TDS and return of deposit

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    TDS and return of deposit

    My previous tenant vacated the property and I returned £550 of the deposit and deducted £300 for professional cleaning, new taps and repainting all the walls. I accidently didn't return £100 of the deposit as an oversight on my part.

    I then received an 'LBA' from the tenant demanding return of the whole deposit and 3x the deposit as the money wasn't in a TDS scheme.

    Where do I stand on this? The tenancy was an AST and started on 29th sep 2007.

    No inventory was done at the start of tenancy either, but I have photos of the walls before they moved in. Would charging for repainting be classed as betterment and was I right to charge for replacing the taps which had become lose and wouldn't turn properly. I havent returned the remaining £100 as I said to the tenant I would wait and see what happened in court.

    #2
    Seems like you've made a bit of a hash of the deposit and the deductions, personally I think you're on a very sticky wicket by not securing deposit and could be liable for 3 x the deposit, you may also come unstuck with the deductions from the deposit, how can you justify any deductions if you have no inventory ?, but how can you justify repainting the walls ? even if you did have an inventory, you have to allow for fair wear and tear, you can't expect your tenant to pay for maintenance and improvements to your property.

    I would be seeing if you could sort this out with your tenant without going to court, if that means giving a full refund on all the deposit, then I would say you've come out very well.

    Just my opinion though.

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      #3
      Originally posted by apples21 View Post
      My previous tenant vacated the property and I returned £550 of the deposit and deducted £300 for professional cleaning, new taps and repainting all the walls. I accidently didn't return £100 of the deposit as an oversight on my part.

      I then received an 'LBA' from the tenant demanding return of the whole deposit and 3x the deposit as the money wasn't in a TDS scheme.
      Er, why was it not protected in one of the three schemes?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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      4. *- Contact info: click on my name (blue-highlight link).

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        #4
        Taps loose? Not sure how that could not be down to either how they were installed or wear and tear?

        As for decoration it is impossilble to judge without seeing before and after pictures and I suspect there is the rub!

        You have already admitted that you had 'accidently' overcharged by £100, surely by not returning this you are forcing your tenants hand, quite possibly to your loss?

        David

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