Deposit return dispute - rent payments

Murdina

Family member is in dispute with former landlord over state in which property left. Landlord as well as claiming back deposit and for other (disputed) costs is threatening to claim for the rent he is losing out on because he says he cannot relet the flat. The flat was perfectly habitable when left & a lot of what landlord disputes is reasonable wear and tear. Family member is now scared they risk having to pay the rent supposedly lost by the landlord while the dispute over the state of the flat continues so they feel they have no choice but to back down totally. Can a landlord claim for lost of rental income against a former tenant who has reached the end of their tenancy purely on the grounds of their (the landlord's) own perception the flat cannot be relet because of the state the landlord says it was left in?

hazyjo

Did your family member take photos? Was there a detailed inventory? Was the deposit protected? Just go through the deposit protection scheme.

RAS

With whom is the deposit registered? They have to be given a copy of the prescribed information when they moved in.

Was there an inventory taken by the LL or agency when your family member moved in; alternatively did they take photos/video of the property when they moved in?

Was an inventory taken when they moved out and did they take their own photos/video at that time?

Murdina

OK we know about DPS, we have the evidence etc etc.

The issue is that the landlord is saying he is going to claim for all the rent he is losing because in his opinion he cannot now relet the property. [Who is to say that he is even trying to relet?] The family member is concerned that they could be on the hook for paying him all this rent he is allegedly losing. I do not think a landlord can legally claim for such rent (only for damage to property etc) even in the remote event that a property was left in a totally uninhabitable state (which is not the case here). Can anyone confirm this?

anselld

No, the L cannot claim for loss of rent after the tenancy ends.   If he feels the need to do repair work etc he should get on and do it.  There is no need to await the outcome of any dispute which is a completely separate issue.

Continue with your dispute, present your evidence and let the DPS decide.