Council Paid Deposit

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    Council Paid Deposit

    I have had a council tenant in my property since Jan 2008. At the time LHA had not come into force and the council paid the £850 deposit for the tenant.

    I have just realised that I don't have a signature from the tenant on the inventory form!!!

    The deposit is protected and I have been told to arrange an appointment with the council to inspect the property once it has been vacated. Do I need to get anything from the tenant before they leave (apart from a signature if she plays ball). They originally inspected the property at the start of the agreement to make sure it was suitable and the flat contained certain items of furniture.

    The house is in ok condition (so far) but can I make a claim for damage to laminate flooring (2 areas in the kitchen and living room) and for the poor condition of the bathroom (there was a ventilation problem but I was not made aware until the problem had got extremely bad)?

    Any advice???

    #2
    Originally posted by kay1691 View Post
    I have had a council tenant in my property since Jan 2008. At the time LHA had not come into force and the council paid the £850 deposit for the tenant.

    I have just realised that I don't have a signature from the tenant on the inventory form!!!
    If it was carried out by an independent inventory clerk, this may not be a major problem. It still counts as evidence, just less strong evidence than if the T had signed the inventory check-in.


    The house is in ok condition (so far) but can I make a claim for damage to laminate flooring (2 areas in the kitchen and living room) and for the poor condition of the bathroom (there was a ventilation problem but I was not made aware until the problem had got extremely bad)?
    If the T disputes the deductions you will have a choice as to whether to settle the dispute via deposit scheme adjudication (ADR) or via the county court. The general view is that LLs get a fairer result via the county court, as they judge cases on the basis of a 'balance of probabilities' whereas ADR seems to tend to give the benefit of the doubt to the tenant.

    You mention that some damage was due to T failing to report disrepair - note that the T has an obligation to report disrepair immediately so the T is liable for any additional damage caused due to late reporting.

    Comment


      #3
      Originally posted by kay1691 View Post
      I have had a council tenant in my property since Jan 2008.
      No, you don't. You have a private T whose rent is funded (partly or wholly) by HB/LHA.
      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.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Thanks for the clarification jeffrey!

        Comment

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