Claiming some of the deposit

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    Claiming some of the deposit

    I've been letting out my house (It's in the UK, it was an AST, tenant gave me notice and has now moved out).

    She's left the garden in a right state though. I told her about it the last time I went to do an inspection and she said yeh, she'd do it. But she hasn't. It's in the contract that she has to maintain it. I've got photographs from the check in to show what it was like before. so I want to keep back some of her deposit. The thing is I couldn't get any gardener to do it. I had a couple look, I had others that just didn't get back to me...in the end, I dragged my dad along and we both got stuck in and got it sorted, it was a day's work for us, and hard work. Now from what I read, if the tenant appeals against my claim, and it goes to an adjudicator, I'm not going to be able to claim for my own time. They'll want invoices from a company and I don't have that. All I've got is a message from one when I asked for just a very rough idea of price and he said £150 to £300. So I've told her I'm claiming £200, which I think is fair.

    I can provide receipts for the bit of weedkiller and tools, etc, but is there any way I'll get any more that that if she argues it.

    #2
    If you have a quote of £150 to £300, a claim of £200 looks like a guess.
    But the tenant might accept it.

    If that's what you've claimed, there isn't much else to do.

    Your claim is for the loss in value of your property beyond fair wear and tear.
    In the tenancy agreement, the tenant agreed to maintain the garden and they didn't, so what you're claiming for is the loss arising from that breach of the contract.

    There's nothing to stop you claiming for your own time.

    If you claim that there was 8 hours work for 2 people to bring the garden back to an acceptable state, and, use 8.21 as the rate (which is the UK minimum wage) that might be a more acceptable claim.
    Explain how you have worked out the claim, and that it was cheaper than paying a third party and the tenant might simply accept it.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Ah I see what you're saying, I just tried to be reasonable and go for the low end of the quote. But yes, it's not the most accurate.

      I just had the impression that if it went to an adjudicator they'd ask for receipts and invoices, and when I can't provide those, because I did it myself, they'll automatically disregard my claim. I guess I'll soon find out.

      She won't accept anything at all in our negotiation so far.

      Comment


        #4
        The fact she won't accept anything you say i think gives you the idea of how this could go, she is simply one '' of those'' who would argue black is white..... all the best.

        Comment


          #5
          As above, youre claiming for your loss, or if you like the damage done by neglecting the garden. As long as you can quantify that you have a legitimate claim. You dont need to even do the work to restore it if you dont want to so youre not really claiming for your time

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