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Tenant refusing to move out until deposit returned, but flat has been damaged!

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Comments

  • myhouse_2
    myhouse_2 Posts: 553 Forumite
    500 Posts
    jjlandlord wrote: »
    The (free) one you ask the post office for when you send the letter?

    Didn't know you could do this. Sounds like good advice regarding 1st class vs recorded delivery.
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    Question...do you agree with the assessment of the letting agent that the place is 'damaged' rather than just lived in. By your own admission, you have only just engaged the Agent, so how are they to know what state the place was in to begin with. I don't doubt you are trying to be honest and decent, but I wouldn't trust the Agent further than I could spit. Having been a tenant twice, to my cost, I have been on the receiving end of their lies and exaggerations. Ive just won against the last lot who who were trying to steal all £1140 of my deposit and £150 of checkout fee into the bargain. After I mounted a robust defence, I had £830 returned by the arbiters and what I did pay included the £150 extortionate checkout fee. The house we left was clean, tidy and maintained, but the Agent sited everything under the sun to keep our money, including £50 for rubbish removal which by their own evidence consisted of a measly tonka sized toy truck left in the corner of the garage! They sited damage to curtains that was clearly on their own original inventory etc etc.

    I have been disgusted and nauseated by the scale of theft being blatantly perpetrated in the letting Market today. Whilst I am sure there are problem tenants out there and the LLs on here can probably site some pretty hair raising stories, I was an honest tenant who was fleeced twice for 'damage'. If I had known about the arbitration scheme the first time around, I would have dealt with that one too, but lost £600+ to unscrupulous LAs.

    So...as the LL, shouldn't you have a look before you trust what some nameless numpty in an office tells you...especially if it's in their interests to 'get quotes' and inflate the situation beyond all reason?

    As a final note...at the end, I too screamed at the LA when they informed me of their deductions. I can see your tenants point if they were like me.
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The tenant has lived in the property for 6 years and the carpet has a 10 year life so if you need to replace it now you can only claim 40% of replacement costs ( its called betterment )
    All repairs/replacement costs are TAX deductable from your profit and you have had rent from this tenant for 6 years and a new tenant lined up to take over.
    I bet you the full deposit you end up paying the new agent more money over the next 6 years than the cost of repairs when this tenant leaves
  • FireWyrm wrote: »
    Question...do you agree with the assessment of the letting agent that the place is 'damaged' rather than just lived in. By your own admission, you have only just engaged the Agent, so how are they to know what state the place was in to begin with. I don't doubt you are trying to be honest and decent, but I wouldn't trust the Agent further than I could spit. Having been a tenant twice, to my cost, I have been on the receiving end of their lies and exaggerations. Ive just won against the last lot who who were trying to steal all £1140 of my deposit and £150 of checkout fee into the bargain. After I mounted a robust defence, I had £830 returned by the arbiters and what I did pay included the £150 extortionate checkout fee. The house we left was clean, tidy and maintained, but the Agent sited everything under the sun to keep our money, including £50 for rubbish removal which by their own evidence consisted of a measly tonka sized toy truck left in the corner of the garage! They sited damage to curtains that was clearly on their own original inventory etc etc.

    I have been disgusted and nauseated by the scale of theft being blatantly perpetrated in the letting Market today. Whilst I am sure there are problem tenants out there and the LLs on here can probably site some pretty hair raising stories, I was an honest tenant who was fleeced twice for 'damage'. If I had known about the arbitration scheme the first time around, I would have dealt with that one too, but lost £600+ to unscrupulous LAs.

    So...as the LL, shouldn't you have a look before you trust what some nameless numpty in an office tells you...especially if it's in their interests to 'get quotes' and inflate the situation beyond all reason?

    As a final note...at the end, I too screamed at the LA when they informed me of their deductions. I can see your tenants point if they were like me.

    I understand your point of view - I was once charged £30 cleaning fee (I argued them down from £150 because there was the mark of one footprint in the hall way where I had had to step on a wet floor to get out and lock up a property).

    However ... she has put laminate flooring on top of lovely maple floor boards without permission, wallpapered most of the walls without permission and repainted the rest, drilled holes in the walls and as of Monday had done nothing to rectify any of this, despite being told to. She is refusing to leave the property until she has been returned the deposit in full, but won't let me see the property empty. Where the initial inspection found water damage, she has now smashed the lightbulbs so the corridor is dark and put boxes on top. She has also refused access to a painter decorator who was going to come and have a look at the place before she left. I think I have every right to be suspicious!
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