ASK SHARON

It depends when you took the deposit. The three times the amount is the penalty imposed under the Tenancy Deposit Protection scheme, which became law in April 2007. If it was before that date, you are not bound by the penalty. If you took a deposit after April 2007, you should have discussed with the Dispute Resolution Service what you could do, given that the tenant has apparently disappeared. Contact next of kin or anyone else you know who may have connection to your ex-tenant.

Firstly, your 17 year old daughter cannot be held to a tenancy agreement as she is below the age of maturity.

In your shoes, I would probably not expect my daughter to pay a deposit either – I know my daughter and have had no qualms about standing as a guarantor for her twice. I am sure your daughter is the same. However, you cannot be sure about her friend. You need to ensure that you have sufficient insurance to cover you against personal injury claims and also public liability insurance, in case they have friends who come in and are injured. As you have already signed the tenancy agreement, I think it is too late now to ask for a deposit from the girl, or ask whether her parents would stand as guarantor – this might have been a question that it was worthwhile sending to the Express Service. It may be worth speaking to Environmental Health and ask would they inspect, so they can point out any safety issues they think there might me.

The deposit is meant to provide you with some protection in case there is damage or rent arrears. The other implication is that if your daughter loses her job and has to apply for housing benefit, it will not be considered a commercial tenancy as you are her mother.

On a couple of occasions he hinted about moving out and did not give me any definite information whether he would move out or not. I mentioned that he had to abide by the contract and give me one month's notice, when he started becoming a bit angry.

Finally, on the 20 April 2008 we signed another 12 month agreement and he made me put in the contract that if I sold the flat I would give him two months' notice and if he found somewhere else he would give me two week’s notice. I did not agree with the two weeks and we changed it to three week’s notice to which he agreed.

On 24 April he phoned me out of the blue and said he would move out as he would feel insecure as I intended to sell the flat. (He had already consulted with me on this issue and signed the contract with that knowledge). He moved out on the 13 May but without giving me the three weeks' notice.

When I went to the flat it was extremely dirty and we had to take out lots of rubbish and found some damage. He started calling me asking for his deposit. I mentioned that according to the new contract he should have give me the required notice and that if I had found a cash buyer who would want the flat immediately I would not have been able to ask him to move out without giving him two months' notice. When I said that I would have to deduct three weeks rent, he got angry and started threatening me. Then I said even if I ignore the latest contract and follow the older contract he would still lose 11 days as his text was dated 24 April. I mentioned that I had to deduct the number of days which was missing from the notice and some for cleaning. (I was told by two estate agents who tried to sell the flat that they were unable to take photos to advertise due to messiness and clutter and lots of staff and rubbish on the walls.

Could you please advise what would happen if he takes it further and would not agree with the deductions. As we have a new contract and he left on the day the contract should have started, is it still important that the deposit was not registered before.

As far as I am aware, you are not bound by the Tenancy Deposit Protection schemes as it only applies to new tenancies, commenced after 7 April 2007. Yours was a continuing tenancy, so you did not have to lodge the deposit.

You should have given your tenant two months notice in writing, irrespective of what the tenancy agreement said, as was his right in law – which you may have done, but your question sounds as though it was verbal. Had he wished to remain in the tenancy and you found a cash buyer, the fact he had signed a new agreement would mean he had the legal right to stay there to the end of the tenancy, and you would have been required to give him two months notice to end when the tenancy did.

He told you on 24 April he was moving out and actually went on 13 May – surely 19 days notice? You feel he should have given you the three weeks agreed, but I think I would try and resolve this amicably, by stating you wish to deduct the outstanding two2 days from the deposit, rather than the three weeks. You are obviously entitled to deduct a reasonable charge for the cleaning.

Prepare a clear account of what you wish to deduct and be ready to give him the balance. His option then would be the Small Claims Court. If they can see you are being reasonable, they are unlikely to find in his favour, other than that they will understand arguments he will make about feeling unsettled etc. so are unlikely to censure him for moving out, even though he had signed a new agreement.

It is unfortunate that he signed a new tenancy agreement, but better he has gone now than abandon without any notice at all.

I would expect that the deposit was protected by one of the tenancy deposit schemes and it would therefore be held by a central body or protected by an insurance premium paid by the agent. It would not be appropriate to let you have it. At the end of the tenancy, if all was well, the deposit would be returned to the tenant. If not, if the tenant felt he should get the deposit back and the agent didn’t, it would go to the Dispute Resolution Service for a decision to be made.

