Claiming full deposit from tennant
Discussion
Lesson to be learnt here. Wait until the end of the tenancy before notifying of any proposed deductions.
It would be reasonable to return keys but I wouldn't expect an acceptable job. Think of the state they thought it was reasonable to leave the property in. You think they'll suddenly rectify everything?
In the cases I've seen where tenants were allowed back to sort stuff, it still needed going over again...
It would be reasonable to return keys but I wouldn't expect an acceptable job. Think of the state they thought it was reasonable to leave the property in. You think they'll suddenly rectify everything?
In the cases I've seen where tenants were allowed back to sort stuff, it still needed going over again...
DaGuv said:
I have cancelled the claim for now and will look into it again after the 14th. Lesson learnt. I'm still going to the claiming for costs.
Do you have a photographic check-in inventory, signed by the tenant?How long have they been in the property?
How long since last redecorated?
TooMany2cvs said:
Also - bear in mind reasonable wear and tear for the duration of the tenancy, and the depreciated value of carpets etc.
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.
^^^very good post, although the landlord/agent can require a professional (cleaning contractor) clean be carried out at the end of the tenancy, if the same is included in the tenancy agreement AND the landlord/agent can prove that the same was carried out prior to the commencement of the tenancy.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
If a dispute is raised by the tenant against a deduction from the Deposit, then the landlord/agent will need to have carried out an opening inventory at the commencement of the tenancy, the same conducted, carried out by an independent person, with photographic evidence and receipted, witnessed by both the tenant and landlord/agent. The same applies to a closing inventory.
In thirty plus years of being a landlord, the same covering fifteen properties, I have only made two deductions from tenants Deposits, one resulting in the tenant raising a dispute under the tds. I lost that decision, and that experience of bad feeling between myself and the departing tenant, together with the time involved dealing with the dispute, I now work with the departing tenant to agree an amicable settlement. Bad feeling between a departing tenant, particularly with flats, the same can lead to distrust and discord with the other flat’s tenants, including the newly arrived tenant/s.
DaGuv said:
I have checked that. I had it done 18 months ago and a new one isn't required.
^^^^^That is presently the case under the Landlord and Tenant Act 1985, landlords only need to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity. However this landlord always carries out both electrical and gas safety checks in between a tenant departing and a new tenancy commencing.
Under the new provisions of the Electrical Safety, Part 5 of the Housing and Planning Act 2016, the same intended to come into force October 2017 the Secretary of State may impose annual electrical checks covering the following:
the installation in the premises or the supply of electricity; or
electrical fixtures, fittings or appliances provided by the landlord.
The landlord’s obligations are expected to include duties to ensure that a suitably qualified electrician has checked that the standards have been met, that they obtain a certificate confirming this with a copy provided to the tenant or any other relevant person.
Landlords who fail to comply with the ‘electrical safety standards’ could face a financial penalty and with the Tenant’s consent, the local authority may enter the rented property and remedy any electrical safety failure.
In essence, the provisions appear to be making fixed wiring and PAT tests a legal requirement for Landlords.
DaGuv said:
. I'm a first time landlord with very little experience.
so why are you not using an agent to help you? You would have to be Mad to try DIY letting with no experience and on your first letting. Bonkers.How did you find the tenants, how did you reference them, who did the tenancy agreements, did you give the right documents at the start?
Is your property compliant? - Wings has touched on part of it but there is a lot more.
Did you give the prescribed info when the deposit was registered and start of the tenancy?
Another issues - so you went into the property before the tenancy has ended ! - you don't understand the legal term of surrender and if you tenant did or didn't etc. Perhaps the tenant left it in great condition but since you have been in/workmen have been in the carpets are dirty........
Who did your inventory?? I bet if you did your own it will be absolutely inadequate.
Apologies for being very blunt - but if you don't know what your doing then don't do it. Letting is a legal minefield and it is so easy to fall foul of the law on many different areas.
Edited by superlightr on Monday 12th June 16:09
Edited by superlightr on Monday 12th June 19:19
superlightr said:
so why are you not using an agent to help you? You would have to be Mad to try DIY letting with no experience and on your first letting. Bonkers.
How did you find the tenants, how did you reference them, who did the tenancy agreements, did you give the right documents at the start?
Yes at least read up.How did you find the tenants, how did you reference them, who did the tenancy agreements, did you give the right documents at the start?
Unless you have written permission from your tenant entering the property whilst they are still in tenancy and doing work is a big no no. Also putting a claim in for deposit deductions when they are still in tenancy is a bit keen to say the least.
