UK Landlord Forum / Life

Hi, I am new to the forum and I also a new landlord. My wife and I have invested a small house about two years ago. The tenant moved out last Christmas and then problems came. First of all they did not move out at the end of the contract but 10 days later. Agent said they were liable for the rent but we did not get the rent till a month later. I have to re-arrange contractors to do some refurbish work because they did not vacate the house in time. This also led to the vacating period over a month.

My first question is whether the tenant can stay and leave the house whenever they like.

Then come to the deposit. The final checking report, from a third party company appointed by the agent, showed some defects. The tenant contacted me directly and said those were not their faults. He showed me some pictures. I accepted and waived some defects which can be proved from initial check report. This left the only damage of kitchen cupboard panel which he could not prove. To replace it, I gave the quote to the agent about £80. It is not a big amount but I think people should be responsible for what they have done. So the tenant, the agent and I signed the final document and the tenant got the most of his deposit back in Feb this year. For some reason the part should be paid to me is still with the agent and the agent said the tenant didn't admit that was their fault so the agent won't release the money.

My second question is what I can do.

My new tenants moved in at the end of Feb. That was great until they found the washing machine was not draining because some stones and tissues in the washing machine. The ex-tenant said the washing machine was broken when they moved in but I know it was working. And he said they always did all the washing by hand. I just cannot believe a couple with a new born baby can wash everything by hand for over a year and 8 months. My new tenants also found water leaking in the bathroom which could have been like this for months. The checking report did not find out because the ex-tenant just painted the ceiling in kitchen to cover this instead of reporting to get it fixed immediately. I think we cannot pursue these but I think it could be a good lesson for me not to judge someone based on their professions. He is a lecturer but he is not trustworthy. I have to give some sympathy for the students.

I really appreciate if someone can spend a few minutes to give me some hints. Thank You.

My goodness me.  Just suck it up and move on.  You are giving yourself unnecessary stress here.

I just try to clarify whether there is any protection for landlord if the tenant damages anything. TDS seems no use to landlord.
This time I have to pay a new washing machine which is about £350 and other damages. If the tenant won't be responsible for any damage what is the point for landlord asking for any deposit? 

Quote from: ppdad2003 on March 21, 2019, 10:21:30 PM
I just try to clarify whether there is any protection for landlord if the tenant damages anything. TDS seems no use to landlord.
This time I have to pay a new washing machine which is about £350 and other damages. If the tenant won't be responsible for any damage what is the point for landlord asking for any deposit? 

You said it yourself.  The remainder of the deposit is with your agent, so the Deposit scheme worked OK in releasing only what the tenant was agreed to get, to him, and the other part to you (via your agent).

The fact that your agent wont hand over the cash to you has nothing to do with the deposit scheme as far as I can see.

Quote from: ppdad2003 on March 21, 2019, 10:21:30 PMTDS seems no use to landlord.

To be fair it is designed that way. The idea behind Deposit Protection is not to be of use to the Landlord. On the surface it is supposed to be entirely fair and objective... but the rulings that come out of ADR will usually have Landlords jumping up-and-down in a fit... but that's nearly always because everyone out there (Landlords and Tenants) don't have a good idea of what the rules / law is regarding things like wear-and-tear, betterment, depreciation and things like that... the purpose of Deposit Protection is to protect the Tenant's money from unscrupulous Landlords... it's not supposed to be a benefit for Landlords, well, other than demonstrating we are good Landlords by working within the bounds.

If it was optional... I am sure none of us would probably do it... because it's costly and sometimes cumbersome and, frankly, boring... besides, all Landlords can be wholly trusted with an extra few thousand Pounds, right?

As a brand new landlord, I am still learning and trying to understand the rules. Really thanks for your time to give me some advice.

As the part of the money with the agent, has the agent had rights to keep the money? Her reason is that she needs to get permission from the tenant. To be honest, I do not care that much about this amount. I am just wondering if next time it is £500 or more what I can/should do. Do you guys have an amount in your mind and how much your limit is?

Also I do not know whether the tenancy agreement is still applicable in my case. The tenant gave notice to move out but he did not move out on the agreed date till two weeks later. Is there any rule?

Quote from: ppdad2003 on March 22, 2019, 10:42:22 PM
As a brand new landlord, I am still learning and trying to understand the rules. Really thanks for your time to give me some advice.

As the part of the money with the agent, has the agent had rights to keep the money? Her reason is that she needs to get permission from the tenant. To be honest, I do not care that much about this amount. I am just wondering if next time it is £500 or more what I can/should do. Do you guys have an amount in your mind and how much your limit is?

Also I do not know whether the tenancy agreement is still applicable in my case. The tenant gave notice to move out but he did not move out on the agreed date till two weeks later. Is there any rule?

Remind the agent who they work for.  Is it the tenant or is it the you?
Better still next time manage the deposit yourself.  This is not a bad plan because if the agent screws up it is you who is responsible not the agent. It is you who can lose the right to serve S21, it is you who can be liable for 1-3 times the deposit.