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Returning deposit - time limit

tracey29
Posts: 275 Forumite


I am a first time landlord and the tenants moved out of my property on 17th October. I have only just received the check-out survey from the company I used and there is around £1000 of damage / work required.
I am holding the deposit and have just emailed them to say that I’ve received the report and asked if they’d like a copy.
The tenants have just come back and said that, as per the signed contract, the time has elapsed for any problems to be reported and asking for the return of their deposit in full.
I had an initial contract period of one year with them and this was arranged and the rent was collected by an agency. After this period I managed it in full and it went into a periodic tenancy (I think that’s what it’s called).
I have been waiting for the check-out report from the company who did the check-in one and have chased it this morning. They said I needed to contact the agent but I explained (for the second time) that I was managing it myself and had arranged it myself therefore needed the report to be sent to me.
Can anyone please help with where I stand here. I've got a feeling that I've missed the boat but I'm hoping I haven't.
I am holding the deposit and have just emailed them to say that I’ve received the report and asked if they’d like a copy.
The tenants have just come back and said that, as per the signed contract, the time has elapsed for any problems to be reported and asking for the return of their deposit in full.
I had an initial contract period of one year with them and this was arranged and the rent was collected by an agency. After this period I managed it in full and it went into a periodic tenancy (I think that’s what it’s called).
I have been waiting for the check-out report from the company who did the check-in one and have chased it this morning. They said I needed to contact the agent but I explained (for the second time) that I was managing it myself and had arranged it myself therefore needed the report to be sent to me.
Can anyone please help with where I stand here. I've got a feeling that I've missed the boat but I'm hoping I haven't.
0
Comments
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There is no legal time-limit.
If your tenancy agreement has one, then you should question yourself why it is there.Well life is harsh, hug me don't reject me.0 -
£1000 is a hell of a lot of damage. Have you been to the property and seen it for yourself since the tenant moved out?0
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Would that have been in the original agreement that was drawn up by the letting agent or does it change when it rolls over to a SPT?
It would be in the original contract, the periodic tenancy would have the same terms as the original fixed term.
Was the PI re-issed when the tenancy became periodic?0 -
fairy_lights wrote: ȣ1000 is a hell of a lot of damage. Have you been to the property and seen it for yourself since the tenant moved out?
They've left 3 oil stains on the driveway and it's eating away at the tarmac - this is going to cost £600 to repair.
They haven't had the carpets cleaned and that's £320
They also haven't had the oven / hob / extractor cleaned and I'm waiting for a quote back for that.
There are also a few other areas that they didn't clean or have damaged and I haven't had a quote for that but I'm guessing that & the oven clean will be at least £80.
I've moved back into the house so I know what damage has been done unfortunately.0 -
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Your tenants could sue you for compensation (1 to 3 times the deposit) for not reissuing the PI when the tenancy became periodic. They have up to 6 years to do this. They might not know what they could though.
Actually when you say you are holding the deposit, do you mean that you have physical custody of the money and registered it with an insurance backed deposit scheme at the start of the tenancy?0 -
Your tenants could sue you for compensation (1 to 3 times the deposit) for not reissuing the PI when the tenancy became periodic. They have up to 6 years to do this. They might not know what they could though.
Actually when you say you are holding the deposit, do you mean that you have physical custody of the money and registered it with an insurance backed deposit scheme at the start of the tenancy?
When I took over having physical custody of the money I registered it with the TDS and issued them with a certificate to prove this and also the PI and Clauses non-AST's document that came with it.0 -
I have just spoken to the TDS and gone through a response to my tenants with them. This is what the TDS said I should write and then if we don't agree I should refer it to them. Does this sound right?
'I’ve attached a copy of the schedule for you.
I have had quotations for repairing the driveway, the front door can made good but isn’t repairable, cleaning the carpets and oven and there was a certain amount of cleaning required as per the check-out survey report.
The quotes I have had for the above items are:
Driveway £600.00
Carpet Cleaning £320.00
Front Door £60.00
Oven, hob and extractor £90.00
Can you please come back with a response to this within 5 working days from today’s date.
Any deductions that you disagree on will be dealt with via the Tenancy Deposit Scheme.'0 -
£600 for oil on the driveway!?
You will have had to state condition of the driveway on your inventory (if you did then I'd be amazed).0
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