No protection scheme

Now we are nearing the end of our short term tenancy agreement, our landlord has admitted that she has kept our deposit it in a personal account (not a tenancy deposit scheme) as per in our contract. Can you please confirm if what she has done is still against the law?

It is. See your local Citizen’s Advice Bureau or Housing Aid Service who will help you take action which could result in some compensation for you.

Damage to flat

I have a two bed flat with garden that I have let out since April 2006. The tenancy was via an agency. However after the first year, the tenant rented directly from me. She has now given notice and will be moving out next month.

Approximately three months ago I received a call from the tenant's brother claiming there was a puddle of water on the kitchen floor. When I visited the property I was unable to gain access using my front door key. I managed to gain access using the patio door to the rear of the property. I discovered the boiler had been leaking by spraying a fine mist of water. It's a new boiler so all that was needed was a nut tightened up. However, it looked as if the boiler had been leaking for some time.

I went to the flat last week with a letting agent and was told that, because of the water damage to the kitchen, the firm would be unable to let it until an entire new worktop put in, new drawers and two new cupboards and new floor tiles.

There will also need to be new carpet, new bathroom units and the whole place painted throughout.

The damage to the kitchen is quite substantial, I received a quote from a handyman who stated he would do the work in the kitchen for £600 excl materials.

I don't want to give the deposit back, because I feel that the tenant should have reported the water leak to me. However, she is already asking me when I will be returning the deposit to her. I don't even think the £800 will cover the amount of work the kitchen needs doing.

Where do I stand with this?

Politely but firmly advise that the damage that was caused by her negligence will have to be covered by the deposit. Confirm in writing listing the costs. Presumably you have a good, clear inventory, perhaps photos? Be prepared for an argument and for her to threaten you with the small claims court, but I would say you seem to be within your rights on this.

Discuss with the agent. They may do so as a matter of course, or be prepared to divide it between you.

In August I let my property after my tenant begged for me to let her have it before seeing anyone else. I used an agent and the checks they did seemed to be okay.

She told me she wanted to view this as a long term agreement, however, just to make sure, the agent set up a six month assured shorthold tenancy agreement. A month ago, I received a 'text' from my tenant, who at the time was four weeks late on her rent, to say she was giving me a month’s notice and moving out - her reason being her child had not settled (after one month?).

She had told other people that she was moving back to her old flat because her landlord wanted her back and it was bigger than my two bed house.

I phoned her to discuss the termination, as I was concerned there were other issues and I even offered to reduce the rent for her if she was finding it difficult. She refused, and moved out on 1 November 2007. When I went over to my house to check on it I couldn't get in with my keys. Knowing where she had moved back to...I went round to collect the keys from her, and she gave me totally different set of keys, so it seems she has changed the locks.

The problem I now have is that, having checked over my house, I have found a small amount of damage while she is demanding I return the bond to her - she is claiming she is entitled to £500.

Also, I was not advised by the agent of any government bond scheme and I hold the bond which is actually only £250 and stated so on the contract agreement. The amount she owes me now is £140 on top of damage to property.

Please advise, as it is turning really awful and I am stressing as I have had my house up for rent now for a month but have had no other tenants even view it.

There are some other issues:

* I told the agent I did not want a tenant who smoked or had any pets and she said she didn't - but on a visit after two weeks, I was invited in by my 'smoking tenant' (stench in house!) and a 'dog' jumping all over my furniture and scratching at my wood flooring! I let it go as at the time I just thought she's in now and nothing I could do.

* House was furnished and most of the damage is to my furniture and oven, fridge, etc. - can I keep the bond against such things?

* Other damage: stolen shrubs out of garden, she's drilled holes in my pvc porch to move her washing machine to a different place, and stuck Sellotape over the pipes and other holes!! There is damage to the wood flooring and bathroom suite - not to mention 'dirt' on the walls. She also had a child and stuck stair gates up, but they obviously didn't fit and so she also nailed big planks of wood to my walls!! All this without my permission.

* She couldn't afford to pay the required £800 (£400 bond plus one month’s rent of £400) - so I allowed her to move in paying £500 to me - £250 of which was to cover the bond and £250 to cover the first month’s rent. I received the bulk of the rent from the housing office after about six weeks and she only had to pay me £80 per month, but I only received one payment from her.

She is now sending me constant text messages about how 'unfair' I am treating her and how she will take me to court. I have only ever tried to help her every which way. This is my first and last time to let my property - I have decided to sell.

