THE TENANTS DEPOSIT
The settling of a tenants deposit can be another major problem for landlords at the end of a tenancy.Just before the tenant moves out the landlord arrives at the property to make the final inspection. The tenants look anxious, worrying that they are not going to get their full tenancy deposit back from the landlord. They stare nervously at the state of the floor, have they polished it enough? They look expectedly the landlord for some kind of affirmation that everything will be OK and that the tenancy deposit will be returned in full.
However, this final inspection is often the time that problems first come to light. Are the tenants smokers when they originally told you the landlord they weren’t (it wont be the first time)? Are there copious amounts of blue tack and numerous picture hangings on the wall that have sullied the decor. Do all the appliances work or are there obvious signs of tenant abuse?
There’s a lot for a landlord to take in but try and assimilate as much as possible. In the initial couple of minutes of inspection a landlord should be able to ascertain whether or not the place has been well looked after. A landlord should not get caught by the trap of handing back the deposit to the tenant straight away.
The best thing is for a landlord to verbalise their initial thoughts to the tenant such as; ‘everything looks to be fine’; alternatively if there appears to be some problems, express the concern over for instance the decoration or apparent damage.
This way the tenant is aware of a landlords thoughts and has an opportunity to respond. They may offer to deal with the problem by removing an unwanted item or to attend to the repairs or redecoration. It’s only reasonable that a landlord gives tenants an opportunity to put the situation right.
A landlord should give the tenants an indication of the standard required and the tenants in turn should give the landlord a timetable for action. If following the re-inspection the work has been carried out to a landlords satisfaction, then the landlord can pay over the tenants deposit. The landlord may well want to impose a charge for this re-inspection given the additional time and travel expenses in making it.
Obviously, if the landlord has to employ an agent they expect them to deal with all this. Occasionally, there are disputes over the amounts returned and it is always best to try and resolve these matters amicably without the need to have to potentially defend legal action.
This needs to be all set within the context of the Tenancy Deposit Scheme (TDS) which has changed the rights and fundamental way that landlords can hold a tenants deposit.
FORMS FOR LETTING PROPERTY
FINANCE AND TAX ON RENTAL PROPERTY
RENTAL PROPERTY REGULATIONS
INVESTING IN BTL PROPERTY
WHAT TO BUY
BUYING OFF PLAN
KNOWING THE RISKS
MANAGING YOUR RENTAL PROPERTY
NON - PAYMENT OF RENT
GETTING YOUR MONEY BACK
THE TENANT WONT MOVE OUT
THE TENANT DOES A BUNK
RAISING THE RENT
REDUCING THE RENT
REPAYING THE TENANCY DEPOSIT
DAMP, MOULD AND CONDENSATION
LETTING RENTAL PROPERTY
LEGISLATION ON LETTING PROPERTY
ALTERNATIVE DISPUTE RESOLUTION
HOUSING ACT APPEAL DISPUTES
THE LANDS TRIBUNAL
RIGHTS OF LIGHT APPLICATION
APPEALS FROM LEASEHOLD VALUATION TRIBUNALS (LVT's)
POSSESSION - SECTION 8 NOTICE
POSSESSION - SECTION 21 NOTICE
SECTION 21 TIMETABLE AND PROCESS
GROUNDS FOR POSSESSION
HARASSMENT BY LANDLORDS
RENT DISPUTES BETWEEN LANDLORD & TENANT
FAIR RENT (RAC)
MARKET RENT UNDER AST
LEASEHOLD VALUATION TRIBUNALS
MODIFICATION OF RESTRICTIVE COVENANTS