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Bond problems=Threatening tenant
Comments
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This is the problem with a lot of amateur landlords. You can't expect to get it back in pristine condition - it's not a showhome. No inventory=no deductions, especially for things like "wee on the underside of the toilet seat" Hand the money back quickly before you get sued.
The landlord is entitled to have the property returned in the same condition as which it was originally let (fair wear & tear excepted)
"things like "wee on the underside of the toilet seat" " is not fair wear & tear.
The suggestion that no inventory = no deductions is unfortunately not the case. I would suggest the OP retains the nominal deductions made for the damage caused by the tenants.
In the unlikely event the tenants try to sue the OP over the amount deducted because of the damage they caused, I would suggest the OP allows the matter to go to court.
Even if the matter goes to court and even if the judge was convinced as to the arguments given by the tenants as to why they should not be held responsible for the costs deducted for the damage the LL claims they caused, then all the LL has to do is pay back the amount owed within 28 days.
"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
The trouble is that people only post what they think is relevant, leaving gaps that other posters will query as part of their replyfishergirl wrote: »Reading some of the replies it makes me seem as if i'm a bully who goes round threatening tenants!:o I didn't mean it to sound like that! I'm a quiet single girl who just wanted to teach in a different country for a couple of months!
One party (whether LL or T) will post highlighting the other party's alleged unfairness whilst failing their to meet their own obligations.
Many EAs/LAs don't do what they should so to comply with LL& T regs. You didn't mention the deposit issue? Did the EA/LA deal with that or did you? It really does have a bearing on what you need to do vis-a-vis that deposit.If you're not in E& W then its not relevant but you didn't respond on that part,nor the part on a relevant address for the prupose of S48 Notices whilst you were out of the country.fishergirl wrote: »..........I paid a local estate agent to find the tenants for me and they ran the credit checks and drew up the enancy agreement so everything is above board in that sense.
For tax purposes, you are classed as a Non-resident landlord if you have a UK rental income, and a “usual place of abode” outside the UK : AFIAA it generally applies to those who are out of the UK for upwards of 6 months? You generally have to declare all property rental income and expenditure to HMRC, regardless of whether there is a gain. All that is your own concern: however, the point was that whoever you keep your income & expend records for you'd have to show what happened with that deposit.fishergirl wrote: »I was only abroad for 4 months so didn't need to pay any tax or notify the tax office (looked into that as well).
It really would depend on the full circumstances and wording - just because it is in a Tenancy Agmt doesn't necessarily mean that it will stand up. Here's what the Office of Fair Trading has to say on the subject:fishergirl wrote: »With regards to charging them interest-there is a paragraph in the tenancy agreement which says that if the tenant is late paying their rent, then I'm entitled to charge them interest on the outstanding balance.
"We regard a requirement to pay unreasonable interest on arrears of rent, at a rate substantially above the clearing banks' base rates, as an unfair penalty. We regard the imposition of a fixed daily or monthly charge for overdue rent, and regardless of the amount due or the surrounding circumstances, as being penal rather than compensatory in nature, and unfair."
A tenant needs to be 8 weeks in arrears at the time of the court hearing for an eviction on those grounds to be possible.fishergirl wrote: »It also said that if they were over 3 weeks late paying (which they were) then I could have threatened them with eviction. That's what I meant by the 'threatening'them part - sorry I didn't make myself clear!
but the point is that unfortunately you didn't have an inventory in place to show what that was condition was so if they challenge you you'll struggle, and if you didn't register their deposit, and should have done, you may find you have a court case to deal with.fishergirl wrote: »I told the tenants that they had to leave the house in the same condtition as when they moved in when I called in after I got back so they had ample opportunity to remedy things then i.e. the wall, missing bulbs etc.
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There are a number of bullies around here, but I'm glad to say nothing you have posted indicates you are one of themfishergirl wrote:Reading some of the replies it makes me seem as if i'm a bully who goes round threatening tenants!:o
This was one thing I was going to advise - that the tenants would be entitled to a breakdown of the £125 deducted, but you seem to have alreday done that.fishergirl wrote:I typed up a list and costs as well of the things I had to fix and signed it and gave them a copy so is this ok? "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
No, it would be *the LL* who has to prove that s/he is justified in making those deductions and what the condition of the property was at the start of the tenancy - several posters have previously highlighted to you in other threads that it's this way round Premier.As would the tenant proving the dilapidations were not their responsibility.
In this case the LL has the money owed, so the tenant would need to prove they had a case to answer.
We 've also had a tenant who quoted the judge from his/her court case saying exactly that.
We're agreed on that pointRemember, an inventory/statement of condition is in the interest of both the landlord and tenant. 0 -
No, it would be *the LL* who has to prove that s/he is justified in making those deductions and what the condition of the property was at the start of the tenancy - several posters have previously highlighted to you in other threads that it's this way round Premier.
We 've also had a tenant who quoted the judge from his/her court case saying exactly that.
We're agreed on that point
The person who makes a claim is required to justify that claim else risk having it thown out as no case to answer.
In this case the tenant would be the claimant."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Fishergirl, did you register the tenants' deposit in a scheme and inform them about it as prescribed by law?0
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The person who makes a claim is required to justify that claim else risk having it thown out as no case to answer.
In this case the tenant would be the claimant.
No. The LL has kept some of the tenants money without their permission. It is up to he LL to prove why they are allowed to keep it.
Was the deposit protected in one of the schemes? If not, the LL could be adding 3 x the deposit to what they have to pay the tenant.0 -
No the LL has deducted from the deposit the amounts due under the tenancy agreement and returned the remainder. The LL has also itemised the amounts deducted. The LL needs to do nothing more. If the tenant doesn't agree the tenant will need to make a claim. - see my earlier post regarding the difficulty the tenant may experience with such a claim without the help of an agreed inventory/statement of condition.PayDay wrote:No. The LL has kept some of the tenants money without their permission. It is up to he LL to prove why they are allowed to keep it.
:rotfl:PayDay wrote:Was the deposit protected in one of the schemes? If not, the LL could be adding 3 x the deposit to what they have to pay the tenant.
Again, the LL owes the tenant nothing. 1x, 2x, ... how ever many times.
If the tenant doesn't agree, the tenant will need to make a claim. Only a judge can decide based on the evidence placed before him. If the tenant doesn't have any evidence to substantiate the claim, the case may be thrown out as no case to answer."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
No the LL has deducted from the deposit the amounts due under the tenancy agreement and returned the remainder. The LL has also itemised the amounts deducted. The LL needs to do nothing more. If the tenant doesn't agree the tenant will need to make a claim. - see my earlier post regarding the difficulty the tenant may experience with such a claim without the help of an agreed inventory/statement of condition.
If it gets as far as court, the LL will have to prove that it was the tenant who caused the damage. To do that, they will have to prove what the house was like when the tenant moved in.:rotfl:
Again, the LL owes the tenant nothing. 1x, 2x, ... how ever many times.
If the tenant doesn't agree, the tenant will need to make a claim. Only a judge can decide based on the evidence placed before him. If the tenant doesn't have any evidence to substantiate the claim, the case may be thrown out as no case to answer.
The LL has to have protected the deposit as required by law and given the tenant the information on this within 14 days. If the LL failed to do this, then it is too late for the LL to use the loophole of the presently badly worded law and put the deposit in a scheme now, as the tenant has moved out of the property.
Why do you think the case would be thrown out when the law requires the deposit must be protected?
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If it gets as far as court, the claimant will still usually need to prove there is a case to answer
Without such proof, it may not even get to a hearing"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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