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View Full Version : £100's of damage, bond not protected - advice



quade
08-02-2009, 22:44 PM
Hi

A tennant has just moved out and has basically trashed the place, lots of parties, kicked in kitchen cabinets (and lots worse)

Anyway, i've been looking for advice on how to handle this the legal way, when i found out i was supposed to protect the bond, however, this was not done (i didn't know, and it was after april 2007), and i'm now afraid if they get legal, that i'll be out of pocket

where do i stand on this?

also, most of the work was fixed/cleaned by myself, so how does this work, do i charge myself out at an hourly rate for correcting the issues.

confused first timer here, so go easy.

Thanks
Bill

PaulF
08-02-2009, 22:47 PM
It depends on whether your ex-tenant takes advice as to your misdemeanour by not protecting the deposit. Does it cover the total amount of damages, and if not are you going to pursue it?

quade
08-02-2009, 22:54 PM
Hi Paul

the bond we took will cover the damages, we'd probably need more money, but are going to write this one off as a mistake due to the bond thing

We need to get this bond money, otherwise we are out of pocket, and it hardly seems fair.

where do you think i stand on this, will i be more out of pocket if they get legal?
what would you do?

thanks

PaulF
08-02-2009, 23:00 PM
I forgot to ask if you have a Possession Order from the Court or if your tenant has abandoned the premises and returned the keys (i.e. surrendered the lease); also has the tenant completed the fixed term of the tenancy?

quade
08-02-2009, 23:09 PM
hi paul

Yes, he told me he wanted to move out, so we agreed it needed to be a month, and when he moved out i was horrified

there was no court action etc.
I popped around a week before he moved out, and i noticed some of the damages and raised it with him, he said it would all be sorted, however, it wasn't.

when i took a good look, there were lots of issues

PaulF
08-02-2009, 23:25 PM
You could use the deposit to cover the damage but your problem will be if he challenges it. He has 6 years to do so. If you think that's unlikely then you have to do what you will.

mind the gap
08-02-2009, 23:29 PM
If you do not return his bond, he could legitimately sue you for its return plus 3x its value, plus costs.

My advice would be - don't risk it. Return it in full immediately and cut your losses. View it as a learning curve - you are now further along it, if out of pocket.

Next time, protect the deposit you take within 14 days and supply the tenant with the prescribed info within a further 14 days.

quade
09-02-2009, 08:41 AM
thank guys,
the other thing i didnt mention was that he forgot to cancel his standing order so ive got an extra months rent, could i use this to cover damages and gives his bond back?

jta
09-02-2009, 08:57 AM
If you have accepted that extra rent, then he still has a tenancy, be very careful or you could end up being done for illegal eviction. Read the posts regarding this.

quade
09-02-2009, 09:18 AM
If you have accepted that extra rent, then he still has a tenancy, be very careful or you could end up being done for illegal eviction. Read the posts regarding this.

Thanks for the warning jta

the money came in via standing order, so there was no way for me to accept/reject it

The guy actually moved out already, but then called to say he didn't cancel in time and asked for the money back (to which i agreed)
It's only just come into my account, so was going to transfer it back

However, could i return the bond, and say i'm keeping the extra money for damages to the property?

fletchj
09-02-2009, 09:57 AM
Here's an idea that might work - write him a letter saying I will return the rent overdue but will be keeping the deposit to cover damages - do not include a cheque but do send out a form for him to sign and return saying that this arrangment is in full and final settlement of all matters relating to the rental. Phrase it so you are just putting it in writing so everyone is clear - don't mention the non protection of the deposit. If he signs it and returns give him back the months rent.

More experienced people than me should be along in a while but this would seem to make it more difficult for him to come back later on the protection of the deposit matter.

Given the amount of damage you describe he is pretty likely to go for this as you can't pursue him later for anything else you find.

quade
09-02-2009, 10:17 AM
yeah this sounds good

i'll give it a go, anyone else care to comment