ppmap Posted October 31, 2011 Report Share Posted October 31, 2011 Hello every one, My mothers tenant have just mooved out of the property and they are requesting the deposit back, however they where not good tenants. I am now tasked with sorting out these disputes, and was given a third party authorization letter. Type of tenancy unfurnished house Assured Shorthold Tenancy 6 months -- allowed to run on for nearly three years march 2009 - October 2011 Arrangements Tenants area 2 bedrooms, 1 bathroom [upstairs] 1 living room, shared use of the main kitchen. Landlords area 1 living room partitioned into 1 small living room and 2 bedrooms, 1 downstairs bedroom converted into a kitchen and WC/Shower separate and 1 Conservatory as storage I know it is uncommon however when i read the which book on lettings, there is a section that says it is not illegal, but uncommon. tennat disputes this and says it is illegal if evidence to the contrary was found then i would simply not allow that to happen. Problems encountered so far: 1 - State of the House tenants side: I) Damaged front door [caused when the tenant brought a new sofa into the property] had to replace a metal cach for the lock by removing one from the back door between the living room and the conservatory unable to find any replacement so far difficult part to track down, the Tenant just ignored it. II) Kitchen cupboard doors one of those nearly fell down and another one is loose had to repair them myself, this happened after two or three weekends where I was waken from my bed to the sound of slamming cupboards door. they ignored the issue again as nothing happened. III) One of the kitchen worktops has a dent in it after they placed a heavy flower pot there that worktop is above the gas metter as there is a gap by desighn it did not stand the weight from that flower pot IV) Under the sink doors just before they moved out i noticed the doors where not very well supported and are now falling down will have to repair them at my own cost/time depends on further inspection. Does any of this seem to anyone as Fair wear and tear as per section 2.3 at the back of the AST? 2 Eletric and Gas Issues: My mother from the begining of this tenancy has asked the tenant to provide a 50% of gas and electric tokens to match or own contribution as follows: £10.00 eletric per week + £.10.00 gas per week in tandem with our £10.00 eletric and £10.00 gas tokens kept a file detailing the total costs for gas and electric here is the total gas =electric costs for the entire tenancy: Total cost gas + electric for 2009 to 2011 £2,240.00 what we requested as a fair contribution 1/2 share The tenant refused and decided unilaterally not to pay any costs, quoting an obscure rule that matches a housing estates and shared utilities on groups of flats; read that rule on that which? tenancy book. can they really do that? Can i recoup/claim back any of these costs for my mother? 3 The Deposit, they have also asked for their deposit but after the two issues above we seek to contest it how will i get about to contest it? Have the free DPS online deposit file, however i made a slight error did not add the tenants details on it, but the file is still there I am not sure how that happened and I am able to sort it out on demand, when contesting the deposit do i have to complete it before i officially contest the deposit? Sorry for the long post ,however these tenants have been a nightmare and I really need to know what help can I give my mother on these issues? Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted October 31, 2011 Report Share Posted October 31, 2011 If live in LL and shared facilities (Kitchen) then T is no more than a lodger. 1.Exactly what is it that is supposed to be illegal ? 2.What is uncommon ? Door locked - chargeable if you have receipt/invoice for works/parts involved in repairing it. Kitchen doors loose - wear and tear. If damaged by excessive "slam" damage then chargeable with supportin invoice for repair. Worktop will prob come under w/t or at best 50/50 with depreciation Sink doors - if " not well supported" - your problem ! If utility expenses are detailed as 50/50 in agreement and you can produce records of total cost then chargeable. What is the obscure rule that says T does not have to pay ? Altho this sounds very much like a lodger on a licence - if you have set it up as an AST it would have been prudent to protect the deposit - have you done this ? How you contest it will depend on how you have set it up ! If you have T on licence - no AST and not protected dep then you can just keep the o/s cash and let T sue you for it. If you Have set up an AST and protected dep then it will depend on wether you have used the custodial scheme or the insured scheme. If you have this as an AST and NOT protected deposit then i would not dispute it - just give it all back asap - as T will sue yo for 3x dep as a fine PLUS dep back ! Link to comment Share on other sites More sharing options...
Carryon Regardless Posted October 31, 2011 Report Share Posted October 31, 2011 Rodent I see where you are coming from in that shared facilities by T's gives them no more than lodgers status, and few rights. They have been granted an AST, and no doubt rights within the contract. This is supported by the use of the DPS. Correct me if wrong but would we be required to protect a lodgers deposit ?? I fear this to be a little more complicated. If there was a check in and now a check out then the damage can be quantified, otherwise likely a waste of effort pursuing. If the T can't show payment of the 50/50 energy cost, and some evidence of them denying responsibility is good to confirm no payment, they owe it. However I once had a Judge strike out my claim for unpaid rents as I had let them accrue (shortfall that is) over a 3 year period. It isn't LL's responsibility to return a DPS deposit but for the T to claim it. Here though the procedure hasn't been followed to give the T the required info to enable this, unless you have their signature to confirm such, you know those 14 pages you should give the T within 14 days and gain signature for. A need here to clarify T or lodger status. A need to clarify the responsibilities of LL regarding DPS due to confirmed status. The T's statements are silly, no surprise there though. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted October 31, 2011 Report Share Posted October 31, 2011 ....more ifo required ..... If agreement not AST then no requirement to protect deposit exists. Link to comment Share on other sites More sharing options...
ppmap Posted October 31, 2011 Author Report Share Posted October 31, 2011 ....more ifo required ..... If agreement not AST then no requirement to protect deposit exists. it is a real ast for a unfurnished house. comes from a law pack bought at whsmiths and thank you to everyone for your advice, these issues need more clarification so i might get a mediation setup as described on the dps website. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted October 31, 2011 Report Share Posted October 31, 2011 it is a real ast for a unfurnished house. comes from a law pack bought at whsmiths Have you protected dep ? If so which scheme ? Link to comment Share on other sites More sharing options...
ppmap Posted October 31, 2011 Author Report Share Posted October 31, 2011 Have you protected dep ? If so which scheme ? as i said above have a deposit file with an empty reference just need to add the tenants reference and release for dispute. just 5min to setup Link to comment Share on other sites More sharing options...
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