Deposit Advice..?

**CBrad** · 07-11-2009 17:02 PM

Hi,

I have issues with tenants and a deposit query:

Tenants have removed matching hardwearing neutral carpets, fit throughout house (1 yr old at tenancy start), with CHEAP RED carpets without my prior knowledge. - these are so cheap that they are already worn on the stairs and WILL have to be replaced by me.

Tenants have lit fire in garden close to sofit board, which has melted, and ashes have burnt paint on neighbours car.

Tenants have been abusive to (elderly) neighbours, and generated up to 5 complaints in three years.

Tenants have let a water leak in bathroom go unreported for 6 MONTHS -full damage unknown, visually Plasterboard, laminate, ceiling and bath pannel require attention, although floorboards may be damaged too.

Tenants have removed three furn trees (6-7ft) from front garden without asking.

Tenants have left rubish in front and rear garden for long periods causing other residents in the street to arrange removal themselves.

Based on this i have formally warned in writing that the contract is in jepordy and the deposit of £600, is significantly below the cost of restoration of the property.

i have asked the tenant to come back to me in writing with their sugestions as to how to resolove.

(this was not answered)

I have now served a Section 21 (no reason given -but obvious) .

(at this point, tenants new b/f called to request why i will be retaining deposit, and advise me that the tenant could withold rent and remain in property to cause trouble if i dont agree a return)

At this stage i have only advised of issues, and two weeks later served section21.

i have not commited to deposit, as beleive this should be a two way street. (deposit is held by me (lawfully) as three yr tenancy)

I have suggested putting onto a scheme for mediation - this was declined.
(i didn't make a full itinery on comencement)

Any advice welcome!

**justaboutsane** · 07-11-2009 19:04 PM

You are not going to like this... but I would be giving it back! You cannot prove the state of the property at the start of the tenancy therefore the tenants could have a good case against you iin court.

**Lawcruncher** · 07-11-2009 19:27 PM

An inventory or schedule of condition is not absolutely necessary to prove what was in the property or its condition at the start of the tenancy. They certainly help, but other evidence can be submitted.

**tom999** · 07-11-2009 20:25 PM

We may be able to help if you could answer the following:

When did tenancy start?
Is tenancy an AST in England or Wales?
Is annual rent less than £25k?
What itinery did you make (written, photos, video) when tenant(s) checked-in?

**Paul_f** · 08-11-2009 21:32 PM

I don't think OP is going to come back on this!

**Snorkerz** · 08-11-2009 22:20 PM

The original poster was the Tenant in his post a few days ago!

You are not going to like this... but I would be giving it back! You cannot prove the state of the property at the start of the tenancy therefore the tenants could have a good case against you iin court

Maybe we gave him exactly the info he wanted

**mind the gap** · 08-11-2009 22:24 PM

Originally Posted by Snorkerz

The original poster was the Tenant in his post a few days ago! Maybe we gave him exactly the info he wanted

Or maybe he found the love of his life and ran off to Honolulu. Or got swine flu and couldn't face LLZ.

**Ericthelobster** · 08-11-2009 22:31 PM

Originally Posted by Snorkerz

The original poster was the Tenant in his post a few days ago!

Although in the past we have had members posting the same story from different angles in the hope of receiving different answers, this one does sounds like a different scenario though... no reason why tenants can't themselves be landlords (eg I have some tenants who now let out what was their own home in another part of the country).

**CBrad** · 09-11-2009 18:57 PM

Originally Posted by Lawcruncher

An inventory or schedule of condition is not absolutely necessary to prove what was in the property or its condition at the start of the tenancy. They certainly help, but other evidence can be submitted.

Photo's of the property were taken by me and by an agent. (agent not used, but photo's remain on file)