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Former tenants asking for invoices from months ago.
Comments
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* No need for an invoice (except perhaps for HMRC)
* no need to even do the repairs or cleaning
* the deposit deduction was for the damage and/or dirt - either there was damage/dirt or there was not - whether the LL subsequently cleans/repairs is up to him
* Presumably the tenants agreed that there was damage/dirt, and agreed at the time that the deduction proposed by the LL was fair?
* if they did NOT agree at the time, they could have gone to arbitration - I assume the deposit was protected in a scheme?
Consider the woman who drove into my car and dented it in Sainsburys car park. We agreed at the time the cost associated with the dent was £200. She gave me £200.
Whether I go to a garage to get the dent repaired, or decide to continue driving a dented car, is entirely up to me.
Ignore the tenant's request.0 -
Speaking personally, you do seem rather slapdash in paying for stuff cash-in-hand, 'forgetting' to get receipts and invoices.
Just how often do you do that?
If the tenants were to hand a can-opener to the taxman, is that a can of worms you really want them to open?
You know your former tenants best.
Would they be happy with the invoice, knowing that you have actually carried out the work they paid for?
Or are they the type to make trouble if you mug them off?0 -
Did they really agree to the deductions? Sorry but it sounds like you have deducted money and they do not agree so have asked for proof of what was done. Unfortunately a tenant can pay for repairs and the landlord is entitled to not do them, but it sounds like they have become disgruntled for some reason. Maybe they know you do cash in hand and feel you have got a big double barrelled win win by taking their deposit and then working cash in hand.0
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Two very important questions:
Did you get the tenants agreement to the deductions in writing?
Did you correctly register their deposit in an authorised scheme?
If either (or both) is "No", then I expect you will have a problem.
As others have already said, other than for HMRC purposes, you don't need to have a receipt, and also, you are not obligated to even do the work.
If tenants caused genuine damage (over and above fair wear and tear) resulting in £100 repairs (cost to be fair and reasonable and not over inflated!), then this is the deduction you make from the deposit.
If you do the work (or not) is up to you.
Example, if tenants caused decorative damage to a wall in a room costing £100 to repair, but you decide to re-paint the entire room for £300, then you can simply put the £100 towards this cost.
I have a suspicion that the tenants may not have agreed the deductions, have now completed their research, and have established that the deductions must be agreed, and that the deposit must be correctly registered - and if not, they can be awarded money.
Or, as January is not so long ago, they have finally settled in their new home and had the time to check the paperwork, and have asked for proof. (not fully understanding that they don't have a right to it.)
I would open communication with them, explain the position about lack of receipt, also explain that the price was reasonable (assuming it was), and that you used a contractor your are familiar with and could undertake the work promptly.
If you can't justify the cost was reasonable, and you did not register the deposit correctly, you are at risk of a claim, so would suggest reaching an agreement with them.
Next time... get agreements in writing, get quotes/receipts and register the deposit. The latter is the law!0 -
InterestedParty2018 wrote: »Two very important questions:
Did you get the tenants agreement to the deductions in writing?
Did you correctly register their deposit in an authorised scheme?
If either (or both) is "No", then I expect you will have a problem.
As others have already said, other than for HMRC purposes, you don't need to have a receipt, and also, you are not obligated to even do the work.
If tenants caused genuine damage (over and above fair wear and tear) resulting in £100 repairs (cost to be fair and reasonable and not over inflated!), then this is the deduction you make from the deposit.
If you do the work (or not) is up to you.
Example, if tenants caused decorative damage to a wall in a room costing £100 to repair, but you decide to re-paint the entire room for £300, then you can simply put the £100 towards this cost.
I have a suspicion that the tenants may not have agreed the deductions, have now completed their research, and have established that the deductions must be agreed, and that the deposit must be correctly registered - and if not, they can be awarded money.
Or, as January is not so long ago, they have finally settled in their new home and had the time to check the paperwork, and have asked for proof. (not fully understanding that they don't have a right to it.)
I would open communication with them, explain the position about lack of receipt, also explain that the price was reasonable (assuming it was), and that you used a contractor your are familiar with and could undertake the work promptly.
If you can't justify the cost was reasonable, and you did not register the deposit correctly, you are at risk of a claim, so would suggest reaching an agreement with them.
Next time... get agreements in writing, get quotes/receipts and register the deposit. The latter is the law!
Thanks for some good pointers.
Answers to your questions.
Yes, I do have the deduction agreement in writing.
I used a custodial scheme for protecting deposit.
I have the quotes in e-mail from the tradesman, and requested for the copy of receipt.
My question is: Am I obliged to provide an invoice?
I mean... I would be happy to amend any wrongs that I've caused.
But in this situation, I did everything as properly as I could.
Only mistakes I made were:
(a) I forgot to ask for a receipt from the tradesman (being rectified as of now.)
(b) I agreed to the tenant's suggestion about using estimation for deduction. (for which I have the written evidences for)
Should I lawyer up? :huh:0 -
No you are not obliged to provide an invoice. End of ....
As regards your 'mistakes'
A) good idea to get invoice/receipt.
Estimates are probably the basis of many settlements around deposit retention. Landlords may decide not to incur expenses until they know how much is agreed, or may choose to get quotes which cover the work but choose not to have the work done due to selling or reletting the house 0 -
No, your agreement is complete. What is it you're afraid they could do?
I bet the old tenants have got bitter about having deductions & believe they should only pay what is billed, its happened to me before, & like me they'll have to just get over it lol0 -
Nope, IMO not obliged to provide invoice.
It also seems that you have done everything in a perfectly reasonable and correct manner, so have no reason to be concerned.
Sorry, cant offer more advice other than to say; only you know if it will cause more stress to argue about sharing a copy of the invoice/receipt versus simply providing them a copy to satisfy them.0 -
martinbuckley wrote: »If there's one thing worse than a BTL Landlord hoovering up available properties, its a BTL Landlord who subsequently avoids paying taxes by cash in hand deals.
Quite right. I 'ates tax cheats, be they landlord, agent, tenant or MP
Best wishes to all decent members0
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