Claiming full deposit from tennant
Discussion
Tenancy on my flat has come to an end and new tenant goes in next week. Went over to flat and check all ok and it's been left in a poor state. Not cleaned, pipe broke, immersion heater not working, most walls require repainting and carpets require professional clean inc oven. The flat was immaculate when handed over to tenant. Am I within my rights to claim full deposit as that will cover my cost to put right the mess. Tennant has contravened tennant agreement. Thanks
No.
You need to get up to speed here mate - a broken immersion etc would never be a tenant's responsibility let alone a deposit issue.
I take it the deposit is held by the DPS (a third party is a legal requirement). If so you need to be systematic, thorough and show proof as they will arbitrate and if you are loose you will lose!
You need to get up to speed here mate - a broken immersion etc would never be a tenant's responsibility let alone a deposit issue.
I take it the deposit is held by the DPS (a third party is a legal requirement). If so you need to be systematic, thorough and show proof as they will arbitrate and if you are loose you will lose!
I take it you had an inventory done prior to them moving in which documents all in good order prior to key hand over?
You will need to get quotes for remedial work to recover money from their deposit for the painting, cleaning e.t.c. but as said, immersion heater issue is nothing to do with them unless obviously vandalized. Then hope they agree to your deductions otherwise you'll have to go down the TDS route which landlords generally get shafted on...
You will need to get quotes for remedial work to recover money from their deposit for the painting, cleaning e.t.c. but as said, immersion heater issue is nothing to do with them unless obviously vandalized. Then hope they agree to your deductions otherwise you'll have to go down the TDS route which landlords generally get shafted on...
Edited by Thermobaric on Sunday 11th June 16:14
In my very limited experience, cleaning and painting can be difficult to recover even physical removal of rubbish left behind/unwanted stuff. Physical damage is far easier like damage to walls and appliances beyond fair wear and tear.
Carpets can be difficult to claim for if generally just dirty and dependent on age (you wild need receipts) but physical damage against is possible. It's not set up in the land lords favour so gaining experience from this is probably the only way to learn the system and what you and can't do. Good luck. It's best to think of the rental as just a thing and not something you have an emotional connection with.
Carpets can be difficult to claim for if generally just dirty and dependent on age (you wild need receipts) but physical damage against is possible. It's not set up in the land lords favour so gaining experience from this is probably the only way to learn the system and what you and can't do. Good luck. It's best to think of the rental as just a thing and not something you have an emotional connection with.
BlueMeganeII said:
In my very limited experience, cleaning and painting can be difficult to recover even physical removal of rubbish left behind/unwanted stuff. Physical damage is far easier like damage to walls and appliances beyond fair wear and tear.
Carpets can be difficult to claim for if generally just dirty and dependent on age (you wild need receipts) but physical damage against is possible. It's not set up in the land lords favour so gaining experience from this is probably the only way to learn the system and what you and can't do. Good luck. It's best to think of the rental as just a thing and not something you have an emotional connection with.
Also - bear in mind reasonable wear and tear for the duration of the tenancy, and the depreciated value of carpets etc.Carpets can be difficult to claim for if generally just dirty and dependent on age (you wild need receipts) but physical damage against is possible. It's not set up in the land lords favour so gaining experience from this is probably the only way to learn the system and what you and can't do. Good luck. It's best to think of the rental as just a thing and not something you have an emotional connection with.
If there's a reasonable expectation that <say> a carpet in a rental property will last <say> ten years, and it's already five years old, then you will be awarded 50% of the replacement cost at most. Likewise if repainting is required - it's not unreasonable to assume that a property will need repainting between tenants if they've been there for more than a few years or if it wasn't freshly painted when they moved in, so the cost would not be awarded.
You cannot require a professional clean - you can require a clean to a professional standard, but if the tenants have DIYed to that standard, that's good enough.
Having a week's void between tenants is also nowhere near enough - you've got to have that work done, ready for the new tenant... What if the old tenant hadn't moved out, and you needed to start the process to gain possession?
Saying "I can prove costs" isn't sufficient, either - you need photographic, signed and dated, check-in and -out inventories showing the degradation in condition.
Edited by TooMany2cvs on Sunday 11th June 18:26
BlueMeganeII said:
In my very limited experience, cleaning and painting can be difficult to recover even physical removal of rubbish left behind/unwanted stuff. >snip<
Carpets can be difficult to claim for if generally just dirty and dependent on age (you wild need receipts) but physical damage against is possible. It's not set up in the land lords favour so gaining experience from this is probably the only way to learn the system and what you and can't do.
Disagree with most of that mate (based on accredited HMO experience). Landlords just need to be fair, honest decent and to have professional fact to back up what they assert in any dispute. This weeds out both rogue landlords and rogue tenants and helps to arrive at fairness, culpability and truth. Happy days Carpets can be difficult to claim for if generally just dirty and dependent on age (you wild need receipts) but physical damage against is possible. It's not set up in the land lords favour so gaining experience from this is probably the only way to learn the system and what you and can't do.
Bit of an issue. She paid up till 14th of this month but left on the 10th. We went in that night and saw all the issues. Claim went in today. She now saying she will take keys back and fix issues as she's paid up till the 14th. Problem is I don't want her back in and we have already started the clean up and painting. What are my options. I guess I should of submitted the claim after the 14th.
DaGuv said:
Bit of an issue. She paid up till 14th of this month but left on the 10th. We went in that night and saw all the issues. Claim went in today. She now saying she will take keys back and fix issues as she's paid up till the 14th. Problem is I don't want her back in and we have already started the clean up and painting. What are my options. I guess I should of submitted the claim after the 14th.
Did she surrender the tenancy specifically, or did you just go in early (otherwise it was still hers until the 14th)?I don't want to bash you further - but this is basic landlord stuff - accidental landlord or not, the same rules apply.
She left on the 10th and this is the 11th. How deep have you got into the work? Are you paying tradesmen or doing it yourself?
I don't think it's unreasonable at all to allow her to remedy the issues especially especially when she's still within her tenancy agreement. It'd be unfair to charge her for the work when she's offered to do it and still paying for the property.
I don't think it's unreasonable at all to allow her to remedy the issues especially especially when she's still within her tenancy agreement. It'd be unfair to charge her for the work when she's offered to do it and still paying for the property.
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