Money owed from joint purchase, allowed to be deducted from bond?

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    Money owed from joint purchase, allowed to be deducted from bond?

    Hi.

    Following a hassle free 9 month tenancy, my tenant asked me to renew the kitchen in my house, and offered to make a contribution towards the purchase of it.

    I didn't really want to renew the kitchen at that time as although it was a little dated, it was still in perfectly good condition. I came to an agreement that I would renew the kitchen on a 50/50 basis, as the tenant gave me many assurances that she would like to stay for many years, and that I would accept an additional payment on top of her rent ( which would be frozen for this period) for 24 months.

    I covered myself by asking for the tenant to sign an agreement saying she would repay the remaining balance she owed should she move out, before the amount she owed was repaid. This was done, the kitchen was jointly chosen, and installed.

    9 months into the agreed 24 month period, the tenant gave me notice to move out, citing conflicts with a former boyfriend who had moved close by as the reason she wanted to move out. I accepted the notice, but asked that a little under half of her remaining balance be repaid at the end of the tenancy. She agreed to this and asked for it to be taken from her bond.

    I have since given her references for her new house, only for her to contact me the following week saying she does not want to pay the agreed upon balance, and has threatened to have 'half of the kitchen removed' if I try to retain her bond to cover this.

    My questions are... As this agreement was separate from tenancy agreement, am I within my right to ask the dps to retain the deposit to cover the money owed?

    And

    Where do I stand legally if she purposefully try's to dismantle the kitchen in terms of criminal damage?

    Apologies for any poor grammar, it's been a long day and have written this on my tablet.

    #2
    As this agreement was separate from tenancy agreement, am I within my right to ask the dps to retain the deposit to cover the money owed?

    If it is indeed separate, then no.

    Where do I stand legally if she purposefully try's to dismantle the kitchen in terms of criminal damage?

    The new kitchen is part of the property and the tenant cannot remove any of it. If she does it may be criminal, but I doubt the police will be interested.

    *

    You do need to be sure the separate agreement is enforceable. What does it say?

    Comment


      #3
      The wording is as below:

      'It is agreed that ............. (tenant), will repay the sum of ***** to Leo McNeice (landlord)for a 50% share of the installation and purchase of a new kitchen at....................... (address). This repayment will be made via an additional *** being made on top of the **** by the 1st of each month beginning on 1/7/15, and ending on 1/6/15 (24 payments). Should the tenant decide to leave the property before the balance is repaid, I agree to make a full payment for the remaining balance upon moving out of the property.

      Should the landlord fail to fulfill his obligations on the existing tenancy agreement, thus resulting in the termination of the tenancy, the remaining balance will not need to be repaid by the tenant.'

      The document is then signed and dated by both parties.

      Comment


        #4
        I am no expert on the finer points of the law of contract, but the above looks unenforceable as it lacks any consideration.

        Comment


          #5
          Could this be viewed as a loan agreement as it defines 'repayment' terms?

          It seems that the agreement was that the kitchen would be replaced and that costs would be shared equally. Then it was in effect also agreed that the landlord would loan the tenant her share, to be repaid over 24 months.

          Comment


            #6
            How much much money is at stake here?
            '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

            Comment


              #7
              The landlord agrees to supply a kitchen, the tenant agrees to pay for 50% of it over a period.
              That's consideration - a benefit to be supplied and a promise to pay.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Originally posted by mind the gap View Post
                How much much money is at stake here?
                Around £800.

                Comment


                  #9
                  I think we need to avoid reading into the agreement what we know because we have been told it.

                  Comment

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