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Disputes at the end of tenancy

Started by Farley45, February 24, 2014, 01:39:35 PM

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Farley45

Hi
if someone could give us some advice on some issues that have arisen with our very argumentative tenants at the end of their tenancy.  They are solicitors and try to intimidate us through angry 'solicitor-style' emails.

- they want us now to agree to send the full deposit back, without us having seen the property. Would you agree that this is ridiculous?
- they refuse to cut the hedge, even though it is stated in the tenancy agreement that the trees and shrubs should be pruned without altering the character of the property. We asked them to cut the hedge in the slightly tapered way that it has been before, because it otherwise grows into the property. They say they have not been informed that the hedge should be cut in a certain way. We say it should be done to match the shape how it was found.
- they complain that stuff they stored in the garden shed has gone moldy and rusty because the shed leaks. Surely, it is irresponsible of them to store valuable stuff in a shed with a door that is clearly not closing properly. Do they have a case against us?

thanks for answering.

jpkeates

If they are solicitors, they're going to be a huge pain to deal with.
That's probably unfair, but I'd probably just get them out and swallow it.

However, what are they trying to achieve?
If they're leaving anyway, all you asked them them to do was cut the hedge, so why be so difficult?

You shouldn't give the deposit back until you've had the chance to inspect the property after they've left.
That's not reasonable (or sensible) - you should ask them why they want you to agree to that - it's suspicious.

The hedge cutting point is probably sensible, but it's going to be a nightmare to win.

If they have never mentioned the shed before, you can have a reasonable argument (sheds aren't intrinsically waterproof, so they can't assume that they will be, particularly if the door obviously doesn't close). And it's not as if it's rained a lot recently...


Hippogriff

Deposit should only be returned after your inspection - not before, the request seems somewhat nonsensical unless you did a checkout with them present and agreed things at that checkout, which your post doesn't appear to indicate.

Take a bath on the hedge, get it done yourself - life's too short to worry about such things.

The shed is noise from them as well, I'd say... unless the shed was 'watertight' at the beginning of the tenancy and it has deteriorated radically over the duration and they formally told you about this and you failed to do anything about it - as before, your post doesn't appear to indicate this. I would push back against them on this one, point out they took the property in its entirety as seen, they chose to use the shed for storage and if they had concerns about its condition, ask them to re-forward you their requests asking you to do something about it.

Best advice - for an easiest life - would be to let them get on, somewhere else, as quickly as is possible... as happy as you can stomach.

SMALLBOY

Been in a similar situation.

1) Deposit returned to the tenant only on a full inspection, using the original itinerary (check-in) used for reference and to check for any damage (issues) such as the shed and even the lack of maintenance to the hedge.

2) if they are legal professions they see in black and white, yes and no. This is how you need to deal with them. That's why using the original itinerary is critical in dealing with them.

3) From experience if your deposit is held in a TDS and both parties are not happy, the process of going to a tribunal can be long.
I had to swallow my pride and do a deal with the painful tenant with regards to how much i deducted from the deposit to cover genuine damage and lack of maintenance from the tenant. And they where a doctor and an engineer. Filthy People.

Get rid asap, and get a decent tenant.

Good luck