Deposit cock up with tenancy , am I screwed?

[InitialDave]

Doesn't matter. They could've taken a nice big st in the middle of the living room and it'd be the same situation.

No DPS, you can't withhold their deposit, they can take you to court, and you'll be fined X amount above that.

As soon as the lack of proper control of the deposit is in play, the landlord is better to be nice as pie and hope no one feels the need to dig into things.

[Stu08]

Thanks for the clarification on the matter. Appears harsh if the mistake is genuine - However, I understand that the law is the law. It's just a shame that the son really wants to teach the OP a lesson, as I can't figure out what hardship has occurred that the 100% deposit + 20% extra hasn't covered.

Goes to show you really can't make mistakes in these instances.

[alfie2244]

Stu08 said:

alfie2244 said:

I am a landlord myself, the legislation is what it is (rightly or wrongly) and if you don't like it then don't become a landlord. DPS schemes are everyday common knowledge and there is absolutely no excuse for either not using a scheme or not knowing the law / penalties around this.

The OP deducted £500 for 3 No blinds and £100 for cleaning after a 5 year let before making the refund
a) He should have at least allowed for 5yrs of fair wear and tear.
b) £100 cleaning after 5 yrs is taking the pi.s.
c) I would love to have a tenant that left after 5 yrs with only these issues to sort.


Had he not deducted these monies then I doubt the son would have kicked off and asked for the scheme reference.(which he was entitled to do). Even when advised on here to refund in full the OP was reluctant so as far as I am concerned he made a rod for his own back.

FWIW had it been my mother I would have done exactly the same as the son.

If the tenant removed the blinds - is that wear and tear?

I am not a LL so genuinely interested to understand how it would be interpreted.

When I have rented in the past - the letting agency always do an inventory check and bring in professional cleaners (even though my then girlfriend and I kept the house clean and tidy). It appeared to be an accepted part of renting and would come from our deposit, regardless of how clean the house was.

3No Blinds = £500 in a letting property? Even so fair wear and tear of these over 5 years would in effect (IMO) leave them valueless regardless if they were left up or put in a bag (which I find a bit confusing TBH).

£100 /5yrs = £20 peryear. = .50p per week! Unlike some perhaps, if it is cleaned to a high standard then that is fine by me even though I would expect to pay for some extra cleaning myself before the next tenancy started . (If it is clean then the tenants are more likely to look after it I find).

I can't speak for others but I would fully expect to do a light refurb of the whole property including replacement of curtains etc every 5 years and would budget this into my figures accordingly. If the OP thinks it's a PITA having long term tenants he really shouldn't consider short term as he could have easily had 5-10 different tenants over 5yrs and then he would definitely had some headaches.

Unlike many...I do not rely on the rental to provide me with an income............as far as I am concerned they are a long term asset (my pension) being bought, maintained and paid for by A.N.Other.

[Heres Johnny]

Stu08 said:

Thanks for the clarification on the matter. Appears harsh if the mistake is genuine - However, I understand that the law is the law. It's just a shame that the son really wants to teach the OP a lesson, as I can't figure out what hardship has occurred that the 100% deposit + 20% extra hasn't covered.

Goes to show you really can't make mistakes in these instances.

Thing about being a landlord is its not an amateur job, its a business - the deposit is one thing, but then so is annual gas certificates, legionnaires risk assessments, fire alarms, and so on.. Its not the type of thing where a genuine mistake is allowed and there's stuff that you might not dream of that needs doing in your own home. I pay someone to do it all, it costs me but then I don't get the phone calls when the washing machine filter needs doing.

The hardship thing ou mention, in the eyes of the law it's like drink driving - doesn't matter if you got home safely, you put others at risk and in this case she was a "vulnerable old lady".

[superlightr]

Bump - any update??