Return of Deposit Queries

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  • Return of Deposit Queries

    We took out a 2.5 year tenancy in March last year with a 1 year break clause. After moving into the property we had most of it professionally redecorated and dealt with most of the scuffs, holes, poor decoration etc that was noted on the check in inventory. I know that we weren't obliged to do this but we wanted to make the property better to live in. We also did this with our eyes open knowing that the break clause could be exercised.

    Unfortunately after 13 months the landlady has decided to sell the property and we are moving on. I'm not happy about it but we knew the risk that we were taking.

    This landlady has been a nightmare to deal with from the beginning. She let the property to us without mortgage company consent and she was in arrears with the mortgage. We even had bailffs turning up at our door looking for her ex husband.

    I am concerned that we may have difficulty in getting the deposit back from her although it is protected. Two questions:

    1) At the end of a tenancy where there is a dispute over part of the deposit, should the uncontested element be repaid to the tenant immediately?

    2) Where a tenant has redecorated most of a property and dealt with many of the marks, holes in walls etc identified in the inventory at checkin, should the costs of doing so be offset against any deductions for the deposit for new minor issues identified at checkout?

    The property is in much better condition than when we took it on but I want to head off any attempts at minor deductions by pointing to the £2,500 we spent decorating it.

  • #2
    Originally posted by Seminole View Post

    1) At the end of a tenancy where there is a dispute over part of the deposit, should the uncontested element be repaid to the tenant immediately?
    Yes, I think so, although it may be within a certain timeframe specified by the scheme rather than "immediately" (check with the scheme itself).

    2) Where a tenant has redecorated most of a property and dealt with many of the marks, holes in walls etc identified in the inventory at checkin, should the costs of doing so be offset against any deductions for the deposit for new minor issues identified at checkout?
    No. LL has no obligation to reimburse you for any improvement in the condition of the decor. You remain liable for any damage over and above fair wear and tear.

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