help re: difficult tennants pls

Debt_Free_Chick

Two things - I tend to agree that patching of paintwork & cleaning plugholes (what is this? ) would appear to be normal wear & tear and therefore not for the tenants to pay.

Also ... is it worth the hassle for the amount involved?

If you write this off to wear & tear or maintainence, then you get a deduction against the rental income anyway for tax purposes.

Don't sweat the small stuff

thesaint

Debt_Free_Chick wrote: »

Two things - I tend to agree that patching of paintwork & cleaning plugholes (what is this? ) would appear to be normal wear & tear and therefore not for the tenants to pay.

Also ... is it worth the hassle for the amount involved?

If you write this off to wear & tear or maintainence, then you get a deduction against the rental income anyway for tax purposes.

Don't sweat the small stuff

No one is asking for payment for cleaning plug holes.

The landlord/lady could give 6 months free rent and put this down to a loss and pay no tax as well, but it's a business.

bap98189

There are two sides to this though. I would say the OP is being perfectly reasonable, but then landlords and agencies aren't exactly reasonable when you move into a property. Letting agencies, and many landlords insist on a banker's draft for the initial rent/deposit before allowing tennants to take up residence. With the last two houses I rented this was the case, the only way to circumvent the charge it would have cost me to get a draft was to go to the bank and withdraw almost £1000 in cash.

I suppose with the numerous horror stories of landlords refusing to repay deposits, it is no surprise that a tennant is taking the same attitude. Call it revenge if you like.

thesaint

bap98189 wrote: »

There are two sides to this though. I would say the OP is being perfectly reasonable, but then landlords and agencies aren't exactly reasonable when you move into a property. Letting agencies, and many landlords insist on a banker's draft for the initial rent/deposit before allowing tennants to take up residence. With the last two houses I rented this was the case, the only way to circumvent the charge it would have cost me to get a draft was to go to the bank and withdraw almost £1000 in cash.

I suppose with the numerous horror stories of landlords refusing to repay deposits, it is no surprise that a tennant is taking the same attitude. Call it revenge if you like.

The reason they do this is because if the 'would be' tenant paid by cheque and it bounced, it would take months to turf them out. The landlord would've had not a penny for all this time.

The 'revenge' by this tenant is costing them money, so as a landlord, this wouldn't concern me at all, I would be charging them while they dither.

prudryden

It's amazing how many tenants think they are spiderman and walk on walls and then claim that its normal and, therefore, fair to wear them out and tear them up.

pingu79

They had re-painted walls without permission not scuffed them according to OP above

I think it sounds fair, if its in the contract to say they can't paint the walls. Paint is fairly cheap but the time/labour to do it isn't!

I don't think they are within there rights to hold you to ransom for their deposit and most tenants would expect it to be at least a week before they get their deposit back. I think i'd probably get the locks changed if they have moved out, i think its about £40 to change the lock barrel. I think if you write them a letter to charge them for the extra time you may risk them causing more damage to the place if they think they won't get the deposit back anyway.

oldMcDonald

prudryden wrote: »

It's amazing how many tenants think they are spiderman and walk on walls and then claim that its normal and, therefore, fair to wear them out and tear them up.

Personally not tried to walk up walls

The reason I asked about if it would be included in wear and tear is due to most of my previous landlords seeing it as such, and automatically chucking a coat of paint on the walls when they get a turnaround of tennants.

I was surprised that the OP was charging a significant sum of money to tidy up the paintwork and wondered why.

FWIW, if the tenancy stated no painting / decorating to be done by the tennant then I think they would be correct to charge them if they had drilled/painted, but if it did not mention this then I think it wrong to charge. I've had some landlords who couldn't care if I painted - so long as it wasn't bright orange or such like - and others that wouldn't allow you to even hang a picture.

bap98189

thesaint wrote: »

The reason they do this is because if the 'would be' tenant paid by cheque and it bounced, it would take months to turf them out. The landlord would've had not a penny for all this time.

Equally if the landlord's cheque bounces or is cancelled, it could take the tennant months to receive a penny if they end up having to go through the courts. Should they take the chance, or demand the same payment terms landlord's insist on?

Loretta

julybride wrote: »

Hi,

Just wondering if anyone knows where i stand. We have tenants due to leave our property today. Until now they have been no problem... (although i have had some unneccessarly comments from them) I think the problem has arisen as i am being admitted to hospial today and could not attend the inventory of the house yesterday. We believe we need to take approximately £150 -£220 to make good paint work and some plug holes also to clean (reliable friends who rent there own property were at the inventory and this was agreed as acceptable by the tenants last week).

Th Tenants refused to leave last night and are now demanding a bankers draft for the whole amount and will not hand back keys until they have the draft in there hands!

I appreciate any experience with this type of conflict.

We have offered a personal cheque and asked them to correct the problems and the house will be reassessed tonight... I think we were being reasonable. And said we will provide a bankers draft but that this will take a few days and will be made out for the sum established tonight.

If they are still refusing to give us the keys are we able to enter the property tomorrow and change the locks? they have effectively moved out... no furniture or anything left. We would refund the deposit to their forwarding address and suggest they take the matter up with the appropriate body if they are not satisfied with the amount withheld (assuming anything is?)

or do I have to warn them and wait? just as an aside if they keep the keys are they liable for rent on the property?

I think that you need to keep this simple, not let it all get comlicated and not waste time etc chasing money that you are not going to get.

The inventory has been done and at the moment there is a dispute.

They have given notice and the notice is now up and they have moved out.

It is no good saying you are going to charge them rent until they give the keys back because they won't pay it and you will only get angry about it.

Take some photoes of the painting and the dirt etc, where possible in case they continue with the dispute. Change the locks or barrells, you should do this every time you have a change of tenant, you just need a couple of locks or barrells and move them around your properties. Get the place cleaned up and redecorated and let it again as fast as you can.

Having it empty is costing you. arguing is a waste of time.

You say someone attended the inventory check on your behalf and the cleaning and damage was agreed with tenant.Send them a cheque for the amount of the deposit that you think they should have and leave it to them to write in some detail why they think they should have more of the deposit back or let them take you to court so that an independent judge can make a decision. Keep it simple or you will get angry with each other and you will start digging your heels in even if they come up with an acceptable reason why they should have some more deposit back

Don't let it get personal

thesaint

bap98189 wrote: »

Equally if the landlord's cheque bounces or is cancelled, it could take the tennant months to receive a penny if they end up having to go through the courts. Should they take the chance, or demand the same payment terms landlord's insist on?

I don't have a problem with a tenant doing this, they are within their rights.
As long as any tenant trying this is aware that they are liable for the rent until a time they handed in the keys. Money for old rope.

I don't know of any other situation where the deposit is given back before the goods are returned.