Tennent damage & i hold deposit but...

Mark09

i have emails from them at the start of the agreement stating they recieved the inventory and happy to sign.
I verbally excepted their early release.

Just p**s's me off people get away with damaging other people property.

BitterAndTwisted

Unfortunately it sounds like although you managed to find yourself deadbeat a-hole tenants you have not acted sensibly yourself.

You should join a landlords association without delay if you haven't already. Then you will have information and other resources open to you which you patently do not now.

Wee_Willy_Harris

Mark09 wrote: »

i have emails from them at the start of the agreement stating they recieved the inventory and happy to sign.
I verbally excepted their early release.

Just p**s's me off people get away with damaging other people property.

Your difficulties arise, largely, because you failed to protect their property (ie the deposit).

mynameisdave

You could always try Exif Data of the pictures if you have aded them to your computer, although I'm guessing this might not hold weight if they can be manipulated.

madeupname1

The failure to register the deposit leaves you at risk of the 3x penalty so agree that you should register asap. If they have left the tenancy early, and haven't been paying the rent since they moved out, you could argue that, at the very least they owe you the rent for the four months left under their tenancy agreement. Therefore, assuming that the amount of the rent payable for the remainder of the agreement is more than the amount of the deposit, you should have a claim for keeping it.

Retaining the deposit for damage is more difficult. Basically you would need to prove that they caused the damage you allege. Its an evidentiary issue and whilst the email you mention is helpful, it probably wouldn't be enough on its own. Besides, as one of the earlier posters said, if they don't have the money to repay you the cost of putting the damage right, there's little point in bothering.

BTW - An earlier posted mentioned serving a section 21 or 8 notice to make sure the tenancy is terminated. However, I understand that a section 8 / 21 wont be effective if you haven't effectively registered the deposit.

Do you have landlord insurance? Maybe you could claim on that for the cost of putting the damage right.

diable

There are people you could speak to that could get you your money back for the damage but you need to leave your conscience and morals out of it. I look at it that if in business you protect your interests and if someone fcuks you over you fcuk them over X 2, it may not sit pretty with most people on here but thats life if you want to survive.

Soniclord

IT's not too late to protect the deposit but read this,


Within 14 days of taking the deposit, the landlord mustprovide the tenant with the following details regarding the deposit:

The contact details of the tenancy deposit scheme selected.

The landlord's contact details.

How to apply for the release of the deposit.

Information explaining the purpose of the deposit.

What to do if there is a dispute about the deposit.
At the end of the tenancy the landlord and tenant should agree as to whether any deductions are necessary and apply for the release of the deposit from the scheme. The tenant should have the agreed sum returned from the scheme within 10 days.


Failure to comply carries the following penalties:
Where the landlord does not inform the tenant of the whereabouts of the deposit, the tenant can apply to the local courts. The courts can then order the landlord to either repay the deposit or get it protected. If the courts wishes are not carried out within 14 days the landlord will be ordered to repay three times the amount of the deposit to the tenant within 10 days. Futhermore where the deposit has not been protected the landlord can not evict the tenant using a Section 21. Therefore, by not securing the deposit you will not be able to get your house back and face a large fine.


Failure to comply carries the following penalties:
Where the landlord does not inform the tenant of the whereabouts of the deposit, the tenant can apply to the local courts. The courts can then order the landlord to either repay the deposit or get it protected. If the courts wishes are not carried out within 14 days the landlord will be ordered to repay three times the amount of the deposit to the tenant within 10 days. Futhermore where the deposit has not been protected the landlord can not evict the tenant using a Section 21. Therefore, by not securing the deposit you will not be able to get your house back and face a large fine.

Therefore after reading the above I believe if you do protect it now its still too late to protect the deposit as I'm pretty certain the 14 days is up!

So I'd take your chance with small claims court if I were you (if you know your old tenants new address) as you will no doubt have to pay 3x the deposit £2700 to the tenants for failing to protect the deposit but you may well get the £8000 you say has been done in damages. Oh and if you did go to court you would have to prove the cost of all the repairs so would need ALL receipts for the work carried out and also the receipts for ALL materials needed to carry out said work.

Good luck!!

slyracoon

madeupname1 wrote: »

The failure to register the deposit leaves you at risk of the 3x penalty so agree that you should register asap. If they have left the tenancy early, and haven't been paying the rent since they moved out, you could argue that, at the very least they owe you the rent for the four months left under their tenancy agreement. Therefore, assuming that the amount of the rent payable for the remainder of the agreement is more than the amount of the deposit, you should have a claim for keeping it.

Deposit cannot be used for rent arrears.

N79

slyracoon wrote: »

Deposit cannot be used for rent arrears.

Why do you say that - the OP has not said that their contract limits the use of the deposit in this way.

Deposits protect the specific performance of the T under the contract. This includes damage, rent and also the LL's costs in enforcing the contract.

G_M

Soniclord wrote: »

IT's not too late to protect the deposit but read this,

Within 14 days of taking the deposit, the landlord mustprovide the tenant with the following details regarding the deposit:
.........

Therefore after reading the above I believe if you do protect it now its still too late to protect the deposit as I'm pretty certain the 14 days is up!

That may be your interpretation, but it is not how the courts are interpreting it! Courts are not enforcing the 3 x deposit penalty where late registration of deposits takes place.

Deposit cannot be used for rent arrears.

A very definative statement which, in 99 cases out of 100, is erroneous!