Former tenant now wants bond back, advice please?

pinkshoes

Gin_and_Milk wrote: »

I know it doesn't matter, but all I asked for was advice, not snarky comments. (I've never understood why people do it on forums).

There isn't much bond left to return; which they already acknowledge. In fact if we wanted to be hard nosed about it we'd charge them in full for the redecorating the living and dining rooms given that they didn't look after it. Given that the bond itself is £425 and the decorating alone cost quite a bit more. But no, I don't want a protracted argument, I simply wanted to know where I stood. And now I do.
Thanks

There may not be much bond left but if they seek advice they will discover that they are quite entitled to sue you for 3X the bond...

So either take a chance, send them the breakdown and return the remaining bond, or send the whole lot back with an apology for it being late.

Their text clearly doesn't state you can keep it!

Gin_and_Milk

Their other text does state that but i take your point.
I will arrange to return their bond in full when i get home from work.
Thanks

Gin_and_Milk

AdrianC

I am not refusing anything and I'm not sure what makes you think that. I have thanked people for their help, however I have never understood why some people feel the need to post comments which are not intended to be helpful at all and I will leave it at that.

AdrianC

Gin_and_Milk wrote: »

I am not refusing anything and I'm not sure what makes you think that.

Simple. The replies you've posted.

I have thanked people for their help

And complained about other replies.

however I have never understood why some people feel the need to post comments which are not intended to be helpful at all and I will leave it at that.

"What you want to hear" is rarely the same as "helpful".

FBaby

here isn't much bond left to return; which they already acknowledge. In fact if we wanted to be hard nosed about it we'd charge them in full for the redecorating the living and dining rooms given that they didn't look after it. Given that the bond itself is £425 and the decorating alone cost quite a bit more.

Even if you had protected the deposit properly, this wouldn't be the case. Wear and Tear would apply on what you can deduct, and somehow, when it comes to tenants, it is expected that the W&T process is twice as quick than for an average home owner (a concept that I find very puzzling in its significance but were we are!).

You are stuck between a rock and a hard place. If you return the deposit, they might get suspicious and indeed, question why that could be and find out about them being able to get x3 that amount if they haven't yet. That would mean paying x3 that amount in addition. Of course, it could mean that they are delighted and move on.

If you reply by doing as asked, ie. provide a breakdown of costs (remember W&T)and say you will return the rest, they might also be satisfied and move on. If they intend to take you to court, it might an amount that you can counter claim if the judge agrees that your deductions were reasonable.

One thing too to take into account is that they have up to 6 years to take you to court. Not a good place to be at and potentially a very expensive lesson.

Lrimas

Their text didn't really say that you can keep the bond, it said that they are giving up trying to get it because they can't do anything about it.

They have since found out that they have rights and have (rightly) asked you to follow the rules.

Even if you hadn't broken the law the morally right thing to do would have been to send them a breakdown of what you had to do to the place (taking into account the condition of the property when they moved in and wear and tear for the length of their stay).

For now I recommend returning the deposit. They already know they can take you to court.

Guest101

Seriously how does one not protect a deposit, it's been law for ten years....

AdrianC

Guest101 wrote: »

Seriously how does one not protect a deposit, it's been law for ten years....

Well, we don't know the back story, and they didn't decide...

aneary

I think you may have shot yourself in the foot asking for the solicitor's details, that may have been a threat but now that you have asked for the details they may go and get one.

If they didn't already know about the deposit scheme they will now. Paying back the whole deposit will also make them suspicious. I would see if you can come to an agreement with them before a solicitor is involved unless it's too late.

fairy_lights

aneary wrote: »

I think you may have shot yourself in the foot asking for the solicitor's details, that may have been a threat but now that you have asked for the details they may go and get one.

I was going to say, OP's husband telling them that they want to deal directly with their solicitor might have come across as a bit antagonistic.