SMF - Just Installed!

Deposit

Started by Landlady1977, April 05, 2014, 01:25:39 PM

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Landlady1977

Hi all, I have yet another question.........
We have submitted our request to our tenants as to how much we are requesting from their deposit......unfortunately, it's £500 more than the deposit they gave.  Does anyone know what happens now? How long do the tenants have to get back to us?  Is there usually a lot of too-ing and frow-ing before it goes to arboretum? (Yes I'm aware that's not how it's spelt) :)

Thanks

boboff

No Idea, would be very happy to hear how you get on.

Landlady1977

I will keep you updated :)

Hippogriff

I am perplexed that you can potentially claim more than the deposit in the way you propose. I don't see how the dispute resolution facility of the deposit protection scheme can be used to help - I think they are limited to the deposit amount only. I would read their terms and conditions.

As an example, take a look at the first bullet here... http://www.mydeposits.co.uk/tenants/faqs?page=2

Other pages might exist for other schemes.

If they agree that the whole deposit be paid to you, then you may need to take an alternative route for anything above and beyond that deposit amount.

You have a good solid Inventory and Schedule of Condition, signed, agreed, dated, of course?

I'll assume you already have, but maybe re-ask yourself "are my deductions realistic?" - remember, if you reach adjudication, the onus of proof is all on you.

Landlady1977

A quick update.  It's gone past the 10 days, the tenants replied this morning to tell us they will carry out the work, to my reply ummmm NO.  They had two months to get the work done themselves. We have been told not to let them carry out the works.  Plus we have had contractors in at our own expense and had most of the jobs done already!  I just want their deposit now to cover the costs........watch this space!

Will keep you updated :)

boboff

Good Luck!

Seriously, good luck. :-*

Hippogriff

Are you just seeking their deposit now, and not deposit+?

Landlady1977

We are still after their deposit+, but if they will sign off on just their deposit, we will be £500 short for repairs but atleast we can wash our hands of them.

Landlady1977

Arghhhh......ok, so I am aware now that there IS a lot of too-ing and fro-ing between us.  However the tenants are stating even though they signed an agreement, the final independent inspector has stated Landlord Responsibility on his check out list.....ummm, he is not aware of all the details on the AST, they are trying to pull a fast one.  Today we are writing back to the tenants to tell them to take this to Arbitration! Let's let a professional work this out for us :)