Bond return - Landlord Point of view

moromir

Guest101 wrote:

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

Sorry but that statement is wholly incorrect.

The TDS, in their own guidance, accept invoices as proof that item is new and in good condition and can be used in the absence of an inventory.

19lottie82

If the property IS in Scotland, then the OP should have legally protected the deposit, if it was taken AFTER 2nd October 2012.

If not, protection was not a legal requirement.

BUT I don't think they will get very far without a SIGNED inventory.

BitterAndTwisted

Any landlord who lets a property without an accurate dual-signed and dated check-in inventory is a ruddy fool and an amateur.

princeofpounds

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

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

Unfortunately yes, it's likely to be given what you have said.

Guest101

moromir wrote: »

Sorry but that statement is wholly incorrect.

The TDS, in their own guidance, accept invoices as proof that item is new and in good condition and can be used in the absence of an inventory.

Not quite, an invoice showing new carpets were purchased AND fitted could be used, but not just for purchase. I shouldve been clearer

19lottie82

Oooooop, just checked the OP's previous posts, which suggest HE now lives in Scotland, so I'm guessing the house is in England.

OP - As the deposit isn't protected, I suggest you return it ASAP , forget about any deductions AND hope that your tenants aren't clued up enough to take you to court to sue you for up to 3x the original amount.

Deposit protection is a legal requirement, so the fact that you won't see any of it back despite the damage, is entirely your own fault I'm afraid. Even if it had been protected you would have a hard time proving the state of the property when they moved in without a signed inventory.

You should really brush up on current LL rules and regulations before re letting your property.

benjus

Guest101 wrote: »

Not quite, an invoice showing new carpets were purchased AND fitted could be used, but not just for purchase. I shouldve been clearer

I guess I should have been clearer in the first place... of course, you would need the invoice to show that the carpet was fitted in the property in question - otherwise the landlord could start claiming for everything they bought that month...

Although this is all academic in the case of this particular landlord.

McKneff

And Google 'how to be a landlord' lo'

Good luck with it all.

agrinnall

19lottie82 wrote: »

If the property IS in Scotland, then the OP should have legally protected the deposit, if it was taken AFTER 2nd October 2012.

If not, protection was not a legal requirement.

BUT I don't think they will get very far without a SIGNED inventory.

Thanks lottie, it wasn't the case when I was last a LL but that was pre-2012. I actually had a quick look for this the other day but couldn'd find a definitive answer in the short time I had.

And of course, as you have surmised, it could well be that the locations are reversed and the house is in England. In which case the OP needs to read and learn from G_M's post if he intends to carry on letting the property.

http://forums.moneysavingexpert.com/showpost.php?p=41160642&postcount=12

Werdnal

OP, how much is the bond?

How much is 3x the bond?

How much worse off will you be if the tenants claim the full 3x deposit value, plus the original deposit return, plus their £1K court fees for bringing this action

VERSUS

Cleaning the carpets, removing the rubbish and putting the property back on the market asap, AND returning the whole deposit amount to the tenants and hoping they don't sue you.

Lesson learned, read the linked post above on how to be a landlord and do it correctly and above all legally next time.