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Tenants damage to our property already exceeds deposit & their contract isn't up
Legacy_user
Posts: 0 Newbie
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Comments
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what damage?0
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What is the damage?
How long is left on the tenancy agreement?
Was the deposit protected and the tenants issued wtih Prescribed Information?0 -
This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Depending on what your contract with the agent says, the agent might be entirely blameless in this. As an agent, they only have to do what the contract says they have to do - and that probably doesn't include advising you in a situation like this (but it might; check the contract).
What sort of damage are we talking about? And are you in England/Wales, Scotland, or NI (rules are quite different)?0 -
candyflossing wrote: »WHat do you mean by 'deposit protected?' I believe it's currently in the hands of the letting agent, who releases it back to them on our command. This is what happened with our last tenants& we released it as there were no problems. This is the first time something like this has happened to us.
Was it registered with one of the Deposit Protection schemes? If not, you could potentially be in a bit of hot water0 -
Was there an itemised dual-signed inventory when this tenancy started?
Does the contract you have with the agent include periodic inspections?
Have you ensured that your agent has registered the tenant's deposit?0 -
It's a business and carries risks. You need to price the risks into your business model0
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This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
From the DPS website:Who is responsible for securing deposits?
Under the Housing Act 2004, the landlord is responsible for protecting the deposit. If the landlord has instructed an agent to take the deposit, the ultimate responsibility will remain that of the landlord. The landlord must ensure that the agent is instructed to deal with the deposit in accordance with the legislation.0
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