Tracy M Posted June 18, 2008 Report Share Posted June 18, 2008 Three weeks ago we were approached by a prospective tennant about letting our house from us. We verbaly agreed but as we needed to decorate in there the t coulnt move in instantly. The t offered to decorate and we agreed, even giving her £250 towards costs (first mistake). A tennants application was signed, £250 and keys handed over just for decorating access and a few days later £500 deposit was paid to us. The deposit wasnt put into a scheme as the prospective t hadnt given us a move in date and hadnt signed the tennancy agreement form. This brings us to the present day. The prospective t doesnt want the house now and wants her deposit back. I say we keep the deposit as her messing us about has cost us a months rent. Also i feel that not all of the £250 was spent on decorating and in any case we are going to have to put right at least two rooms that have been done. Help... What sould we do, Cheers Link to comment Share on other sites More sharing options...
GPEL Posted June 18, 2008 Report Share Posted June 18, 2008 Have you checked the compliancy rules for registering deposits? Your justification for not registering is quite possibly invalid. Also, you cocked up the handling of the pre-tenancy work and have hopefully learnt a few lessons. I suspect you have left yourself open to a complaint if the deposit isn't returned and could be more costly in the long run. Cut your losses, read a good book about renting property and start again. Link to comment Share on other sites More sharing options...
Tracy M Posted June 18, 2008 Author Report Share Posted June 18, 2008 Thanks for that, good advice. I guess tryin help folks out doesnt really work out. In this case " I shall not reap what I sow" springs to mind. Oh well lesson learnt, I think I will ask for my £250 back though Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 18, 2008 Report Share Posted June 18, 2008 Any discount can come off payments made to you.........NOT cash payments to tenants ....and then, only when receipts produced or works completed to a satisfactoy level... No access whatsoever... until ast is signed ....and that access should be documented on ast...All monies should be paid b4 keys handed over ....ALWAYS. Generally ten do not Know one end of a paint brush from the other .......(from my experience !) best get the job done yourself or by professionals .....as you have found you are now not happy with quality/quantity of work for your cash .......... This is a business.,,,,,,,learn from these early mistakes ....run a tight ship .....and be professional !!! The Rodent Link to comment Share on other sites More sharing options...
Reg Posted June 19, 2008 Report Share Posted June 19, 2008 Yes Rodent is right. Monies upfront b4 you hand over the keys. Once a tenant is interested, I always insist on taking a holding deposit of 2 weeks rent (stating clearly that this is non-refundable*), to make sure that I wont get messed around. Without delay, I then check out the prospective tenant's references (previous landlord if possible, a work reference, and a financial reference (online credit check and bank statement). If the references are fine, I will inform the tenant that we've got a deal and arrange a moving in date. *The only time I would refund the holding deposit is if the prospective tenant's references were not satisfactory. Yes, you need to run a tight ship. I started out being a nice, fairly casual landlord, treating tenants the way I would like to be treated myself, but unfortunately, some tenants see this as a weakness and it's a case of be fair but firm. Remember, if you fail to plan, you plan to fail, so read up, keep on the forum and better luck with your next tenant. Link to comment Share on other sites More sharing options...
J4L Posted June 20, 2008 Report Share Posted June 20, 2008 I agree here, If T wants to perfom works on property then it must be agreed that professionals perform such works. Quotes should be tendered BEFORE any works are carried out and YOU decide who to use. Personally I don't agree that T's should take the money off the 'next due rent' but should pay rent as normal, give me the receipt and I send a cheque for the works done. You have to differentiate between works done, rent owed, etc etc otherwise you'll get all sorts of claims against the rent. Get the job done, pay the tradesman, get a receipt, send it to me, i'll inspect the works, if i'm happy , i'll send u a cheque! With regard to the deposit, I'm not sure! I think you may be liable to refund this but in your defence if the works carried out (i.e. "going to have to put right at least two rooms that have been done" ) then they have equally welched on their agreement and you could effectively deduct this from their bond. Try negotiating with them, offer half or two thirds of it, (via cheque so there's a record) and see where they go. They may try and take this matter to court but I doubt they would. Gareth. Link to comment Share on other sites More sharing options...
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