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return of bond advice asap please


dawn444

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Please could somebody advise me, new to letting a property

I rented my house out for eighteen months, and the tenant has just vacated the property (13-12-07). She owed me some rent which Ive been asked to take from the bond, the bond is fourhundred pounds, and she handed the keys to my father in law as i was in work that day although I was happy to meet with her on the weekend. on collection of the key.

I went to the house which has incredible damage from cigarette smoke, the blinds are yellow,ceilings and walls are yellow its unreal, however the contract did not state no smokers so am i allowed to keep some of her bond back for the redecoration of the property, cleaning of the blinds and so forth, or as the contract did not state any restrictions with smoking is this not possible.

She has also changed the light fittings in the dining and living room and has now left ones that had belonged to her there is no sign of my ones that were left at the property, i have asked about them but the only response she gave was an address to forward the bond can i decuct money for the original fittings. she has also covered up a wall vent with paper and as a result the corner of the room has evidence of damp, there was a leak under the sink that she has not informed me about although my tenant was aware of it as she had placed a bowl in the cupboard that water had overflowed from causing a small flood in kitchen, ive had to turn off water supply waiting for a plumber.

She has also has an electric meter fitted withou telling me and as I result there is now no electric at the house so im going to have to get that sorted with the electricity board I believe i have been very fair with her in the past she hadnt cared for the lanscaped garden so I paid for if to be put back in a satisfactory condition but im not prepared to be a push over and her expect me to get the house back to its origional condition at additional cost to me, what is the time scale that i have to return her bond if she is entitled to it

many thanks dawn

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Can only answer in general terms as don't know the terms of your agreement or what was in the schedule of condition of the property. Though you didn't have a no smoking clause the house should be returned to you in the original condition less reasonable wear & tear, with some allowance that it's usual to factor in re-decoration every 3 years for rented property so some subjectivity. Damage should be put right or a deduction made subject to age and original condition but not new for old. Did your TA state that "repairs must be reported to you or the tenant is responsible for damage from subsequent failure to notify you"? If so, you can recover for later damage from the leak. Deduct for damage, dilapidations etc first and any remaining to offest against arrears. You can charge for losses you incur putting right problems caused through no fault of your own however, the amount is problem & circumstance specific. Bit notey and general in reply but might help. Usual to return any non-disputed deposit in 10 working days or what your TA states.

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Can only answer in general terms as don't know the terms of your agreement or what was in the schedule of condition of the property. Though you didn't have a no smoking clause the house should be returned to you in the original condition less reasonable wear & tear, with some allowance that it's usual to factor in re-decoration every 3 years for rented property so some subjectivity. Damage should be put right or a deduction made subject to age and original condition but not new for old. Did your TA state that "repairs must be reported to you or the tenant is responsible for damage from subsequent failure to notify you"? If so, you can recover for later damage from the leak. Deduct for damage, dilapidations etc first and any remaining to offest against arrears. You can charge for losses you incur putting right problems caused through no fault of your own however, the amount is problem & circumstance specific. Bit notey and general in reply but might help. Ususal to return any non-disputed deposit in 10 working days or what your TA states.

Thankyou for your reply & advice, I will read through the small print of contract.

many thanks

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