Should I return the deposit?

  • Filter
  • Time
  • Show
Clear All
new posts

    Should I return the deposit?

    You could have problems claiming dilapidations without an inventory, reciepts or not, but you'll certainly have a claim with the additional rent.
    Now signature free.


      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.


        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?


        Latest Activity


        • Reply to Tenant moves his girlfriend in
          by Lawcruncher
          What do the terms of the tenancy say about occupation?...
          01-10-2020, 08:22 AM
        • Tenant moves his girlfriend in
          by Hollywood
          Hi all, I've searched for similar thread but didn't succeed.
          My Tenant of 14 months, now on a SPT, has moved his girlfriend in. I'm ok with arrangement, it was mentioned by him when he first moved in but they split and nothing happened until now. He has been a good tenant so far & kindly...
          30-09-2020, 14:12 PM
        • Reply to Ending Joint Tenancy & Agency Fees
          by Darkside
          Just thought I'd update this and summarise. Thanks for all replies so far and apologies if what I am saying is confusing (some of it doesn't really make sense to me either).
          Our previous FTA ended on 19-09-2020 between myself and two others (joint tenancy). On the 20-09-2020, one of the others...
          01-10-2020, 08:06 AM
        • Ending Joint Tenancy & Agency Fees
          by Darkside
          Hi everyone,

          I've already found a great deal of useful information on this forum so many thanks to all these knowledgable posters!

          I entered into a joint fixed term tenancy agreement with two others. The fixed term runs for 12 months and the wording in case it helps is 'The...
          06-09-2020, 08:05 AM
        • Reply to Boiler repair - tenant checked into hotel
          by tatemono
          I think you've done all you can in the situation including what many would not in offering your own facilities. I think, given the T's circumstances she would have been in her right to argue for some reduction in rent due to the inconvenience of not having all that she paid for. Perhaps you could negotiate...
          01-10-2020, 07:51 AM
        • Boiler repair - tenant checked into hotel
          by tedcbe
          Hi I have a tenant who has checked into a hotel due to the fact that the boiler broke down and says she will reduce the amount in the next month’s rent.
          I have never agreed for her to check into a hotel in the first place.
          She reported there is an issue with the heating on Sunday night...
          30-09-2020, 22:30 PM
        • Reply to Tenant moves his girlfriend in
          by tatemono
          That's the only thing we've ever done when partners move in... based on advice on these forums I should add!...
          01-10-2020, 07:46 AM
        • Reply to Deposit Protection Rules?
          by jase222
          There was a case in Bristol similar where the judge rule that the landlord was right to give the original tenant the pi only and didn't need to for a later tenant but I know there was other info about the case, worth no win no fee tho
          01-10-2020, 07:12 AM
        • Deposit Protection Rules?
          by Nips
          Hi all ex tenant here, hoping someone can help as I can't find a lot of concrete advice online. Basically, I ended a very stressful tenancy in Aug 2019. There was a lot of back and forth, unclear info, and formal complaints, plus at the end of the tenancy they scalped us with deposit deductions. Just...
          30-09-2020, 17:43 PM
        • Reply to Deposit Protection Rules?
          by MW1985
          It is worth seeking with a no win no fee firm in this scenario. I would offer my opinion to say that the LA were remiss in not providing you with the deposit information. How were you to know the details contained within the Prescribed Info?
          It sounds as if some short cuts were taken by the...
          01-10-2020, 06:05 AM