Deposit cock up with tenancy , am I screwed?

Deposit cock up with tenancy , am I screwed?

Author
Discussion

Grunt Futtock

Original Poster:

334 posts

100 months

Friday 26th May 2017
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Moominho said:
I do agree that you don't seem to be the nicest LL. You've had a consistent tenancy for 5 years, not bothered to protect the tenancy and then taken the mickey with cleaning fees and some blinds. Despite the 5 years of rent being paid. A long term tenancy like that is the dream of most landlords, it's hardly worth penny pinching at the end - you're lucky a lot more work doesn't need doing.
Well you don't know the whole story, at the beginning of the tenancy I fitted a disabled access wet room with shower seat etc. at my cost in return for a 12 month tenancy agreement. I also had the kitchen refurbed mid tenancy as it was tired, didn't have to but did so because of the tenant being a good one.



alfie2244

11,292 posts

189 months

Friday 26th May 2017
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Grunt Futtock said:
alfie2244 said:
Not that it matters but as you broke the legal law of the land by not using a deposit scheme would that not invalidate your "contract law" contract with the tenant?

After 5 a yr tenancy I would be expecting to do a complete makeover (fair wear and tear etc) of the whole property costing more than £600 and have that factored into my business model.
I have spent about £1200 on other refurb work since the end of tenancy, I had factored this in.
thumbup

So £500 blinds apart, the kitchen was a bit greasy and needed a clean is the only factor down to the tenant? Sounds like a bloody good tenant compared to some I have had for a far shorter time wink

InitialDave

11,921 posts

120 months

Friday 26th May 2017
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You could've had half a dozen different tenants in that same period, each one of which could've shafted you on the condition of the house to a cost greater than the £500 deposit, and still got this and more back off you because you didn't put it in the proper scheme like you should've done.

FFS send the old dear a nice bunch of flowers and a card and hope you haven't annoyed her son enough to pursue you over this, because I quite possibly would if I felt my stereotypical Dear Old Mum was getting hassle.

Move on. Clean the kitchen. Buy some (cheap) blinds. Put the next tenant's deposit in the bloody deposit scheme.

CABC

5,588 posts

102 months

Friday 26th May 2017
quotequote all
lot of comments on here from entitled snowflakes.
OP didn't say he was running off with the deposit.

Vote Corbyn. What could possibly go wrong.

Blaster72

10,858 posts

198 months

Friday 26th May 2017
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CABC said:
lot of comments on here from entitled snowflakes.
OP didn't say he was running off with the deposit.

Vote Corbyn. What could possibly go wrong.
The OP did say he was running off with several hundred quid from the deposit actually. That's the whole premise of this thread.


CABC

5,588 posts

102 months

Friday 26th May 2017
quotequote all
anonymous said:
[redacted]
that's a whole separate conversation, and i agree with your concern. I don't think BTL is responsible for house price escalation, rather it's down to rapidly increasing demand and limited supply. Further, apart from uk residents engaging in BTL the UK also enabled foreigners to buy property in the UK on favourable tax terms (cap gains exempt). I believe in free markets, for the most part, but allowing non-residents to invest in uk property free of uk tax was naive.


C70R

17,596 posts

105 months

Friday 26th May 2017
quotequote all
CABC said:
lot of comments on here from entitled snowflakes.
OP didn't say he was running off with the deposit.

Vote Corbyn. What could possibly go wrong.
Jesus. What a terrible post. Literally contributing nothing to the thread or discussion, and turning it into political grandstanding.

Du1point8

21,609 posts

193 months

Saturday 27th May 2017
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desolate said:
5 yr tenancy and you think charging 100 quid for a clean is "entirely reasonable"?

Jog on.
Its wrote into my contract... me as the LL paid 150 quid for the first clean, every tenancy from then has to do the same for the next tenancy, I dont see the issue with this charge.

Biker 1

7,738 posts

120 months

Saturday 27th May 2017
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£500 for blinds yikes
I'm guessing this would be the main objection from the tenant. You may have grudgingly got away with the cleaning bill, but come on.... I replaced my blinds in my house after 5 years as they were full of squashed flies/spiders (fair wear & tear????), & they came to not even half this amount for decent blackout items!!

Biker 1

7,738 posts

120 months

Saturday 27th May 2017
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Du1point8 said:
Its wrote into my contract... me as the LL paid 150 quid for the first clean, every tenancy from then has to do the same for the next tenancy, I dont see the issue with this charge.
Surely this should be rolled up in the rent??
I suspect most people don't read that part of the small print & believe they will get what they see as all of their deposit back, providing the place is left tidy with no rubbish. Surely a rental place would need re-decorating, & thus cleaning, after 5 years when a tenant moves on? Seems like profiteering to me.

myvision

1,946 posts

137 months

Saturday 27th May 2017
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I'm currently going through this with a greedy landlord from my old digs he's claiming for the most stupid of stuff like dents in the carpet where bed wheels were or, the £35 to put the salad draw back in the fridge because we left it on top.
Two years we were there without issue and left the place a damn site cleaner than when we moved in he's just trying to keep £750 of the deposit.
Two bulbs £90 where the fk is he buying his bulbs?

anonymous-user

55 months

Saturday 27th May 2017
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Du1point8 said:
Its wrote into my contract... me as the LL paid 150 quid for the first clean, every tenancy from then has to do the same for the next tenancy, I dont see the issue with this charge.
So 5 year tenancy, tenant leaves to go in a home. You charge 150 quid for a clean?

