Releasing Deposit Early?

Tiglet

One of my tenants was arrested recently. He wouldn't answer the door to the police and they kicked it down

His wife would like the door replaced, but I don't want to pay for it. It occurred to me that it could be paid for out of the deposit, but I'm concerned whether a) we're allowed to do that and b) whether there are any potential pitfalls in doing that. (Apart from there being less/no deposit to cover any future damage etc. in the future, of course).

Pixie5740

I'm not sure that would work. You would have to release the full deposit to the tenant and hope they gave you back the remainder to lodge back in the scheme, or treat this almost as the end of the tenancy in which case I'm not sure what you'd actually do at the end of the tenancy.

Is the wife a joint tenant with her husband?

I'm not exactly sure who is supposed to pay for the damage to the door in cases like these. On one hand it's the tenant's fault there is damage but on the other as a landlord you have a responsibility to repair:

* the structure and exterior of the building, including the walls, stairs and bannisters, roof, external doors and windows
* sinks, baths, toilets and other sanitary fittings, including pipes and drains
heating and hot water
* chimneys and ventilation
* electrical wiring

Tiglet

I wish it were the end of the tenancy! Yes, it's a joint tenancy between the two of them, but he isn't living there any more. She's struggling to pay the rent on her own and I'm kind of resigned to ending up out of pocket anyway. So the deposit will most likely end up being spent on rent arrears even if it can't be used for the door.

I haven't had any quotes for the work yet, so I don't know whether it will take the whole of the deposit or just some of it. If it's only a part of it, I would have thought I could deduct it from the deposit and leave the balance in the deposit. Also, if we agree to spend the money on the door, why should it go to the tenant if I'm the one arranging the repair?

theartfullodger

As pixie says, you have the responsibility to repair/re-place the door: Regardless of why it needs sorting.

Nothing to stop you attempting to recover the costs later from tenant or Police... (good luck with that...)

Miss_Samantha

From what we've been told, the tenant is liable for the damage although the landlord is responsible for the repairs.

marliepanda

You'll probably have to replace it now, and take it out of the deposit when they leave, keep all your receipts.

And hope they don't cause more damage between now and then over and above what you have.

If the police acted incorrectly they usually pay for the damage, but as he was subsequently arrested (aka they weren't at the wrong door) you won't get anything back from The police.

Guest101

Tiglet wrote: »

One of my tenants was arrested recently. He wouldn't answer the door to the police and they kicked it down

His wife would like the door replaced, but I don't want to pay for it. It occurred to me that it could be paid for out of the deposit, but I'm concerned whether a) we're allowed to do that and b) whether there are any potential pitfalls in doing that. (Apart from there being less/no deposit to cover any future damage etc. in the future, of course).

Depending on the circumstance of the arrest, the police may pay for a new door. Need more details.


I think it would be sensible for you to replace it (as you legally have to) but get the wife to sign a document agreeing to pay a set amount from the deposit.

Tiglet

The police won't pay for it, they were just doing their job.
I don't want to pay for it cos it wasn't my fault (though no doubt I'll have to pay for it up front in any case)
Mrs. Tenant can't afford it
Mr. Tenant has gone,

so the only option seems to be to take the money from the deposit afterwards.

FBaby

I think it would be sensible for you to replace it (as you legally have to) but get the wife to sign a document agreeing to pay a set amount from the deposit.

Where is this stated? All I can read is that if the damage is caused by the tenant or one of their visitor (that would be the police in this case!), accidental or deliberate, it is the responsibility of the tenant to fix.

Miss_Samantha

Tiglet wrote: »

I don't want to pay for it cos it wasn't my fault (though no doubt I'll have to pay for it up front in any case).

This is irrelevant. You are running a business and have legal obligations. Not fulfilling these obligations can only result in more trouble for you (you don't want the council to become involved in a claim for disrepair).

Pixie5740

You should issue a Section 21 whilst you're at it...today even. Especially as you think there's a high chance of arrears.