Bond return - Landlord Point of view

WoodyWoodpecker

Hi guys really needing your input as have just had some tenants move out and needing advice on if I could withold some of their bond.

They've basically moved out and cleared their stuff but left the following mess

1) House unclean (contract states should be left in the state it was when they entered)

2) Main bedroom carpet which was new has noticable threading pulled and is a bit of a state

3) Their microwave, other household appliances and dog cage left in garden for us to clear

4) Carpets dirty and would need a clean before new tenants

5) Basement carpet had to be taken up due to leak and thus needs renewing

Further note they broke the tenancy agreement as had a dog in the property when the agreement states no pets without written permission of the landlord which we didn't give them. Actually only found out they had a dog in there the week before they left as I live 500 miles away!

Do you think its fair that I take the share of costs for sorting this from the bond? Don't want to be awful but at the end of the day I need the house in a fit state!

Any constructive help/input would be much appreciated

Thanks

Guest101

WoodyWoodpecker wrote: »

Hi guys really needing your input as have just had some tenants move out and needing advice on if I could withold some of their bond. Did you protect their deposit in a registered scheme, and provide the information to the tenants within 30 days of the tenancy starting?

They've basically moved out and cleared their stuff but left the following mess

1) House unclean (contract states should be left in the state it was when they entered) Can you prove the state of the house, ie what does the inventory say? Is it signed by the tenants?

2) Main bedroom carpet which was new has noticable threading pulled and is a bit of a state How long were they there? Could be wear and tear, can you prove the same as point 1?

3) Their microwave, other household appliances and dog cage left in garden for us to clear Yes you can (assuming you did protect their deposit) deduct reasonable costs for removal.

4) Carpets dirty and would need a clean before new tenants Same as point 1.

5) Basement carpet had to be taken up due to leak and thus needs renewing Did they cause the leak, if not then no chance.

Further note they broke the tenancy agreement as had a dog in the property when the agreement states no pets without written permission of the landlord which we didn't give them. Actually only found out they had a dog in there the week before they left as I live 500 miles away! - Unlikely you'll win that clause, its very contentious. But you could try to deduct reasonable cleaning expenses, Otherwise you'll have to go to court.

Do you think its fair that I take the share of costs for sorting this from the bond? Don't want to be awful but at the end of the day I need the house in a fit state! You can just take it from the bond, the tenants must agree, or you must go to arbitration

Any constructive help/input would be much appreciated

Thanks

Please answer the questions for more accurate info

benjus

You mentioned that the bedroom carpet was new; if the carpets were brand new when the tenants moved in and you have invoices etc to prove it, you may not need to rely on the inventory too much for the carpet cleaning.

Guest101

benjus wrote: »

You mentioned that the bedroom carpet was new; if the carpets were brand new when the tenants moved in and you have invoices etc to prove it, you may not need to rely on the inventory too much for the carpet cleaning.

Sorry but that is incorrect, invoices dont prove anything. The tenants must sign the inventory to agree the carpets were new and clean. But it may help the case, along other documents

WoodyWoodpecker

Guest101 wrote: »

Please answer the questions for more accurate info

REPLY TO GUEST 101

Bond is simply kept in ex father in laws bank acct so not registered.

1) House was cleaned before entry of tenants but nothing signed

2) Tenants were only in for 6 months and bedroom carpet was new before the entered

3) Will get someone in to clear rubbish/microwave etc and take off bond

4) Carpets cleaned but nothing signed

5) Can't prove they caused the leak although they were the only one's who used the tap in question (also they never showed my ex contents insurance)

Would the tenancy agreement signed by both themselves and the guaranteur staying no pets unless written consent given not go in our favour with the lounge carpet needing a real clean?

I have a feeling this is going to be a really stressful process :mad:

Just got home from hospital too with our new premature baby after a month in there so not hassle I need

DRP

WoodyWoodpecker wrote: »

REPLY TO GUEST 101

Bond is simply kept in ex father in laws bank acct so not registered.

if your tenants know their rights then you are stuffed.

Guest101

WoodyWoodpecker wrote: »

REPLY TO GUEST 101

Bond is simply kept in ex father in laws bank acct so not registered. - You must return it immediately. You have broken the Law and could be sued for upto 3x the value of the deposit. (Im assuming you are based in the UK?) Do not make any deductions, do not make a fuss, just return it and hope that your tenants dont read these boards.

1) House was cleaned before entry of tenants but nothing signed next time get a signed inventory, even if you had depsotied in a scheme, you wouldnt be able to claim

2) Tenants were only in for 6 months and bedroom carpet was new before the entered irrevelavent currently as no inventory and no DPS, but in theory you couldve

3) Will get someone in to clear rubbish/microwave etc and take off bond See above, but again in theiry you couldve

4) Carpets cleaned but nothing signed get an inventory next time

5) Can't prove they caused the leak although they were the only one's who used the tap in question (also they never showed my ex contents insurance) Contents insurance is nothing to do with you, and if theres a leak in the pipe its your resposibility, using a tap is normal, if they bent the pipe then you could've

Would the tenancy agreement signed by both themselves and the guaranteur staying no pets unless written consent given not go in our favour with the lounge carpet needing a real clean? in theory it could've but not now

I have a feeling this is going to be a really stressful process :mad: it'll be an unhappy process since you cant claim, so not so stressful, just give them their money

Just got home from hospital too with our new premature baby after a month in there so not hassle I need sorry to hear that, hoe both mum and baby doing great

I'm just trying to keep you on the right side of the law, if you follow my advice you MAY avoid paying upto 3x the value of the deposit, please listen to my advice

dodger1

WoodyWoodpecker wrote: »

REPLY TO GUEST 101

Bond is simply kept in ex father in laws bank acct so not registered.

1) House was cleaned before entry of tenants but nothing signed

2) Tenants were only in for 6 months and bedroom carpet was new before the entered

3) Will get someone in to clear rubbish/microwave etc and take off bond

4) Carpets cleaned but nothing signed

5) Can't prove they caused the leak although they were the only one's who used the tap in question (also they never showed my ex contents insurance)

My advice for what it's worth, give back the deposit in full and hope the tenants don't realise about the deposit not being registered and the fact they could take you to court for that. As for the rest learn from your mistakes.

agrinnall

Before jumping too quickly on the OP we need to know where the property is - given that it's 500 miles away there is a chance that it's in Scotland, and therefore the deposit doesn't need to be protected. Although the seeming lack of a signed inventory will make it much more difficult to retain anything from the deposit anyway.

mrginge

agrinnall wrote: »

...there is a chance that it's in Scotland, and therefore the deposit doesn't need to be protected.

Are you quite sure about that?

clark24

agrinnall wrote: »

Before jumping too quickly on the OP we need to know where the property is - given that it's 500 miles away there is a chance that it's in Scotland, and therefore the deposit doesn't need to be protected. Although the seeming lack of a signed inventory will make it much more difficult to retain anything from the deposit anyway.

Deposits DO need to be registered in Scotland, our schemes have different names but our rules are the same!