Claiming full deposit from tennant

Claiming full deposit from tennant

Author
Discussion

DaGuv

Original Poster:

446 posts

206 months

Sunday 11th June 2017
quotequote all
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

Ken Figenus

5,706 posts

117 months

Sunday 11th June 2017
quotequote all
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!

Thermobaric

725 posts

120 months

Sunday 11th June 2017
quotequote all
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...

Edited by Thermobaric on Sunday 11th June 16:14

TooMany2cvs

29,008 posts

126 months

Sunday 11th June 2017
quotequote all
Thermobaric said:
otherwise you'll have to go down the TDS route which landlords generally get shafted on...
Only clueless ones who can't document the loss.

Thermobaric

725 posts

120 months

Sunday 11th June 2017
quotequote all
In my experience, even landlords with proper documentation can come out of it in an unfavorable position...

DaGuv

Original Poster:

446 posts

206 months

Sunday 11th June 2017
quotequote all
Thanks for the advice. It's much appreciated. I understand about the heater. I am sure I can justify the other issues. I have invoices for the work and receipts for what I have spent. I'm a first time landlord with very little experience.

TooMany2cvs

29,008 posts

126 months

Sunday 11th June 2017
quotequote all
DaGuv said:
I don't know much about been a landlord as it was forced upon me...
Is there ANY other business that people would say that about?

DaGuv

Original Poster:

446 posts

206 months

Sunday 11th June 2017
quotequote all
Prostitution?

BlueMeganeII

338 posts

159 months

Sunday 11th June 2017
quotequote all
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.

TooMany2cvs

29,008 posts

126 months

Sunday 11th June 2017
quotequote all
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.

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

Ken Figenus

5,706 posts

117 months

Sunday 11th June 2017
quotequote all
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 smile

DaGuv

Original Poster:

446 posts

206 months

Sunday 11th June 2017
quotequote all
I have now submitted the claim via the DPS for around 80% of the deposit. I think I have been very fair.

BlueMeganeII

338 posts

159 months

Sunday 11th June 2017
quotequote all
DaGuv said:
I have now submitted the claim via the DPS for around 80% of the deposit. I think I have been very fair.
Good luck, let us know what happens if you can.

AKindSoul

154 posts

184 months

Sunday 11th June 2017
quotequote all
Neil Tennant from the Pet Shop Boys?

carreauchompeur

17,846 posts

204 months

Sunday 11th June 2017
quotequote all
AKindSoul said:
Neil Tennant from the Pet Shop Boys?
Call the Police, there's a madman around. silly

DaGuv

Original Poster:

446 posts

206 months

Sunday 11th June 2017
quotequote all
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.

Jakg

3,463 posts

168 months

Sunday 11th June 2017
quotequote all
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.

DaGuv

Original Poster:

446 posts

206 months

Sunday 11th June 2017
quotequote all
I'm learning a lot fast! She voluntarily left earlier as she had had the keys to her new place.

Wacky Racer

38,154 posts

247 months

Sunday 11th June 2017
quotequote all
Personally, I would let this one go and learn from experience.

To be fair, she did offer to return and put things right.

If I was renting a place I would make sure it was left in at least the same condition as when I moved in, probably better.

(Fair wear and tear excepted)

Driver101

14,376 posts

121 months

Sunday 11th June 2017
quotequote all
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.