Should I return the deposit?

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    Should I return the deposit?


    #2
    You could have problems claiming dilapidations without an inventory, reciepts or not, but you'll certainly have a claim with the additional rent.
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      #3
      You need to be a bit clearer what happened but if the tenants were on a periodic tenancy and you served them a section 21 notice then they only owe rent for the days they were in occupation. They are not obliged to pay rent till the end of the period as you had served notice. If it had been the tenant serving notice then they would have to pay rent for the whole period.

      As for the damage then I think you would have a claim provided you have a check in and check out inventory to support that the damage was done by the tenants. You should have receipts for items you purchased to do the repairs and then you need to work out how to claim for your time. I've seen a suggested rate per hour for the landlord's time for cleaning mentioned in the forum before so perhaps you could use that? You would also need evidence the work was done perhaps a new inventory and photos? But you can't charge for betterment and should allow for wear wear and tear over the three years.
      ~~~~~

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        #4
        Originally posted by nsiddiqui View Post
        The tenants left after we gave them several notices however, they were due to leave on the 31st March but did not hand over possession until 5th April. They had a periodic AST agreement which clearly stated that it rolled on from a month to month period. Therefore, can we claim the rent for the full month of April?
        Yes I think that would be reasonable; and I'm speaking as a tenant. If they were due to leave on 31st March and stayed til 5th April they should expect it to cost them.

        Also they are now trying to claim back their deposit through the local authority. I haven't repaid it because the property was left in an unbelievably bad condition. It took us two months to get it back to a condition where it was fit for letting again.
        You don't specify what you mean by "unbelievably bad". What was the damage? How much did it cost to get back to a "letable" condition?

        We have photographs of all the damage
        Do you have photo's both before and after the damage? I.e. was an inventory carried out before T moved in?

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