You should of done a pre-inspection agreed with them and talk them through the things that need doing prior to exit. Why do you appear to not said anything or given them a chance to make good the property?
Do you have an agreed inventory of condition? If you haven't you don't have a leg to stand on.
You should at least read up on these things before bumbling along into hot water.
Are you re letting the property?
Thermobaric said:
Lesson to be learnt here. Wait until the end of the tenancy before notifying of any proposed deductions.
It would be reasonable to return keys but I wouldn't expect an acceptable job. Think of the state they thought it was reasonable to leave the property in. You think they'll suddenly rectify everything?
In the cases I've seen where tenants were allowed back to sort stuff, it still needed going over again...
I have never had an issue always doing an inspection in the last week give them a heads up as to what could be an issue so they can get it done.It would be reasonable to return keys but I wouldn't expect an acceptable job. Think of the state they thought it was reasonable to leave the property in. You think they'll suddenly rectify everything?
In the cases I've seen where tenants were allowed back to sort stuff, it still needed going over again...
Personally never used a pro cleaner have my own wet vac and my mum always comes over and helps get the cleaning sorted as she have me pay anyone. I lost £200 on one deposit over a pin dent in a fridge, a dusty blind I mist and allegedly several lights bulbs died the day after check out. Other than that full recovery and landlord happy on my lets.
Thermobaric said:
Some agents/landlords take the piss with light bulbs sadly. A bulb out? That'll be £60 to send an electrician round to replace it...Doesn't happen to often these days but it certainly does happen.
Bulbs are a tenant's responsibility.If you got a tradesman in to replace a light bulb in your house, rather than just doing it yourself, what would you get charged for it?
TooMany2cvs said:
Thermobaric said:
Some agents/landlords take the piss with light bulbs sadly. A bulb out? That'll be £60 to send an electrician round to replace it...Doesn't happen to often these days but it certainly does happen.
Bulbs are a tenant's responsibility.If you got a tradesman in to replace a light bulb in your house, rather than just doing it yourself, what would you get charged for it?
I've never heard of anyone paying a tradesman to change lightbulbs, unless your physically unable to due to being elderly or disabled then it's just tragic.
BlueHave said:
TooMany2cvs said:
Thermobaric said:
Some agents/landlords take the piss with light bulbs sadly. A bulb out? That'll be £60 to send an electrician round to replace it...Doesn't happen to often these days but it certainly does happen.
Bulbs are a tenant's responsibility.If you got a tradesman in to replace a light bulb in your house, rather than just doing it yourself, what would you get charged for it?
I've never heard of anyone paying a tradesman to change lightbulbs, unless your physically unable to due to being elderly or disabled then it's just tragic.
BlueHave said:
How many lazy tenants does it take to change a lightbulb?
I've never heard of anyone paying a tradesman to change lightbulbs, unless your physically unable to due to being elderly or disabled then it's just tragic.
I doubt on Sunday they were fine and on Monday the had gone!I've never heard of anyone paying a tradesman to change lightbulbs, unless your physically unable to due to being elderly or disabled then it's just tragic.
It was retaliation for offering £50 comp for a pin dent in the fridge. I ended up paying £260 come the end.
UPDATE
I put the claim in after the end of the tenancy. The tenant wasnt happy at all and started getting very pissed off. I sent her a message outlining all the issues raised and accusing her of multiple breaches of the agreement. Thus she accepted the claim and I got all my money back. So a great result for me. Lots of lessons learnt.
I put the claim in after the end of the tenancy. The tenant wasnt happy at all and started getting very pissed off. I sent her a message outlining all the issues raised and accusing her of multiple breaches of the agreement. Thus she accepted the claim and I got all my money back. So a great result for me. Lots of lessons learnt.
DaGuv said:
UPDATE
I put the claim in after the end of the tenancy. The tenant wasnt happy at all and started getting very pissed off. I sent her a message outlining all the issues raised and accusing her of multiple breaches of the agreement. Thus she accepted the claim and I got all my money back. So a great result for me. Lots of lessons learnt.
Looks like you have been lucky as the tenant had come on here for advice it would of been fight at DPS and you would of minimal costs.I put the claim in after the end of the tenancy. The tenant wasnt happy at all and started getting very pissed off. I sent her a message outlining all the issues raised and accusing her of multiple breaches of the agreement. Thus she accepted the claim and I got all my money back. So a great result for me. Lots of lessons learnt.
Not sure the amount but seems a little unfair that she loses all due to your inexperience as a landlord.
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