As a landlord, what is a fair deduction to make from deposit?

MonkeySaving?

Gorgeous_George wrote:

There is no law that says smoking must be allowed in a rented property.
GG

There is also no law that says you can't, you can't enforce this....whether people choose to smoke or not is entirely down to the individual. Whatever you put in the tenancy agreement regarding this (and pets) is un-enforceable (sp?). I do agree about the giving up thing though

RichyRich

The OFT does not make law. Leases in the UK are not mere contracts (in which case Unfair Contract regs would apply) but are property rights. The covenant not to smoke would at the very least be a personal covenant (and probably, in this day and age, proprietary) and as such is enforceable under Landlord & Tenant Law. The right to quiet enjoyment of the property is subject to any covenants.

MonkeySaving?

RichyRich wrote:

The OFT does not make law. Leases in the UK are not mere contracts (in which case Unfair Contract regs would apply) but are property rights. The covenant not to smoke would at the very least be a personal covenant (and probably, in this day and age, proprietary) and as such is enforceable under Landlord & Tenant Law. The right to quiet enjoyment of the property is subject to any covenants.

The OFT doesn't make law (i only referred to the recommendations), however it's recommended rulings haven't stopped thousand of people getting all there bank charges back. You need to realise that the statement in almost 100% of tenancy agreements regarding no smoking and no pets means jack sh*t. The right to "enjoyment of the property" overrides all your covenants, i know i have been to court already regarding the no smoking and no pets one....and have won with ease.....

MonkeySaving?

RichyRich wrote:

The right to quiet enjoyment of the property is subject to any covenants.

LOL, find me a shorthold tenancy agreement that states that...if you do, i'll find you a nice fat link for Human Rights that blows all that away.

prudryden

I think that everyone on here knows what the OFT says about using the term NO PETS. They say it is a POTENTIALLY unfair term. They SUGGEST that the contract should read "No pets, without the written permission of the landlord, which can not be withheld unreasonably."

That statement gives a lot of leeway to the landlord to refuse most animals and birds, except a goldfish. Unfair doesn't mean illegal.

NO SMOKING: Given the government's viewpoint on smoking, I doubt that would be found unreasonable.

prudryden

Sorry back to the OP.
Since you have a signed inventory (assuming both parties signed), you may deduct any and all expenses needed to bring the house back to the same condition as when you let it. Obtain receipts.

However, I would also take into consideration that they have paid 2 years of rent into your pocket - minumum £24,000. I would probably be a little flexible.

Rick62

As a previous tennant with both good and bad landlords, I would suggest that she get the jobs professionally completed, and use the deposit to pay for them. Also the missing furniture

Absolutely, get the work professionally done and deduct the cost. I would have thought more like £800 rather than £80. Do not deduct 'what you think is reasonable', that is a piece of string, deduct the actual costs.

Why shouldn't the landlord say, in the lease, no smoking? Its very simple, no rights are infringed, you don't smoke in the property (you can go outside) or if you do smoke then you become liable for the landlord returning the property to the previous smoke free condition - which could incude repainting the whole place and replacing all the carpets.

Gorgeous_George

Whatever the legal position may or may not be, I would not renew a tenancy for tenants that smoked.

If they wish to move house every 6 months and lose substantial parts of their deposit, that is their legal right.



GG

Gorgeous_George

prudryden wrote:

However, I would also take into consideration that they have paid 2 years of rent into your pocket - minumum £24,000. I would probably be a little flexible.

Aaarrrrgghhh!!!!

Why do people think that rent goes into the LLs pocket!

Many LLs could earn almost as much as the rent brings in by investing their money in the bank - RISK FREE.



GG