Return of deposit

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    Return of deposit

    Folks,

    has anyone been in a similiar sutuation to this and what was the outcome?

    We had a single tenant move in 24th Sept 2006, paid a month up front and paid the deposit. Standard 6mth AST (Scotland)

    3-4 weeks later, we got a phone call from the comittee chair who looks after our flats saying their had been a disturbance at our flat, police were called and a man had been arrested. Turned out he was a former boyfriend..you get the story. We managed to arranged a viewing. Flat was ok, apart from some blood on the kitchen blind!

    Rent was paid on 24th Oct on time.

    We decided that no-matter what, we would not allow the tenancy to go periodic, so informed her of this fact and got our solicitors involved to server the appropriate paperwork. Before we could do that, she told us she would be moving out early as she was not settled. She gave us various dates in Nov that all came and went.

    She eventually decided on Nov 30th, so we told her we would be expecting rent to be paid in 24th Nov as it was due a month in advance and it was her choice she was leaving part way through the month. She arranged for us to meet her at 7pm that night, but she never turned up, so we left. She txt'd us later to say she had left the keys in the letterbox and sure enough, there they were.

    So, we're glad she's gone, but she's now asking for her deposit back. We know we've to replace the blind in the kitchen, but apart from that, the flats ok. She also lived in the flat for 6 days without paying any rent.

    Question is then, are we entitled to keep the deposit as payment for the last months rents, even though she left before the rental period was up? Or should we calculate the number of days she was still a tenant and deduct that from the deposit, along with the blind repair and return the rest of the deposit to her? (£475 was the deposit).

    Thanks for any advise forthcoming.

    Cheers

    Sean.

    #2
    Not sure how Scottish law applies, but you should be able to regtain the deposit until you find another tenant, making sure you make a genuine effort to find one.
    This is because she has left before the end of the fixed term.

    You can also deduct money for the damage, showing receipts for the cost of replacement.

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      #3
      Originally posted by RichieP View Post
      Not sure how Scottish law applies, but you should be able to regtain the deposit until you find another tenant, making sure you make a genuine effort to find one.
      This is because she has left before the end of the fixed term.

      You can also deduct money for the damage, showing receipts for the cost of replacement.
      And what about the period of time she was in the flat that she paid no rent for?

      Comment


        #4
        With the same reservation about scottish law, I would venture that you could claim those seven days from the deposit, and as the previous post says, you could claim the further days the flat remains empty until it is re-let, which could easily swallow the whole of the deposit, and more.
        In England, any landlord would be likely to claim rent from the tenant whilst the flat was still empty, over and above the amount of the deposit, if it was still in the fixed term of the contract the tenant has signed, as they have promised to rent for that fixed period. If the tenant refused to pay, they could be taken to court. But there is little point taking a tenant to court who would not be able to pay.
        All posts in good faith, but do not rely on them

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