How much deposit should i return ?

amboy

Clutton

Having read and agreed with most of your unbiased advise to tenants who have bad LL, my advise to you is to put this down to bad experience and move on, this way you will know that she wont have bad feeling towards you as she is still going to be living in the area and who knows what her drunken friends would do after a few drinks if you take her deposit.

As for being responsible for tenants noise, litter etc, from my point of view it hardly makes people responsible for their own actions.

Have peace of mind that you did things properly and even took a gurantor, its just life and this business that you are bound to have a bad experience every so often.

musey

I must admit I am unaware of the law that makes landlords responsible for the behaviour of their tenants being in effect now. I know that it was made law in N. Ireland but was subsequently revoked following a judicial review. The landlord association I was on the committee of donated a substantial amount to the association in N. Ireland to enable them to force the review as our fears were that if it was successfully brought in over there then the UK would shortly follow. Admittedly since then I have resigned my place on the committee due to time constraints etc (it was hard to manage the properties, work full time and devote energies to the association also) So it may have slipped by me that it has somehow got in over here. Did your council supply you with the legislation under which they were proposing to take you to court under? (I obviously have some more reading to catch up on)

clutton_2

they did not threaten court action, just, quite nicely, brought to my attention that they had had several letters of complaint (which they copied but removed names). I don't know what their next move would have been. I was then in regular telephone contact with their ASBO unit, community "uproar" dept, and EHO - so they all knew i was taking it seriously.

the HMO rules in the 2004 Housing Act specificially mention landlords responsibilities. i'll contact my Professional body and ask what Act covers individual houses.

real1314

Unless the tenancy agreement states that a charge can be made for what you have had to do, then you can't deduct anything.

I've got an agreement that states that if a letter has to be issued regarding a breach of tenancy, then a £10 charge applies.
So, if I have to issue a letter about noise then it's £10 for that.
If I have to issue one about non-payment of rent: £10 again.

If there's nothing in the agreement though, no charge.

BobProperty

real1314 wrote:

Unless the tenancy agreement states that a charge can be made for what you have had to do, then you can't deduct anything.

I've got an agreement that states that if a letter has to be issued regarding a breach of tenancy, then a £10 charge applies.
So, if I have to issue a letter about noise then it's £10 for that.
If I have to issue one about non-payment of rent: £10 again.

If there's nothing in the agreement though, no charge.

I think this is about as convincing as bank charges. You might try it but if it went to court you would have to prove spending £10 worth of time, effort and costs in writing and sending the letter. It may be considered that writing the occasional letter is all part of being a landlord. I would not like to try to defend this in court if it came to that situation.

Also ( I think it was Lynz) said "I wouod have thought you can deduct for fair wear & tear only. "
Wear and tear is NOT allowed as a deduction from rent deposits. You get tax relief for it.

clutton_2

Well, i finally got into the house, and what a state !! i have had to hire a skip to dispose of all the rubbish she left in there, (including furniture - i did check she does not want it); I have had to throw away 3 carpets; repair the toilet; repair water goods at the back of the house where folks have been climbing up them and caused damage; replace the shower curtain rail; replace 2 spindles on the stair case; redecorate throughout; and actually, even replaster part of the wall adjoining the front door which was constantly slammed and has caused a fair chunk of plaster to fall off; none of this can even remotely be called "fair wear and tear".

so, there is no question of her getting a single penny back from her deposit.

When i get the final bill, which will be substantial, i will then consider whether to send it to her father who acted as guarantor.

she has left the street now, and due to many neighbours' complaints to the council, the other noisy young tenant has also stopped causing mayhem and peace has returned. The children of both these young ladies are also being monitored by social services - so, at least some good came out of all this.

For those forum users who claim all landlords are scum, this is the other side of the coin !!

i have found some new tenants and am in the process of checking them out..

Tassotti

Hi Clutton

Take a look through the insurance policy. You MAY be covered for some of these damages, although probably not.

My policy (and many others I have read) state that damage cannot be claimed for if caused by tenant(s).

I'd be inclined to sue for the damages, although saying that, it's probably just throwing good money after bad, as she was on HB.

I am not sure if you can sue the guarantor for damages or not. Worth checking out. Probably not.

Oh, the joys of being a LL :mad:

Fortunately, I have only had one experience similar to this. I am still trying to trace the scumbag tenants.

Tass