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Retaining tenant's deposit

My tenants have just moved out of the flat and I have filled out the DPS form on retaining part of the deposit. The deposit I want to retain is quite high (£1,000 out of £1,661) however at least £800 of that is agreed with the tenants as it relates to unpaid rent in the last month and additional days they stayed.

I know that the DPS release the undisputed amount to the tenants but I am wondering what happens if the tenants dispute the cleaning and breakages part? Do they have an option to say how much they dispute so that the rest is released to me immediately? It seems unfair to wait if the tenants have agreed that their unpaid rent can come out of the deposit.

I've looked on the website and can't find this information. Any help is appreciated. Thanks

Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    edited 6 September 2009 at 1:19PM
    have you got the tenants agreement to deductions for rent arrears in writing ?

    send as much proof as you possibly can - DPS are much more partial towards tenants than LLs and tenants will lie to get their deposit back when push comes to shove

    Proof could include rent schedule, letters to tenants re arrears, bank statements snowing rent received and months when not received, witness statements re conversations with tenants etc etc

    the onus is on you to proove all this
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