Dispute with Tenant

ChampagneFever

I've been renting my property out to this tenant for the last 4 years. When she moved in she paid a deposit of £600, which was approx 1 & 1/2 months rent. When she moved in the property was carpeted but had a few stains, nothing major or obvious. 2 years ago, during heavy rain, dirty water ran in through the patio door and stained the carpet. The reason why the water came in was because the vents were blocked with dirt. My tenant felt that this stain was too bad and wanted new carpets. As she was planning on staying long term, she ask if she could borrow money from her deposit and would repay monthly. She picked the carpets, i got the best price and used her deposit. Then she said she couldnt afford the repayments due to hours changing at work. I let her off with repaying the deposit, cos i was keen to ensure she stayed in the property.
Now she is leaving due to family reasons and is kicking up a fuss because she is only getting £280 of her deposit back and im getting new carpets.
Unfortunately most of these discussions were either over the phone or via text (which no longer have). The agreement changed to say "The tenant has paid to the landlord a bond of £600. However, £320 has been loaned back to the tenant to help with repairs. Leaving a current bond held of £280. The repayment of this loan is at the landlords discretion."

Now she is being funny with the final rent payment. I've tried to tell her to pay rent as normal and £280 deposit being returned when she left. Her written notice said she'd pay £170 and i keep the deposit. Then after she overheard me say to potential new tenant that deposit would be £450, she whinged that she paid £600 and then said "with the 320 i paid for the carpets and the 280 u hav of mine that more then covers my junes rent seeing as u getting new carpets"

Can I please have some advice on how I deal with this situation?

Funky_Bold_Ribena

I agree with her - you are getting new carpets and why should she pay for them. If she was, she would be entitled to take them with her and you'd have to buy new anyway.

However, how did the rain get through because the vents were blocked? If the vents were blocked surely that blockage would have stopped the rain?

ChampagneFever

The dirt in the blocked vents meant the water didnt drain away, instead ran along the bottom panel and under the doors into the property.

But can she tell me this 1 week before the rent is due?

scottishblondie

It sounds rather like you have not lodged the tenant's deposit in a deposit scheme. Is this the case?

Guest101

Why didn't you just pay for the new carpet? If you want her to pay the rent, then she can take the carpet with her, which is just more hassle for you.

I'm presuming the deposit is held in scheme, It's going to cause you problems.

If I was you, I'd either ccept the 170, keep her deposit and be done with it, or say you accept the carpets as payment and the deposit is hers.

If she's paid you any money for the carpets I would return that too.

ChampagneFever

No the deposit was ringfenced in a separate savings account. She paid the deposit over a few instalments due to timing of getting her previous deposit back, due to this we were unable to set a scheme up.
In hindsight, i know i've made alot of mistakes with this tenancy. Which is why i dont feel in a strong position to argue.

Guest101

Best advice you'll get, trust me on this: DO NOT ARGUE with them. You will lose and it will cost you thousands.

If you have failed to secure the deposit, the tenant can take you to court for 3x the value, IE £1800, + costs, as you have basically broken the law, not just breached a private contract.

You should've paid for the carpets anyway.

I'm sure your a decent landlord, but the mistakes are mounting, and it could cost you so much more than £320. Take the slight hit - you still have a new carpet. Walk away and be thankful when she moves out.

Caveat_Mortgagor

ChampagneFever wrote: »

No the deposit was ringfenced in a separate savings account. She paid the deposit over a few instalments due to timing of getting her previous deposit back, due to this we were unable to set a scheme up.
In hindsight, i know i've made alot of mistakes with this tenancy. Which is why i dont feel in a strong position to argue.

No ifs or buts, you are required to protect the deposit, in installments if necessary.

Funky_Bold_Ribena

ChampagneFever wrote: »

No the deposit was ringfenced in a separate savings account. She paid the deposit over a few instalments due to timing of getting her previous deposit back, due to this we were unable to set a scheme up.
In hindsight, i know i've made alot of mistakes with this tenancy. Which is why i dont feel in a strong position to argue.

Well done - you have bought yourself a new carpet.

Do you realise that she could claim 3 x the deposit back for not putting it into a deposit scheme?

ChampagneFever

I wasnt aware of that. I had no information or advice to say it was a legal requirement.

I thought as long as i could prove that the money was held untouched in a separate account, then that would suffice.

Guest101

not at all, your agent should have told you this (if you used an agent) - certainly do not let on to the tenant.

Make sure you return it all and pray the dont know the procedure.