Deposit Advice..?

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  • Deposit Advice..?

    Hi,

    I have issues with tenants and a deposit query:

    Tenants have removed matching hardwearing neutral carpets, fit throughout house (1 yr old at tenancy start), with CHEAP RED carpets without my prior knowledge. - these are so cheap that they are already worn on the stairs and WILL have to be replaced by me.

    Tenants have lit fire in garden close to sofit board, which has melted, and ashes have burnt paint on neighbours car.

    Tenants have been abusive to (elderly) neighbours, and generated up to 5 complaints in three years.

    Tenants have let a water leak in bathroom go unreported for 6 MONTHS -full damage unknown, visually Plasterboard, laminate, ceiling and bath pannel require attention, although floorboards may be damaged too.

    Tenants have removed three furn trees (6-7ft) from front garden without asking.

    Tenants have left rubish in front and rear garden for long periods causing other residents in the street to arrange removal themselves.


    Based on this i have formally warned in writing that the contract is in jepordy and the deposit of £600, is significantly below the cost of restoration of the property.

    i have asked the tenant to come back to me in writing with their sugestions as to how to resolove.

    (this was not answered)

    I have now served a Section 21 (no reason given -but obvious) .

    (at this point, tenants new b/f called to request why i will be retaining deposit, and advise me that the tenant could withold rent and remain in property to cause trouble if i dont agree a return)

    At this stage i have only advised of issues, and two weeks later served section21.

    i have not commited to deposit, as beleive this should be a two way street. (deposit is held by me (lawfully) as three yr tenancy)

    I have suggested putting onto a scheme for mediation - this was declined.
    (i didn't make a full itinery on comencement)

    Any advice welcome!

  • #2
    You are not going to like this... but I would be giving it back! You cannot prove the state of the property at the start of the tenancy therefore the tenants could have a good case against you iin court.
    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!

    Comment


    • #3
      An inventory or schedule of condition is not absolutely necessary to prove what was in the property or its condition at the start of the tenancy. They certainly help, but other evidence can be submitted.

      Comment


      • #4
        We may be able to help if you could answer the following:
        1. When did tenancy start?
        2. Is tenancy an AST in England or Wales?
        3. Is annual rent less than £25k?
        4. What itinery did you make (written, photos, video) when tenant(s) checked-in?
        The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

        Comment


        • #5
          I don't think OP is going to come back on this!
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


          • #6
            The original poster was the Tenant in his post a few days ago!
            You are not going to like this... but I would be giving it back! You cannot prove the state of the property at the start of the tenancy therefore the tenants could have a good case against you iin court
            Maybe we gave him exactly the info he wanted

            Comment


            • #7
              Originally posted by Snorkerz View Post
              The original poster was the Tenant in his post a few days ago! Maybe we gave him exactly the info he wanted
              Or maybe he found the love of his life and ran off to Honolulu. Or got swine flu and couldn't face LLZ.
              '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


              • #8
                Originally posted by Snorkerz View Post
                The original poster was the Tenant in his post a few days ago!
                Although in the past we have had members posting the same story from different angles in the hope of receiving different answers, this one does sounds like a different scenario though... no reason why tenants can't themselves be landlords (eg I have some tenants who now let out what was their own home in another part of the country).

                Comment


                • #9
                  Originally posted by Lawcruncher View Post
                  An inventory or schedule of condition is not absolutely necessary to prove what was in the property or its condition at the start of the tenancy. They certainly help, but other evidence can be submitted.
                  Photo's of the property were taken by me and by an agent. (agent not used, but photo's remain on file)

                  Comment


                  • #10
                    Originally posted by tom999 View Post
                    We may be able to help if you could answer the following:
                    1. When did tenancy start?
                    2. Is tenancy an AST in England or Wales?
                    3. Is annual rent less than £25k?
                    4. What itinery did you make (written, photos, video) when tenant(s) checked-in?
                    AST started March 2007.
                    England
                    Yes £595 pcm
                    Photo's only (taken by me and by agent -agent was for sale that didn't continue)
                    No specifics mentioned,

                    Comment


                    • #11
                      Originally posted by Snorkerz View Post
                      The original poster was the Tenant in his post a few days ago! Maybe we gave him exactly the info he wanted
                      Re the mixed message on other posts: my previous house, from previous relationship is rented out. (house #1)

                      I now live in rented house myself. (house #2)

                      (soon to leave current rented house (house #2), as purchasing New house (House #3) with new partner) retaining house #1 as rental property.

