Tenant moved out but few jobs to do

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    Tenant moved out but few jobs to do

    I have had a difficult tenant just move out and they are hoping to get some of their deposit back. The main problem's are that notice wasn't served by her correctly and I've had to charge 1 months rent which they have agreed to. The property basically sat their empty as they refused to surrender the keys, as i suggested they should, with the hope of turning the proeprty around quickly. I said if i could get it let out quickly i would only charge them until that point. There were also a few jobs in the property that needed doing which i encouraged them to do but they haven't. The main problem is that if i get somebody else to do the work i can claim for it but i don't think the remaining deposit will cover it and also they will not get anything back.

    If i do the work myself, as it is mainly labour, i cannot claim for it but can give them back some deposit. I don't really want to do the work myself for free as don't think this is fair. My solicitor, who is also a district judge, has previously told me that landlords cannot claim for their time and need receipts for all the work carried out if you are to charge against a deposit. Other people have disputed this and claimed landlords can claim for their time and i wonder what the current thoughts are.

    I will probably pay to get some of the work done up to the value of the deposit and then end up doing the other stuff my self for free..

    Thanks

    #2
    Yes you can charge the going rate for your time and expertise, but you should declare the income for tax purposes. Your solicitor is wrong about this.

    Also, if the cost of remedying damages exceeds the deposit, youcn sue your T for the excess - assuming you think it's worth it.
    '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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      #3
      How much deposit do you have? Is it more than the owed rent?
      Who is holding the deposit?
      What does your tenancy agreement with the tenant say about the deposit, and how it can be used?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

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        #4
        After the arrears are taken off there is £290 left of the deposit. I hold it and use mydeposits insurance scheme. I'll have to check on tuesday what AST says about deposit. Thanks

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          #5
          Originally posted by jackboy View Post
          My solicitor, who is also a district judge, has previously told me that landlords cannot claim for their time and need receipts for all the work carried out if you are to charge against a deposit. Other people have disputed this and claimed landlords can claim for their time and i wonder what the current thoughts are.
          I have always believed that landlords cannot charge for their time though I am unable to support the belief with any authority. I note though that Tenancy Deposit Scheme say: It is not usually supportable to claim for the landlord's time and inconvenience however a reasonable claim can be considered if proportionate and supported by comparable examples.

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            #6
            Originally posted by Lawcruncher View Post
            I have always believed that landlords cannot charge for their time though I am unable to support the belief with any authority. I note though that Tenancy Deposit Scheme say: It is not usually supportable to claim for the landlord's time and inconvenience however a reasonable claim can be considered if proportionate and supported by comparable examples.
            The practical problem with getting 'professionals' in to do repairs and cleaning when T vacates is that, understandably, they are rarely able to drop everything and make your property a priority. With student rentals in particular, when tenancies tend to end all at the same time (end of academic year), and LLs do not know in advance what the cleaning/repairs will involve (or even if there will be any to do at all), they cannot pre-book a cleaning company for a certain few days on the understanding that they can send them away if there's not much to do. It doesn't work like that. To keep rents low, you cannot have a prolonged void period to organise these things - the turn round is quite quick. So for practical reasons, many LLs end up doing the cleaning themselves.

            I have submitted several reasonable claims to the DPS for my time when I have had to clean or re-decorate after Ts have left a mess, and even without comparable examples they have not been challenged.

            However, since quotations for such work (whether the work is done or not) are apparently as acceptable to the deposit schemes as actual invoices, I cannot how how the fact that the work is done by the LL makes any difference.

            Not sure what they mean by claiming for the LL's 'inconvennience'...?>
            '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
              I think the point is this: when a contract is breached the main object of any of the remedies the courts can award is to restore the injured party to the position he would have been in had the contract not been broken. Accordingly, when the injured party "employs himself" in connection with making good a breach of contract the court needs to be satisfied that the opportunity is not taken to make money that what not have been made had the contract not been broken.

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                #8
                On the other if one spends 2 hours working to make good a breach of contract, fair compensation should therefore to give him his 2 hours back.
                Time is not free and unlimited. Actually this is the one resource you can never recover.

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