Tenancy Guarantor

island2501

BitterAndTwisted wrote: »

He can take all the photographs he likes but where is the documentary evidence that any of the damage he is claiming was caused during your son's tenancy?

Where is the dual-signed and dated inventory?

Thanks for this.
Will look in to small claims court.
What do you think about taking a £50 admin fee to transfer money to my sons bank account?
Should I pursue his bank first or is it all under small claims?

island2501

JuicyJesus wrote: »

1) Was the deposit in a protection scheme? If not, the tenants can take the landlord to court and apply for punitive redress of three times the deposit amount.

2) Was there an inventory taken when the tenants moved in which they signed to say they agreed with? If not, the court will likely find in their favour.

Small claims court is the way to go here.

Many thanks
I will write to the landlord requesting all documentation including an inventory.
Any thoughts on the admin fee charge of £50 to transfer money back to my sons account.
He has told my son that this is why he kept back £50, but there is no documentation.

JuicyJesus

island2501 wrote: »

Many thanks
I will write to the landlord requesting all documentation including an inventory.
Any thoughts on the admin fee charge of £50 to transfer money back to my sons account.
He has told my son that this is why he kept back £50, but there is no documentation.

If such a fee is quoted on the tenancy agreement then he can charge it. If it isn't then he's taking the p*ss.

It's not an unusual clause - mine has the same thing. But if it's not in the contract you can stick that on the small claims action.

island2501

JuicyJesus wrote: »

1) Was the deposit in a protection scheme? If not, the tenants can take the landlord to court and apply for punitive redress of three times the deposit amount.

2) Was there an inventory taken when the tenants moved in which they signed to say they agreed with? If not, the court will likely find in their favour.

Small claims court is the way to go here.

The deposit is with a company called Safe Deposits Scotland.
which according to their website is an independent tenancy deposit protection scheme approved by the Scottish Ministers under the Act

I have lodged a complaint and the full amount of the deposit which he wants to take is now in dispute.
He has 10 days to send evidence as to why he wants to retain the deposit at which point I can submit my evidence.

As I stated in an earlier post, One months deposit was paid in to the landlords account after the end of the agreement
by accident and was returned to my sons account minus £50 allegedly charged as an admin fee.

An inventory was signed but apparently the pictures on it were vague and taken from a distance.
It would seem that the recent pictures taken by the landlord to suggest damage to the property are of damage which was previously there before the tenancy began. The pictures taken now it seems are detailed and do not tie in with the original pictures on the inventory.

Is this a common tactic amongst landlords to claim retention of the full deposit.

I will ask for a copy of the inventory and the tenency agreement to check on the payment of admin fees.

Are there any further documents I should request,
Any other advice would be greatly appreciated.

Many thanks in advance