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How long do I have to refund a tennants deposit?


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Hi,

 

I have just recently served a vacation notice on my tennant, there is some damages to the room he reiseded which were not present at commencment of his tennancy. The cleaner noticed these whilst cleaing. I will point these out to him once I have done the full inspection with him present (next tuesday).

 

In order for me to claim for the damages off his deposit I am aware that I have to produce a bill to him of the work carried out. Now since I am not aware (on paper) of the damages I can't action a handyman until he has vacated the premises.

 

This leads to my question of How long do I leagally have from him vacating to refund him his deposit (less damages). The reason I ask this is due to the factors of having to get the handyman in to do the work etc.

 

Thanks

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At an absolute maximum, 28 days. But it is good practice to return it within 14 days. It would be better to return the deposit earlier, with a breakdown of costs incurred calculated from estimates, and forward on receipts than to wait for all of the bills to come in before refunding it.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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could you estimate damages

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Yes....you get estimates from the workmen involved :S

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Note that unless you have a signed inventory from the tenant testifying to the state of the room, you will have to return the deposit in full if requested (as you would have no evidence to support the deductions).

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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There is no absolute maximum of 28 days, it is whatever is reasonable. You will need to wait until you can inspect the damage and obtain quotes. There is no scope for estimating the damage. The absence of an inventory, signed or otherwise does not mean that you forgoe your right to claim damages or that the deposit has to be returned in full.

 

There may also be a clause in your tenancy agreement which allows you to enter the property to inspect it. If so, give the proper notice under the clause and excercise your right of entry for inspection.

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The absence of an inventory, signed or otherwise does not mean that you forgoe your right to claim damages or that the deposit has to be returned in full.

 

You don't lose the right to claim for damages, but without any evidence to demonstrate that the damage was caused by the tenant, you would stand little chance of defending any claim against you for the deposit in court (for which the tenant would not need evidence beyond the agreement and a receipt). It is very important that if any deductions to the deposit are made, they are done with some accuracy (get at least three estimates on work, and shop around for replacement furniture), and not an arbitrary figure. Remember that the deposit belongs to the tenant - the landlord is merely holding it.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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28 days is the maximum a court would regard as "reasonable" to either return the deposit or give a full breakdown of costs as to why the deposit is not being returned. And S James, I assume you are probably the same person as S J, I have already replied in detail elsewhere to you as to why without a fully signed inventory you do(EFFECTIVELY) forgo the right to deduct from the deposit, at least in so much as it would not be backed up in court.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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What...having to prove something in court? Doubt it.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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another so called friend/land lord trying to make a quick buck outta a tenants hard erned cash me thinks, he gave you that money as a bond while he lived in ur flat/house, and surely its your right to give it back, since you making him move, can you prove with photos etc that the tenant did any damage, maybe the cleaner did it and is blaming this person, or maybe you and the tenant have fallen out, and this is your way of getting back at him/her.

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Wow---that is highly presumptious. Give the guy a break - he is perfectly entitled to deduct from the deposit if a tenant has caused damages. Your post is very disjointed and has no legal basis.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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The person has no legal basis to make dedutions untill has proven any damage ( if any ) was caused by the said tenant. I have been conned out of bonds and depoist by this so called damage [problem].

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Right....and who are you to say that he cannot prove the damage???? If you have nothing constructive to say then kindly butt out.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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And whom are you to seek THAT I BUTT OUT OF A THREAD? I clearly state that damage has to be proved before any dedutions are made to any holding payment, okay the land lord can hold onto the depoist etc, but again has to prove that the tenant did any damage, otherwise he is just mererly stealing this persons money, if he is a respectable land lord i,m sure that the tenant on taking the flat/house did a manifest of all damages etc and noted any points such as when leaving, and got the tenant to sigh in agreement, as for photograthic pics, this would merely give basis to any claim, if the land lord has prove, then fair enough, however no prove, then any court will throw out, its like me taking you to court for doing damage , even though i know you havnt done it, would you pay up??????? no i think not, no one would, hence why should this tenant pay up, just on the hear say word that he might have made damage, proving such goes along way than just accussing someone. ask your self, would you pay just because someone said you did something???? either the land lord prove he has or the tenant prove he hasnt. it doesnt give the land lord automatic rights to take a slice of the tenants depoist.

