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View Full Version : How soon do I have to decide how much should be retained from deposit?



fresh to the market
07-03-2010, 09:01 AM
I'm having trouble gaining access to do an inspection and am worried that the tenants will also make life difficult for viewings too.

I have 3 worries:

1. That the house will need work doing to it and I won't find that out until they've moved out.

2. That it will then be hard to get trade in asap to limit the time the house is empty.

3. That their lack of communication and cooperation will lead to the house being empty because the agent can't get access to the proporty to market it.


How long do I have after the tenancy has finished to work out how much deposit to hold onto. Are the tenants able to be penalised for not allowing me entry or for being blooming awkward for viewings?


Any thoughts and insights would be very welcome :)

mind the gap
07-03-2010, 11:41 AM
In practice, you cannot force your T to allow access for viewings, even if this is allowed for in your tenancy agreement. Although it is your house, it is their home and they have a right to 'quiet enjoyment' of it. You can in theory apply for a court order to enforce the clause about viewing, but by the time that is granted, T will be long gone anyway. In the end whether they allow access or not will hinge on their goodwill and their relationship with you. Sometimes, for no fault of the LLs, Ts refuse access and it's a pain, but you just have to factor in the extra expense this may cause you.

If you can demonstrate you have suffered a financial loss because of it, you may have a case for claiming this from the T - I'm not sure.

As to how soon you can assess deductions for damage, cleaning etc : invite T to be there on the day the tenancy ends and to accompany you as you conduct the detailed check-out inventory. This can then be compared with the equally detailed check-in inventory and any discrepancies between the two used as the basis for deductions.

If T does not turn up then you will have to conduct the inventory check without him. Take lots of photographs as evidence of the state of cleanliness and repair. If T agrees, you can apply for the deposit to be released to him, minus any agreed deductions, as soon as possible after that. If he disagrees, you will have to raise a dispute with the protections scheme and let the arbitrator decide.

Is your tenant''s deposit protected in a scheme?

Please be aware that without a detailed check-in inventory to support your claim, it is likely to fail.

westminster
07-03-2010, 14:57 PM
How long do I have after the tenancy has finished to work out how much deposit to hold onto. Are the tenants able to be penalised for not allowing me entry or for being blooming awkward for viewings?

If this is an AST in England/Wales which began or was renewed after 6th April 2007, the deposit should be protected, and the scheme will have a timeline of when a deposit should be returned or, if deductions are disputed, when a dispute should be initiated. Check the scheme website or call them.

If the contract states that T must allow viewings in, say, the last month of the tenancy, then you might have a case to claim for compensation (less likely if the dispute went to deposit scheme adjudication as opposed to the court - note that you can refuse to use adjudication).

If you have evidence of the original condition of the property, usually in the form of a check-in inventory, and you discover that the tenant has caused extensive damage (and gather evidence of it) so that the repairs delay the remarketing of the property, you can claim for loss of rent for that period (again, less likely to succeed if dispute decided by adjudication).

Good supporting evidence is key to success in either adjudication or the county court.