I really, really hate questions like this – you have had a dreadful tenant, who has no respect for you or the property. But then your agent has not advised you of what you really needed to know – the tenancy deposit protection scheme.

How clever do you think this young woman is? Because if she takes you to court for the deposit, you could find yourself hit with a fine of three times the deposit paid simply because it was not protected. The only way I think you can do this is by writing a very clear statement of what you believe she owes you, with quotes for repairing any damages she has done. If it is clear, she may accept that she will not get the deposit back. But that depends on what she knows.
I am really sorry you have been hit with two situations here, and it may be as well to contact ARLA re this appalling agent – it may be possible to get some compensation for the bad advice he has given, if the firm is a member of course (which seems unlikely)

There are tenants who would look after a property and love it like their own, and I am sorry about this tenant who spoils it for the rest.

Although issue could be taken with the size of the admin charge, the agent does not appear to have behaved unreasonably – the firm allowed you to leave, accepted the notice you emailed, which I would say it should not have, as an email cannot be held to be legally binding. If it does appear the deductions from the deposit cannot be justified you can go to the small claims court to recover the unfair deductions. As your tenancy commenced prior to 6 April 2007, your deposit was not subject to the deposit protected rules which include dispute resolution procedures.

Reasonable level of cleaning

I recently moved out of my property having lived there for seven months (we had a six month fixed term contract) . We cleaned the flat top to bottom before the landlord came round to do the check out inventory.

The landlord has decided to charge (from the deposit) for professional cleaning of the flat. The landlord’s wife came round and wasn’t happy with the outside of the windows or the level of cleaning we'd done with the oven (event though I had done this to a reasonalble level).

The landlord’s wife even ran her finger across the top of the door frames to check for dust (which there was). As far as reasonaly cleaning somewhere did we not clean enough if I take it to court?

They have stated they have 28 days to return the deposit but I cant see why they are delaying on returning this as i've confirmed all the bills are paid up. We had broadband with BT but had to transfer this to my new address and the landlord thinks this may cause his new tenants not to get access to broadband because of 'tags' that BT can leave on the line after broadband is moved away.

Can the Landlord expect to take money from my deposit for this too? Especially as he has new tenants already in and as far as we were concerned the flat was in excellent condition when we left which he agreed – although his wife did not.

People do have different standards of cleanliness – it would not occur to me to check door frames, though I have friends who see it as a point of honour that door frames and skirting boards are wiped/dusted very regularly. However, I am not your landlord. If the landlord inspected the property as you were leaving and felt it was adequately cleaned, then I feel he should return the deposit, or tell you why he is not happy to return it in total. If he did not do that, then I think a court would not look favourably on his actions.

I think you also have to think what the property was like when you moved in. I am not sure about the oven being cleaned to a ‘reasonable standard’. If it was spotless when you moved in, that is the standard it should be at when you move out. But 28 days to return your deposit is far too long – the new legislation on tenancy deposit protection works on a 14 or 10 day timescale and I think that is too long!

Consider what I have said about the standards and what it was like when you moved in. If, of further reflextion, you still feel the landlord is being unreasonable, write a short, sharp letter stating you will go to the small claims court for return of the deposit if it is not received within the next three days, say.

It may be that this is one of those very few landlords who really object to returning deposits – which is why the legislation has been brought in.

I am not aware of a landlord ever taking money from a deposit for the circumstances around the BT line. I would say it is for the landlord to sort that out, it should not cost him anything if your bill is fully cleared, so he can have no justification for keeping money back.

The idea of a deposit is so that it can be used in case of any damage left at the end of the tenancy. I would recommend you log all the damage and compare with an inventory that was given at the start of the tenancy. If possible, left your tenants know of what damage you wish to repair and see if they can offer any explanation to the amount of damage. Let them know of the price to repair the damage and see if they dispute it. If you cannot make contact or there is no dispute to the amount of damage then you can use the deposit to repair the property. A quick note here, from 6 April 2007, if you take a deposit you must ‘protect’ this by participation in a tenancy deposit protection scheme – either the ‘custodial’ scheme or one of the two ‘insured’ schemes. If you do not take a deposit you do not need to belong to one of these schemes – so you might like to consider the Tenant Guarantee Scheme launched by Residential Landlord as an alternative.

More information can be found on:
www.iguarantee.co.uk; www.communities.gov.uk/index.asp?id=1152035; www.depositprotection.com; www.tds.gb.com; and www.mydeposits.co.uk.