Disgraceful.

InitialDave

11,921 posts

120 months

Saturday 27th May 2017
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Biker 1 said:
Surely this should be rolled up in the rent??
I suspect most people don't read that part of the small print & believe they will get what they see as all of their deposit back, providing the place is left tidy with no rubbish. Surely a rental place would need re-decorating, & thus cleaning, after 5 years when a tenant moves on? Seems like profiteering to me.
Also, whether it's morally right or wrong, legal or not, it really is an awful lot easier in life to just play it straight with stuff, and this is more true the smaller an amount of money you're talking about.

Put the rent up ~£12 a month if you want that £150 so badly.

Moominho

894 posts

141 months

Sunday 28th May 2017
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CABC said:
lot of comments on here from entitled snowflakes.
OP didn't say he was running off with the deposit.

Vote Corbyn. What could possibly go wrong.
Not quite sure what the point of this was, but part of the reason that there is pressure for political parties to clamp down on LL's is to do with situations like this.

The OP "forgot to protect" the deposit, and was trying to squeeze the tenant for a few quid at the end of a tenancy, despite 5 years at the same place. if not agreeing with that is being an entitled snowflake, then I guess I am.

Fats25

6,260 posts

230 months

Sunday 28th May 2017
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desolate said:
Du1point8 said:
Its wrote into my contract... me as the LL paid 150 quid for the first clean, every tenancy from then has to do the same for the next tenancy, I dont see the issue with this charge.
So 5 year tenancy, tenant leaves to go in a home. You charge 150 quid for a clean?

Disgraceful.
Sorry I'm with OP and poster above.

I have a similar clause too for my property that is rented. I give the tenant the option to organise themselves (a particular service with a particular company), or I organise it and remove from deposit. Also have the same for carpet cleaning.

Did have one tenant tried to do it on the cheap, did not use the company we recommended, and we had to get the original company back in. We charged for this reclean from deposit. I always advise to use the original company not because I have any affiliation, but they are good, and I know if the tenant has bought the same service then the tenant has done the best they could. Last time around the company didn't perform to usual standards, so I didn't withhold from deposit, but went to cleaning company and got a reclean from them.

I have never refunded entire deposit to a tenant, but also never had any arguments about what was withheld and why.

Also have over £2000 worth of blinds in house too, but deposit is more than that and i would withhold it if they'd been ruined.

Deposit is in the scheme though. Bad form by OP not to do this, but think he knows this, and it has bitten him worse !

Also had the shoe on the other foot when renting in the past, and never got full refund of deposit, but again no arguments this way.

CABC

5,588 posts

102 months

Sunday 28th May 2017
quotequote all
Moominho said:
Not quite sure what the point of this was, but part of the reason that there is pressure for political parties to clamp down on LL's is to do with situations like this.

The OP "forgot to protect" the deposit, and was trying to squeeze the tenant for a few quid at the end of a tenancy, despite 5 years at the same place. if not agreeing with that is being an entitled snowflake, then I guess I am.
It came from the imbalance of posters not seeing that both sides had broken a contract.

InitialDave

11,921 posts

120 months

Sunday 28th May 2017
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CABC said:
It came from the imbalance of posters not seeing that both sides had broken a contract.
I think a few of us are more "fk the contract, you've put yourself in a position to get shafted here, so play nice to try and avoid it".

Whether or not the tenant broke a contract won't change this stiuation.

Du1point8

21,609 posts

193 months

Sunday 28th May 2017
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anonymous said:
[redacted]
Its not about extracting more money.

I paid to have the whole property deep cleaned before the tenant moved in and the property did not get dirty from muddy shoes, etc... If its not rented in 6 weeks, then the tenant is told that it will get another clean before they move in.

The contract states that the property must be returned in the same state and lists a few companies that neither I or the management company have a connection with, this is pointed out to the tenant before signing so they understand that I expect it as clean as when they moved in otherwise I will charge them as its unfair on the next tenant.

Im lucky that the property is in central london so is never really empty at all for a long period of time.

V8LM

5,174 posts

210 months

Sunday 28th May 2017
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Tenants have finally moved out of our place.

We've had to have contractors in to clean, remove the crap, replace the carpets, refit the bathroom, fill in holes in the wall, replace fence panels, ...

Pay the Council Tax, ...

This after 7 months of them paying NO rent.

And now we have to write to them to ask for them to release the deposit!

anonymous-user

55 months

Monday 29th May 2017
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i have to admit after watching cant pay wont pay honest LLs get a bum deal.

it seems the system has gone the other way. So many time a high court rite to get an eviction then same process to get money back.

there has to a better solution and quicker process when they stop paying.