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crels
30-10-2007, 18:38 PM
Our tenant has just left - first we had a 6 month agreement then he decided to stay on for a further three months; I issued a new backdated agreement to cover the new and the original period to which he agreed and he then stayed on for a further month. The deposit was therefore with me but not covered by any scheme.

He was a model tenant but we now have a small dispute in so much as there is some damage to some of the items which I would like replaced and also damage to walls where he put up some pictures. I agreed to the hanging of the pics but did not think it needed to be stated that any damage would have to made good.

He is now querying this and saying that a) I agreed to the hanging of the pictures and that b) I’d better return the deposit without any deduction particularly as the deposit was not covered by the TDS from April 2007 even though he signed and agreed to the backdated agreement and c) thinks I should just put it down to wear and tear.

Although he cleaned the flat well, he failed to do any of the other things noted in the End of Tenancy letter (replace lightbulbs etc).

The damage and replacement parts equates to around £100.00 in costs. I resent being threatened. How should I proceed?

pcwilkins
30-10-2007, 20:32 PM
Our tenant has just left - first we had a 6 month agreement then he decided to stay on for a further three months; I issued a new backdated agreement to cover the new and the original period to which he agreed and he then stayed on for a further month. The deposit was therefore with me but not covered by any scheme.

Why a backdated agreement? Why not just a new agreement for the next three months? Or just let the tenancy go periodic? Of course these suggestions are a bit late now.


and that b) I’d better return the deposit without any deduction particularly as the deposit was not covered by the TDS from April 2007 even though he signed and agreed to the backdated agreement

TDS applies to all agreements created after 6th April 2007. Your agreement was created after this date, even though it was backdated to before this date. In my opinion, TDS should apply, otherwise you have discovered a very crafty loophole.


How should I proceed?

Cautiously, and possible by consulting a solicitor who specialises in property law. You obviously have a tenant who knows what he's doing.

Peter

margaret
30-10-2007, 20:36 PM
Our tenant has just left - first we had a 6 month agreement then he decided to stay on for a further three months; I issued a new backdated agreement to cover the new and the original period to which he agreed and he then stayed on for a further month. The deposit was therefore with me but not covered by any scheme.

He was a model tenant but we now have a small dispute in so much as there is some damage to some of the items which I would like replaced and also damage to walls where he put up some pictures. I agreed to the hanging of the pics but did not think it needed to be stated that any damage would have to made good.

He is now querying this and saying that a) I agreed to the hanging of the pictures and that b) I’d better return the deposit without any deduction particularly as the deposit was not covered by the TDS from April 2007 even though he signed and agreed to the backdated agreement and c) thinks I should just put it down to wear and tear.

Although he cleaned the flat well, he failed to do any of the other things noted in the End of Tenancy letter (replace lightbulbs etc).

The damage and replacement parts equates to around £100.00 in costs. I resent being threatened. How should I proceed?

he was a good tenant £100 is not a big deal, I guess wear &tear is the best option.

crels
30-10-2007, 22:07 PM
Thanks for your replies. I realise now that I should proabably have just left it run as a periodic, however the back dated agreement has been dated retrospectively.

Rodent1
31-10-2007, 00:21 AM
You could argue the toss with T over this one ....But is it worth it over £100 ?

If this is the only AST and original (and copies destroyed ...all of them ?)then how can anyone prove that this was done retrospectively ?
If this is the case bill him and keep the money and develop amnesia on the point of retro.

If it is just possible that T has a copy of original then i would offer 50-50 on the bill .....If T not playing then give him his £100 and move on !
Simon

pcwilkins
31-10-2007, 08:26 AM
If this is the only AST and original (and copies destroyed ...all of them ?)then how can anyone prove that this was done retrospectively ?
If this is the case bill him and keep the money and develop amnesia on the point of retro.

Only one word to describe that suggestion --- dishonest. OP has made a mistake and should learn from it and move on.

Peter