blandford
12-12-2011, 22:05 PM
Hi everyone, I signed up to ask for advice on a conflict with a tenant:
A new tenant agreed to move into my property and at that time I agreed (via email) to perform some repairs/maintenance and clean the flat prior to them moving in. We agreed a moving in date and they paid their deposit. The tenant also agreed to pay the first month's rent before moving in.
As moving in day approached the tenant emailed to say they were not happy with the quality and completeness of my repairs/maintenance and that the flat was dirty. They had not paid the first months rent which I then requested. They refused to pay until I sorted out the problems. At this point communications broke down until (a week after moving in date had passed) the tenant emailed to say they no longer wanted the property. They asked for the desposit back and requested I let them know what to do with the keys (which I had given them in advance of the moving in date as the flat was empty).
To avoid hassle I agreed to this and requested they drop the keys back at the flat. 20 days later the tenants notify me that they have not received the deposit back - I tell them I have not paid it because the keys have not been returned. They then say they have not returned the keys because they have not had their deposit! So we are at deadlock.. Am I right to keep their deposit? If they do not return the keys in a reasonable time am I right to change the locks and use their deposit for that purpose?
How would this stand in a small claims court?
Apologies for the lengthy first post,
B
A new tenant agreed to move into my property and at that time I agreed (via email) to perform some repairs/maintenance and clean the flat prior to them moving in. We agreed a moving in date and they paid their deposit. The tenant also agreed to pay the first month's rent before moving in.
As moving in day approached the tenant emailed to say they were not happy with the quality and completeness of my repairs/maintenance and that the flat was dirty. They had not paid the first months rent which I then requested. They refused to pay until I sorted out the problems. At this point communications broke down until (a week after moving in date had passed) the tenant emailed to say they no longer wanted the property. They asked for the desposit back and requested I let them know what to do with the keys (which I had given them in advance of the moving in date as the flat was empty).
To avoid hassle I agreed to this and requested they drop the keys back at the flat. 20 days later the tenants notify me that they have not received the deposit back - I tell them I have not paid it because the keys have not been returned. They then say they have not returned the keys because they have not had their deposit! So we are at deadlock.. Am I right to keep their deposit? If they do not return the keys in a reasonable time am I right to change the locks and use their deposit for that purpose?
How would this stand in a small claims court?
Apologies for the lengthy first post,
B