Time scale for disputing deductions from deposit (property rented pre-April 2006)

Helen36

Dear all,

I've recently had a tenancy end rather acrimoniously. The tenant moved in before the tenancy deposit scheme (and I hadn't changed her contract at all so hadn't protected it) and at the end of the tenancy, left the property dirty and damaged. We had a tenancy agreement and a jointly signed inventory at the start of the tenancy.

I wrote her a letter with a breakdown of the deductions that I was making (with photographic evidence of the damage and dirt), a cheque for the remaining amount and asked her to contact me in writing within 5 days if she wanted to dispute anything. Not a word.

She has now written back disputing the deductions nearly two months later and wanting more of her deposit back. Are then any legal time frames with this for how long she has to dispute deductions?

Many thanks for any advice,

Helen

BitterAndTwisted

As the deposit wasn't protected and didn't need to be, there are no formal time-scales to come to an agreement. You and the tenant can choose to go back-and-forth until Doomsday if you like. The only recourse the tenant may have is court of they are unhappy with your wholly justified, reasonable and provable deductions.

How many quotes have you obtained to justify your proposed deduction for cleaning and do you still have the original receipts to calculate the charge for damage?

Helen36

Thanks, Bitter and Twisted. I got two quotes for everything and took as little out of her deposit as possible.

I'm afraid you're right, this will go backwards and forwards forever. She's not disputing everything, and is accepting the two major damage costs, which total over £300, but says that she's only willing to pay £200 as a gesture of good will! I don't think that I'm ever going to get her to understand that if you cause damage, you have to pay for it!

Helen

DVardysShadow

Legal timeframe is 6 years from cause of action - ie when she left. So plenty of time for grief from her.

If you would care to indicate what the damage was and how you arrived at the amount to deduct, people can advise further. The principal booby trap Landlords fall into is charging for betterment.