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cinders
21-04-2006, 21:38 PM
Recently my friend’s tenants moved out of her rental home – she sent them a refund cheque minus the cost of cleaning the carpets which were filthy £100 (the carpet is old and stained in parts originally, however not filthy and had been cleaned prior to the tenants moving in 2 years ago). She also had to replace the door knocker which was originally tarnished but now had been broken off and literally non existent £25. The sofa was 5 years old and slightly worn particularly on one arm, however, upon the tenants vacating she found the sofa had been ripped across the pillows and would cost quite a bit to refurbish or replace - £100. These tenants are now claiming they shall take her to the Small Claims Court even though she also has photographic evidence. As my friend is pretty fragile at the moment due to major marital problems she feels these people are taking great advantage of her – does she have a leg to stand on? She did have an inventory done prior to the people taking the tenancy. I would be grateful for any advice you could pass my way - she has also received two letters from them stating they want a full refund otherwise they intend taking her to the Small Claims Court. My friend is a very genuine person and certainly is not trying to gain at someone elses expense so I am trying to help her. I thank you for your time in advance. Cindy

Jennifer_M
21-04-2006, 23:41 PM
Some tenants will threaten court action to frighten a landlord into paying out.

As long as your friend had a good inventory done and signed by the tenants when they moved in she shouldn't fear anything.
She needs to be able to prove the cost of fixing the property with invoices though. She can't claim for something if she doesn't fix it.

Looking at the charges, she seems to be pretty fair so if I was your friend I'd simply let the tenants try it on and not worry about it.

Worldlife
22-04-2006, 05:33 AM
Cinders these people may be trying to act tough on someone they think is frail. Maybe you should write very strongly on behalf of the landlord.

The charges also seem quite reasonable to me and should of course be supported by invoices or estimates.

Maybe send copies of these to the tenant and state these will be presented as part of the landlord's evidence in Court. State the evidence will also include photographs and affidavits proving the amounts witheld from the deposit are fair and reasonable.

The matter is as far as you are concerned closed by the tenants acceptance of part of the refund of the deposit and you intend to enter into no further communication or discussion on concerning the deposit until such time legal proceedings are instituted at the tenant's expense.

( Wonder if tenants have followed the correct procedures. Should ireturn of part of the deposit be only accepted as without prejudice to any claim for the outstanding amount of deposit?)