action. This notice describes the damage, demands repair, and warns of eviction if it continues.

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When and how to use this letter

Document the damage before sending this notice. Take dated photographs and, if possible, get a contractor's written estimate for the repair cost, since [estimated_cost] stated without evidence is easy to dispute. Compare against your move-in photos to show the damage happened during this tenancy, which is why that day-one photo set matters so much.

Distinguish damage from wear and tear in the notice itself. Courts expect landlords to tolerate normal ageing, so your case is strongest when the damage is clearly from misuse or negligence, broken fittings, burnt countertops, or holes in walls. Give a genuine chance to repair before escalating, because tribunals favour landlords who acted reasonably.

A non-obvious tip: offer the tenant the option of you arranging the repair and deducting the invoiced cost from the deposit, with their written consent. Many tenants prefer this to finding their own contractor, and it gives you control over the quality of the fix. Keep every message about the damage in writing from the first complaint, because a verbal warning you cannot prove is worth nothing if the case proceeds.

If the tenant disputes that the damage is theirs, propose a joint inspection with an independent contractor who can assess the cause. An impartial assessment often settles the argument on the spot, since it is hard to dispute a professional's written finding. This step also demonstrates reasonableness if the case ever reaches a tribunal.

Frequently asked questions

What counts as damage versus normal wear and tear?
Damage is harm from misuse or negligence: broken fixtures, large stains, holes in walls, or pet destruction. Wear and tear is gradual ageing from normal living: faded paint, minor scuffs, or worn tap washers. Only damage beyond normal wear justifies repair demands or eviction action.
Can I deduct repair costs from the security deposit?
Yes, for damage beyond normal wear and tear, with the tenant's agreement or as per the agreement clause. Get a proper invoice for the work and share it with the tenant. Deducting inflated or undocumented amounts invites a dispute you will likely lose.
Should I give the tenant a chance to repair first?
Yes, always. A notice demanding repair by a deadline shows reasonableness and strengthens any later eviction case. Proceeding straight to eviction over repairable damage looks disproportionate to most tribunals.

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