Claiming Bond Money - Tenants Complaining About House

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    Claiming Bond Money - Tenants Complaining About House

    Hi there,

    I have recently taken back possession of a property that I have rented out for the last 5 years, as I'm going to sell it. After visiting the property, the garden has become overgrown, the old oven needs replacing, and I would like to replace the carpets in the house. There are a few other things I'd like to refresh also.

    Anyway, I would like to use the bond money (£1,200) to pay for the refurbishment. I've emailed the tenants, but they are not happy with this decision. They are mainly complaining that the damage to the carpets was caused by damp, and they should not have to pay for this. They are asking for a third party to inspect the property as apparently the property is not fit to be rented out.

    Do I have to get someone in to check the property professionally? If so, who should I contact so that I can get a professional to assess the property for damp, and to confirm that the property was in a fit state to rent?

    I'd basically just like to claim the bond money as quickly as possible to pay for the work to get the house ready for sale.

    Thanks in advance for any advice.

    #2
    Why on earth should your former tenants finance your refurbishment? What is the basis of you seeking to claim from their deposit?

    Comment


      #3
      With the carpet replacing, floor sanding, garden work, oven replacing, etc., it would cover the amount of the bond money, and I think it's reasonable for the tenant to pay for this, as it wouldn't need doing if they weren't living there.

      Comment


        #4
        Originally posted by landlor View Post
        With the carpet replacing, floor sanding, garden work, oven replacing, etc., it would cover the amount of the bond money, and I think it's reasonable for the tenant to pay for this, as it wouldn't need doing if they weren't living there.
        If they weren't living there, then you would not have had any rental income.

        Wear and tear comes out of the rent, not out of the deposit.

        I would not expect a carpet to last more than 5 years in a let property (well, longer if the same tenants are there for the duration, but I would replace on next change of tenants).

        Was the oven new when tenants moved in?
        If not, then imo you have no claim against tenants.
        have tenants damaged it?
        If not, then the most you could claim for is a clean (if it was cleaned before they moved in)

        Why does floor need sanding?

        You can only claim from deposit for damage caused by tenant, not for deterioration due to normal use.

        You may have a claim for the garden, depending on what the tenancy agreement says.

        But have you not been doing inspections during the tenancy?

        Comment


          #5
          Did you protect their deposit?

          If so, then in the event of a dispute I would expect the scheme to deny most of what you are asking for.

          If not, then you could be in deep trouble.

          Comment


            #6
            Put the deposit 'in dispute' with Scheme ADR. Allow for FW&T in your estimate of cost.
            If your selling why replace the cooker?
            Just get the garden tidied up.

            Comment


              #7
              Originally posted by landlor View Post
              I've emailed the tenants, but they are not happy with this decision.
              I'd be slightly pissed off as well if you suggested that to me.

              A deposit is meant to cover you for any damage caused by the tenant, it is their money, it is not there so that you can do a refurbishment at the tenants expense.

              I assume that you did protect this deposit properly?

              Warning - May Cause Offence.
              I did wonder if this was a windup, but finding your (only other) 5 year old post probably not.
              https://forums.landlordzone.co.uk/fo...arge-my-tenant
              Maybe selling the property and no longer being a landlord would be a good idea.

              Comment


                #8
                Just think how much rent you have taken off these people in the last 5 years and compare to what you want to take on top now. Sounds quite unreasonable.



                Freedom at the point of zero............

                Comment


                  #9
                  You are lucky that the same tenants have stayed for 5 years, as on average it's estimated that each change of tenant amounts to approximately £1600 in cost to remarket, repair, refresh etc. Unfortunately it's landlords like yourself which give landlords a bad rep. I would suggest going onto your Deposit Scheme's website and familiarising yourself with what the deposit can and can't be used for. You definitely cannot charge for direct replacement of items. If you did not provide the tools for your tenants to maintain the garden you won't be able to charge them for that either.

                  Comment

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