View Full Version : HELP! - Damages to property - Deposit return
24-04-2008, 21:45 PM
I need urgent help! I purchased a luxury new flat from the developers brand new. A month later it was rented out to a big firm who had many different staff living in. They have recently returned the property and I have since rented it out, but when assessing the property there are damages. An electric heater is not working (they say it never worked despite the fact that I have test certficates from the developer before purchasing and that this was never brought to my attention by them ever), broken fridge shelves (all brand new applicances from the developer), broken dook lock (again brand new from developer), missing lock to post box (they state they were never given the keys to the postbox which is situated outside the flat in communal hallway - they were given keys and it was attached to a spare set left inside the property) - yet they replaced the lock. They also damaged the en-suite shower door, admitted it and replaced it. I have not yet returned their deposit and have asked them to do the repairs and give the property back as it was given (as stated in the tenancy agreement) - they are refusing saying they were never given an inventory which is true as a friend who has his own estate agent was managing for me (his name is on the tenancy as landlord) and never gave one and they are complaining about picking the repair costs of the shower door and post box lock - which they damaged!!!- There are new tenants in my flat now and I need to get the repairs done. I am now going to carry out the repairs as I have given the previous tenants the option to do so otherwise I will. Can I deduct this from their deposit? This was before the tenancy deposit scheme was introduced? How do I go about the repairing the damages they have caused and the return of their desposit etc
25-04-2008, 07:06 AM
Well, without a inventory you are stuffed, although hopefully you have details on the property since it was brand new.
If they've moved out I'd be inclined to have the damage noted and fixed, presenting them with a list of invoices and the remainder (if any) of the deposit.
It's up to them then if they want to sue you.
25-04-2008, 14:51 PM
My opinion is to learn a lesson from this by giving the first tenant back their full deposit and ALWAYS in future get incoming tenants to sign a proper inventory.
Why have you not repaired the property before letting new tenants move in?
Have your new tenants signed an inventory?
26-04-2008, 08:43 AM
I agree with the other replies - without an inventory and scheduale of condition your stuffed.
Assuming you used a company tenancy agreement and you still hold the deposit (as its not a requirement to register it) you could make the deductions for repairs, and send an itemised invoice backed up with photographs of the damage & repairs to the company and hope they dont persue the matter. This is risky though - if they threaten legal action against you then try and reach a compromise or just back down. Regardless of whether the property is new, without an I&SC you should be cautious.
26-04-2008, 10:24 AM
I believe that you should have been named on the contract as the landlord even if your management agency was using their address as on AST's but I am happy to be corrected!
I think you need to look at the contract that was drawn up, and whether an AST or company let was used. Either way, and wherever and however the deposit is held I would imagine you are bearing the cost of this one.
I would repair everything straight away for your new tenants and get a decent schedule of condition and inventory drawn up.
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