 

 

This site for the record is to give freedom of speech thoughts, as well as advicing on matters/issues that you or i might have experanced in our lifes, to assist other thread/site users, you can not be agressive towards myself or any site user just for giving there opitions on matters/threads. It is for all regardless of what the topic consists off. i gave my thoughts, there is no need to be dispondant towards them or myself.

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Yes there is, you are insinuating without any kind of evidence that the poster is attempting to rip off his ex tenant. That is not freedom of speech, that is libel.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Mr Shed appears to have missed my point entirely. Although I take some comfort in his reference to 'legal basis' which assumes some legal knowledge. Accordingly I invite Mr Shed (or anyone else who can make a valid contribution) to provide a legal basis for:

 

a) the maximum being 28 days

b) the standard of evidence required in a civil claim (taking into account the nature of the original question)

c) how the absence of an inventory transpires to "you do(EFFECTIVELY) forgo the right to deduct from the deposit, at least in so much as it would not be backed up in court".

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c) how the absence of an inventory transpires to "you do(EFFECTIVELY) forgo the right to deduct from the deposit, at least in so much as it would not be backed up in court".

 

Yes, I can see the judge saying to the defendant "Well, the claimant's case is valid, and you don't have any evidence to support your case, but you seem a nice enough bloke, so I'll find in your favour" ...

 

Without something to attest to the state of the property before the tenant moved in as well as after (inventory, dated photographs, etc.), the landlord simply has no defence to the claim "you owe me money". End of story, credits roll, audience leaves, yawning as they rise from their seats.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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S J you seem to enjoy coming on this site and throwing your so called legal expertise around!

Do you have nothing better to do with your 'valuable' free time? I suggest you 'get a life'!

Time and time again you have been asked to show exactly where you obtain your 'knowledge' and always turn it back onto those that you are intent on arguing with!

Please take your arguments elsewhere unless you can provide hard facts as to your 'expertise'

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Mr Shed appears to have missed my point entirely. Although I take some comfort in his reference to 'legal basis' which assumes some legal knowledge. Accordingly I invite Mr Shed (or anyone else who can make a valid contribution) to provide a legal basis for:

 

a) the maximum being 28 days

b) the standard of evidence required in a civil claim (taking into account the nature of the original question)

c) how the absence of an inventory transpires to "you do(EFFECTIVELY) forgo the right to deduct from the deposit, at least in so much as it would not be backed up in court".

a) The law states that you must return the deposit within a reasonable time period. Realistically, reasonable is generally classed by the courts as 28 days, unless there are extenuating circumstances. This is not written in law, but is decided by the courts time and again. I shall repeat what I have said before, it is not what is written in law that is important, it is how courts interpret that law.

 

b) the standard of evidence of a civil claim is less than that of a criminal claim, and is merely the balance of evidence. However, this does still mean that you DO need evidence.

 

c) It leads to this because you have no initial condition with which to prove the condition of the property has changed. I shall give you an example, which I would like you to actually answer, not just be wishy-washy about it. Say a tenant leaves the property after a year, and there is a hole in a wall. However, there is no inventory with this described on it. How would you actually PROVE this in court? Please tell me. There is no legal basis, but the courts have shown time and again that they will not entertain deposit claims without evidence along the lines of a signed inventory. Whether you agree is irrelevant, this is what happens in court.

 

I must agree with cillitbanger here - you seem to have a very limited knowledge of housing law, if any, and what you do know seems to be very theoretical rather than real life. I can assure you that what I have said above is the case, I have extensive experience in this, and it is absolutely true. If you want it on a professional basis, then feel free to pay me to retain my professional services, and I will give you it chapter and verse, for which I would be fully liable.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Ah....now we are getting somewhere...but first, in response to Cbanger's response...I dont recall it being a condition of this forum that one has to provide evidence of their expertise. I hope that helps settle that point.

 

Onto Mr Shed...we seem to be making some progress....

 

a) there is no law which says 28 days. You start off stating that the 'law' states 28 days (which it doesnt nor is it absolute, as has been suggested) then you make a huge retreat from that and your earlier comments on the point. I think your response to this point alone clarifies the reason for my taking up this issue. Perhaps you should reconsider who really does have the problem with housing law.

 

Need I say anymore.....I think the above speaks for itself.

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