Claiming from T's deposit?

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    Claiming from T's deposit?

    Hi,

    I need some advice - my T moved out 1st Sept & there were some damages & I want to take £375 from there £950 deposit to cover it all.

    I informed my LA this with the breakdown of the cost so they could let the T's know.

    My LA said the T need to agree this before they can take the £375. Well my LA spoke to 1 of the T's & they needed to speak to their partner just to agree!

    Now it has been nearly 2 months & my LA tells me they have left messages with the ex T but no reply.

    So where do I stand? Simply the LA doesn't care but I need that money as I've paid out. The money is in the deposit protection scheme & obviously the T isn't bothered otherwise they would have been in contact!

    What can I do, can I just tell my LA to give me the money?

    Thanks

    #2
    Tenant's deposit

    I had this situation, with some fairly minor damage, and wanted to withold part of the deposit. The LA said the tenant had to agree which i thought was crazy - why would they? Well, the fact is, they won't get back ANY of the deposit while it's in dispute, so they are likely to agree and then the LA can release the rest. Also, I usually get the LA's contractors to do the repairs, then I don't have to shell out directly - the invoice gets paid directly by the deposit. The tenants in this case were keen to collect the remainder of their deposit and so readily agreed to the reasonable charges.


    However, this does seem to have changed only recently... About three years ago we had one nutter in a flat, whose boyfriend broke through the wall of the bedroom trying to get to her! (The mind boggles!) - anyway, about 96% of their deposit was used up repairing the damage... Luckily they didn't have to "agree" in those days, otherwise they may have caused problems.

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      #3
      Originally posted by IanSimpson99 View Post
      I had this situation, with some fairly minor damage, and wanted to withold part of the deposit. The LA said the tenant had to agree which i thought was crazy - why would they? Well, the fact is, they won't get back ANY of the deposit while it's in dispute, so they are likely to agree and then the LA can release the rest. Also, I usually get the LA's contractors to do the repairs, then I don't have to shell out directly - the invoice gets paid directly by the deposit. The tenants in this case were keen to collect the remainder of their deposit and so readily agreed to the reasonable charges.


      However, this does seem to have changed only recently... About three years ago we had one nutter in a flat, whose boyfriend broke through the wall of the bedroom trying to get to her! (The mind boggles!) - anyway, about 96% of their deposit was used up repairing the damage... Luckily they didn't have to "agree" in those days, otherwise they may have caused problems.
      You do not seem to understand the principle of 'deposit protection'. It doesn't 'seem' to have changed, it has changed. Even if the deposit is 'in dispute', the tenants may well get it back in the end - the scheme appoints an arbitrator. The onus is on the LL now to prove that dmage was done or cleaning required. Without a rigorous inventory agreed by both parties at the outset, you will not be able to claim anything.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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