Disputing of deposit - unreasonable ?

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    Disputing of deposit - unreasonable ?

    Hi

    We have had a nightmare tenant who we mutually agreed to end the fixed term contract early. She refused builders entry to clean carpets which were damp from flat above flooding, refused entry to builders quoting to fix damp work - or would not return their calls when they phoned to arrange a suitable time. We needed 3 quotes to meet freehold requirements and it took 6 months to get this. We tried being reasonable didn't enter the property without her being there per for requests. Lesson learned we will just give her the 24hrs notice and give keys to the builders next time... She also made endless unreasonable requests which initially we did as we were keen to ensure she had a good tenancy and left us alone. We are keen to just move on, and have only suggested deducting from the deposit the must fix items which were pointed out by the independent inventory company. The flat was left in good condition and I'm not interested in charging for every little tiny bit. I was also unsure how to quote for this, as the check out report took a while to arrive and I had 1 day to get quotes for the work.

    I think we are being fair, but would like some advice as I'm going to give one response to the tenants email and then suggest it goes to the DPS for their ruling if she still doesn't agree to the charges.

    - bedroom one has a water stain on the carpet. This is one of the rooms with some damp to the walls which we were trying to fix during the tenancy. However the report suggested it was from furniture. The quote I have received to make good is £55. This is the only point I think could possibly be contested. The carpet was 6 months old when she moved in and is super resistant / bleech proof etc so could easily have been wiped clean.

    - bedroom 2, tenant poorly repainted the room without permission. She is claiming she had to move her son into the room and wanted to paint it a brighter colour (the room was yellow - she painted it blue??). This needs redecorating prior to renting it out again

    - Bedroom 2 - there is a cigaret burn to the carpet. I don't have a photo of this, but was listed in the check out report with a note suggesting we charge for this. I have the research I've done suggests I can't fix the burn, so a new carpet will be required. Its a small room and I've only charged for the carpet and fitting - there is no need for new underlay.

    - she left rubbish in the basement and food in the freezer. She is protesting the cost to remove this. We have quoted 30. I can either provide a quote from the estate agent who actually charge 50+vat or tell her its the portion of the cleaning bill (I will get cleaners in to fully clean before the next tenants move in).

    The tenants wants access to the property again - I'd like to refuse. Can I ? She also wants to provide her own quotes. Can she do this? I don't want cheap shoddy workmanship - the flat has been decorated to a high quality.

    I would love some advice on where we stand. She's abuses, aggressive and threatens legal action constantly. It's tiring and I'm fed up and I just want this process over with. At the same time I'm not going to be left out of pocket.

    Thanks
    Sara

    #2
    If Tenancy has legally ended (NTQ, Court repo, mutual surrender) T has no right to re-enter to do DIY repairs and no she can't provide her own quotes. Neither do you have to get formal quotes just make sure your deductions are reasonable tradesman fees.
    Clearing rubbish - cost of hire of suitable size skip inc landfill fees + xhrs prof labour.
    Cost of repainting and emulsioning blue room.
    You could always use the LAs scale of charges for your estimate.

    Or you could just forget the claim with the words Good Riddance ringing in her ears.

    Comment


      #3
      thanks for your advice, this is really helpful. I'm new to the forum, what is LA?

      Comment


        #4
        Letting Agent

        Comment


          #5
          I see your location is Australia..........where's the flat?
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            Hi - the flat is in London.
            cheers
            Sara

            Comment


              #7
              hi I moved to Australia last year and have been renting my flat in London.

              tenant is still refusing to cover the cost of repainting the room. Claiming she wanted to make the room look nice for her son. And we are at fault because we didn't fix the damp int eh other room. Which we tried but really struggled when she wouldn't make herself available for quotes, etc...

              I've had enough of her and am really regretting trying to be nice and not charging for everything including loses when she refused entry to cleaners to clean carpets after flooding from upstairs flat.. grr.

              Anyway I'm going to suggest we put this to the DPS. Any tips on submitting the form?

              I've read on their documentation and they ask that only evidence relating to the claim is considered. Should I just provide the independent inventory reports and pre and post photos showing the change in colour? I have a verbal quote form my builder who is doing other work in the property but he's always slow to email through quotes. I've tried chasing him frustratingly but he hasn't returned my call.



              any advice would be greatly appreciated

              Comment

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