                      I hope that is clear. (you can understand why this was not explained)

                      Everyones advice is greatly appreciated.

                      Comment


                      • #12
                        Originally posted by CBrad View Post
                        AST started March 2007.
                        England
                        Yes £595 pcm
                        Photo's only (taken by me and by agent -agent was for sale that didn't continue)
                        No specifics mentioned,
                        If the photos were taken close to the time the property was let, and the agent or photographer is willing to attest to the date of the photos, then this might be sufficient evidence upon which to succeed in a claim against T for damage (or for some of it anyway) - given that some of it is pretty obvious things such as a different carpet and no trees where there were trees before. It would help if you had other evidence such as witnesses to the tree removal, or communications from the T.

                        If you think you can gather some additional evidence or witnesses, and the T is employed, (and therefore has the means to pay if you succeeded in the claim), then it's probably worth a go, as claims in the small claims track are judged on a "balance of probabilities".

                        Comment


                        • #13
                          Upddate

                          I have now received a letter stating that the rent due between now and the end of term is £XXX, therefore £XXX less deposit of £XXX is being paid in full and final settlement. - obviously using deposit as rent so i cant deduct it at end of tenency.

                          This was accompanied by a letter admitting to dammage and removal of carpets etc..

                          I am aware that she shouldn't do this, however what can i do to stop her is the question? (note: cannot send heavies in to a woman!)

                          I have pondered advising her that as she is claiming DSS for rent, this MUST be paid over or it will be Benefit Fraud...? (..well it would be wouldn't it?)

                          As for taking her / them to court, as they are DSS, what chance have i got of ever getting anythiing more than a big fight and loss of my own time and money..?

                          It's looking like i gotta bite the bullet and just accept it. i hvae a waiting tenant, and any dispute could end in further damage to the property or delay resulting in loss of the new tenant.

                          ANY ADVICE PLEASE ANYONE ? (it's almost as if renting is guaranteed hassle!)

                          Comment


                          • #14
                            Originally posted by CBrad View Post
                            I have pondered advising her that as she is claiming DSS for rent, this MUST be paid over or it will be Benefit Fraud...? (..well it would be wouldn't it?)
                            No, unfortunately. HB/LHA is claimant's money, not LL's. However, if more than 8 weeks rent arrears, you can apply to council to have LHA paid direct to you.

                            Originally posted by CBrad View Post
                            As for taking her / them to court, as they are DSS, what chance have i got of ever getting anythiing more than a big fight and loss of my own time and money..?
                            Virtually nil, but may be worth using MCOL (for property damage) to make a mark on her credit file with a CCJ, in case she tries it again. Also, if she has assets/is employed (at some point in the future), a judgement could be enforced.

                            Originally posted by CBrad View Post
                            It's looking like i gotta bite the bullet and just accept it. i hvae a waiting tenant, and any dispute could end in further damage to the property or delay resulting in loss of the new tenant.
                            Yes. Write of losses, learn from mistakes and move on.

                            Originally posted by CBrad View Post
                            (it's almost as if renting is guaranteed hassle!)
                            It is, unless you educate yourself first. HB/LHA is a risk. In future, remember to only accept T's with a deposit & working guarantor in advance of letting.
                            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                            Comment


                            • #15
                              Surely if a tenant claims Housing Benefit and does not pay Rent with it, this is Benefit Fraud. (albeit a mild form)

                              Comment

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