return of deposit

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    return of deposit

    hi
    can any1 help... over 2 yrs ago now i had tenants move in... 2 my knowledge the TDS scheme was not out so i have hold of the deposit.. the entire house was decorated and immaculate b4 they moved in and the garden(which is extremely large) had been weeded etc so neat and tidy.... when they moved out i found out they had had a dog there which had gnawed a hole in my landing carpet and the wood work in my porch, paint had been spilt on another carpet in bedroom, a curtain pole had been broken, i had mould all over the bathroom where the window had never been opened, a large dent in a door and the garden left overgrown and full of weeds... The tenants are demanding all of their deposit back saying it was all fair wear and tear over 2 yrs???? I have also been stupid and did not do a full inventory...
    where do i stand????

    #2
    No inventory means you will find it hard to defend in court. Therefore you should hand deposit back

    Also what date did the tenancy start? TDS came in 6th April 2007 (I think!)
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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      #3
      Originally posted by tasha View Post
      hi
      I have also been stupid and did not do a full inventory...
      where do i stand????
      Without an inventory signed at the start, you do not have much of a case for applying their deposit against damages. You could try negotiating, especially over the paint on the carpet though.
      I offer no guarantee that anything I say is correct. wysiwyg

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        #4
        ok... so does that mean i have to swallow the loss on puttin right the damages an learn by this mistake??????
        thanku for advice

        Comment


          #5
          sorry.. tenancy started in feb that yr 07

          Comment


            #6
            Originally posted by tasha View Post
            ok... so does that mean i have to swallow the loss on puttin right the damages an learn by this mistake??????
            thanku for advice
            Since you have not had to protect the deposit and still have it, you could try issuing her with an invoice/estimate for the damage, and keeping some of the deposit back to cover it. The risk of doing this is that she could sue you for it, and she would have a good case as you did not conduct a detailed check-in inventory.

            On balance, I agree with justabout sane : hand it back; live and learn.
            '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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              #7
              ok live an learn... will certainly not be makin same mistake... thanku for advice and quick reply

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                #8
                Just a thought : did you tenancy agrement specifically ban pets/dogs?

                If it did, I think there is scope for claiming some of her deposit as she would be less likely to sue you if she has demonstrably breached the contract.
                '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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                  #9
                  it never stated.. the house is a family home.. would not have said no to her having any pets if asked, would have just asked her to make sure any damage was sorted out as i am aware what pets can do...she denied having a dog there..said it was a friends visiting... neighbour told me was hers as he had 2 put up fence 2 stop dog going in their garden.

                  Comment


                    #10
                    If you have reliable evidence that she tried to disguise the fact that she was keeping a dog there, you may have more of a case. It might suggest she knew that the dog was causing damage, etc.

                    Can you put a figure on the cost of returning the house to its former glory minus 2 years' fair wear and tear?

                    What do you think her reaction would be to your making a deduction of that size?
                    '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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                      #11
                      just found in contract...

                      under b12 proper conduct
                      (h) keep any dog, cat, bird or other animal or reptile in the property without the landlords prior written permission, which will not be unreasonably withheld.......
                      do i have grounds to keep any deposit?????????

                      Comment


                        #12
                        Originally posted by tasha View Post
                        just found in contract...

                        under b12 proper conduct
                        (h) keep any dog, cat, bird or other animal or reptile in the property without the landlords prior written permission, which will not be unreasonably withheld.......
                        do i have grounds to keep any deposit?????????
                        Morally : yes. Legally : less certain. I would have thought probably, in the circumstances, as long as you have evidence/witnesses to the fact she kept a dog. Your problem may be that she could claim in court (if push came to shove) that your house was a dirty, smelly flea-infested place to begin with. In the absence of an inventory you would find it hard to disprove this, although if you have any photos taken when you lived there yourself, that would help support your case. Also, it may be a 'balance of probabilities' issue and it would seem unlikely that she would have moved into a house in that state...I'm on shaky ground here - perhaps someone with more legal experience could comment?

                        How much money are we talking about?

                        Is she the litigious sort, do you think?
                        '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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                          #13
                          she wont be a happy bunny... she came round 2day whilst i was there still trying 2 do house back up demanding her money back.. but as yet still have not recieved the last months rent.. me being coward and on own did not dare say anything to her or partner.. just said the last months rent needed to be resolved first... she kept very quiet about the hole and gnawed wood.. but had admitted to it when handing back keys

                          Comment


                            #14
                            Originally posted by tasha View Post
                            she wont be a happy bunny... she came round 2day whilst i was there still trying 2 do house back up demanding her money back.. but as yet still have not recieved the last months rent.. me being coward and on own did not dare say anything to her or partner.. just said the last months rent needed to be resolved first... she kept very quiet about the hole and gnawed wood.. but had admitted to it when handing back keys
                            It's up to you. My reaction would be to give/post to her an itemised bill for the damage (you still haven't said how much it is actually costing you?), and whatever is left of the deposit (if anything). Make reference to damage done by dog kept in breach of TA. Then stand back and see what she does. If she gets stroppy and threatens court action, you may decide it isn't worth the hassle. Without knowing the amounts involved, it's hard to advise you further.
                            '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

                            Comment


                              #15
                              im not sure what she will do.. she is on social an does not have alot of money.. so far it has cost me £600 which i would not bill her for all of that.. still need to sort out carpet damage plus wood and other flooring damages the end bill is going to add up scarely.. every1 who knows me can vouch that i would not let out a house i would not be happy to live in..

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