Ast

BitterAndTwisted

It seems pretty clear to me, too. She requested that you agree for her tenancy to end before the expiry of her AST. You confirmed this in writing. She removed all her possessions from the property and agreed for the check-out inspection to take place, she attended and then handed back the keys.

No-one who wishes for their tenancy to continue would be pressing for their deposit back.

Get all of the repair work priced up pronto if you haven't got receipts for them already and then claim that back via the deposit scheme asap.

Trebor01

thesaint - yes i can i have an email from the redirection service. They won't give the new address but have confirmed postal re-direction to different address. also have confirmation gas and elec cancelled.

Trebor01

Additionally they have now admitted to cancelling the STO for the monthly rental payment!!

SerialRenter

It doesn't seem like the ex-tenant has a leg to stand on it you have proof of your mutual agreement to end the tenancy.

What you should perhaps be more concerned with is building a case with evidence to provide to the DPS.
Are the photo's signed by the tenant?
When you've estimated costs have you taken fair wear and tear into account?
Are you aware you're not entitled to betterment. e.g. can't charge new for old.

Forgive me for being cynical, but claiming £5000 of damage is rather a lot! Although I can well believe that a malicious tenant could cause that level of damage. I would hope that's rare though.

Trebor01

Hi serialrenter and thanks for your comments. Yes all signed as part of the tenancy agreement. I do appreciate £5000 does sound a lot but removing pretty well all carpets, some of which were sizel hall/stairs and landing, along with redecorating almost the complete house, and even painting fence panels and odd colour and an outside wall on the house, may give some idea on my problem. Thanks re comments concerning betterment which I fully understand. My concern is that my own property has not suffered wear and tear, it has been removed and destroyed and replaced with items and ecor of their taste not my own, so difficult to assess wear and tear now. Obviously the DPS will need to assess, but I will be seeking all of the deposit and potentially need to ask for more via a small claim. Sizel carpets estimate alone already over £5000 !!

Pixie5740

Had the flat been decorated and carpeted immediately before this tenant moved in or had you got a few years use out of the decor, carpets and fence panels prior to the tenant moving in?

BitterAndTwisted

You need to get your calculator out. You've stated that you understand the issues around "betterment", so we don't need to go into that here.

For items which were removed and disposed of without your permission I would use the following formula:

Depreciated cost of removed items at time of disposal equals X. Cost of new replacements equals Y. Tenant owes you Y minus X. I would apply the same formula for redecorating costs.

SerialRenter

BitterAndTwisted wrote: »

Depreciated cost of removed items at time of disposal equals X. Cost of new replacements equals Y. Tenant owes you Y minus X. I would apply the same formula for redecorating costs.

A=Item original cost
B=Item age in years
C=Years item can reasonably be expected to last
D=Labour to assemble/fit item

Cost=A-(A*(B/C))+D