Handling of deposits - #1

[Flitwick landlord]

My wife has a flat in North London that we rent out. When a previous tenant moved out we examined that property, as did our inventory company and agent, and noted that the tenant had marked the walls. At some point they must have had posters up and there were other scuff marks that were not shown when they moved in (confirmed by the inventory). The marks were significant enough to justify painting the whole wall which may had led to painting the whole room.

Instead of charging for this we counted up the major marks and charged them a set rate for each one coming to a total of £50. We refunded the rest of the deposit and said we claiming the $50 from the deposit. The tenant appealed against this and refused to agree. The agent inspected the flat and agreed with our decision and wrote to the ex-tenant.

This has gone on now for over a year with no agreement on the £50 which is still held in the Agents escrow account. How do we move forward?

At this stage I dont actually care about the money but a) I don't want the ex-tenant to get it and b) don't want the Agent to hold on to it. Can I ask the Agent to donate it to charity?

[MrShed]

No. The LA cannot release the money without the tenants permission. However, the LA cannot release the money to the tenant without your permission. Therefore the only way to release the stalemate is for someone to sue someone....

[Flitwick landlord]

Originally Posted by MrShed

The LA cannot release the money without the tenants permission.

I feared that was the case. I may propose the "releasing to charity" solution first as a point of principle. Not worth my while taking some to SC Court over £50.....! The though had crossed my mind though.....!!

If no court action is taken and no agreement is reached, does the money just sit in the escrow account for "ever"?

[MrShed]

I would assume so unfortunately! Although realistically it will probably be 6 years.