If you do not issue a new AST and the tenancy continues as a statutory periodic tenancy, then the deposit does not have to be registered. If you issue a new AST then the tenancy has to be registered with one of the new schemes.

Utility bills

My tenants have moved to New Zealand and are asking for their deposit back. I have enquired with the utility companies and they have not yet paid their bills for the time they were in my property. Am I liable for their outstanding balances with the utility companies? In their shorthold tenancy agreement I have not stated that I will hold the deposit until they can prove that they have paid the bills, therefore do I have a right to hold it until I am satisfied they have been paid? I am worried as we have had debt collection agencies asking for them.

Debts with utility companies follow the tenant rather than the property, therefore you would not be liable. I would ask for proof of bills being paid before returning the deposit therefore putting the onus on the tenants to pay. If the tenant challenges this, you can state it is general practice. But as you have nothing in the tenancy agreement about this, should the tenants take the matter to court they could well win.

I let my two bedroom house to two male tenants under a 6 month short hold tenancy agreement.
Prior to them signing the agreement they asked if they could let it for only four months as they were likely to lose their jobs and only needed to live in the area for this amount of time. I agreed to this but later found they signed for six months which I was pleased about. However at month three they handed in four week’s notice to vacate. Even though I believe I could have held them liable for the six months I decided to let them leave when they wanted as I have agreed verbally to four months at the outset.

Upon entering the property to get the keys I discovered that three keys had been cut and I also found a letter dated the day they moved in from my tenant asking a third party for his share of the rent, deposit and agency fee. I also found a letter breaking down the electricity bill between three people, one of which (the same name as on the other letter) was not named on our contract.

In addition it took me three hours to clean the house and the dressing table was damaged and carpets need to be cleaned, in my opinion, as they look soiled after being in the property for only 16 weeks. Given this short amount of time I would not deem this to be wear and tear as the carpets are quite new and were perfect before they moved in.

Am I entitled to keep their deposit for breech of contract in relation to them subletting the property? The contract states this is illegal and they never asked my permission for a third person to stay.

I feel rather bitter about the experience as I was kind enough to let them 'escape' before the six months was up. My agent seems to think that I am unable to keep the bond as this is only for damage incurred but I have asked another agent for a second opinion and he is saying that I am entitled to do so.

You should check your tenancy agreement and see what it says about deposits and what they may be used for. It may well be that you are only entitled to retain money from the deposit for damages – which would cover professional cleaning of carpets and repairing/replacing the dressing-table. You may feel entitled to more money, on the basis that they sublet, but you would have to go through legal channels to get it. You could put it to them that you believe you are entitled to a sum because of what you have discovered, which you are happy to deduct from the deposit, if they so wish, but you should not just keep the money unless the tenants come clean and agree you have behaved very reasonably and they want this to happen.

Threat of future claim

I have let a flat for five years to a tenant. The checkout inventory completed by the agent found that the toilet had been damaged and needs replacing. As a result part of the deposit is being withheld to cover 50 per cent of the costs. The former tenant is disputing this and says she will bring a small claim when she returns to the UK in two years time. In the meantime, the agent has refused to release the deposit to me saying that it cannot be released until the dispute is resolved. Furthermore, the agent says that the tenant has six years to bring a claim and that if she does not file a claim, the deposit will be returned to the tenant? Where do I stand?

So the agent expects to hold the deposit for two years, gaining interest? This is not in your or the tenant’s best interests. I don’t think there is a great deal you can do, other than take her to the small claims court for the damages, but how likely you are to get a judgement if she is not there to defend herself, or even with a judgement, to get the money if she is abroad for two years, I don’t know. I would be livid, but I think for your own mental health you may be as well to bite the bullet and forget it.

Unfair deduction

After renting a property for one year via a letting agency, I agreed a leaving date with the firm and paid everything due there then over the phone. I have never had rent arrears or problems of any kind.

The agency returned my deposit minus a charge £26 because they have me on their system as moving out the following day. They charged me for this without discussion.

I spoke to the agent on a number of l occasions prior to receiving this letter when nothing of this was mention. The firm even confirmed my leaving date (over the phone).

Since then I have called them several times but have hit a brick wall. The agent will not give me a breakdown or explanation as to how it has arrived at the amount of the deduction, nor will it discuss refunding the amount. All the agent will say is that this is a daily rate which, no matter which way I work it out I still come up with a figure at least £10.00 less. Please tell me who or where I can complain to? I feel there actions are unfair.

Contact the agent’s governing body, most likely ARLA. I am afraid this sort of action is the reason that so many people complain about agents and why the Government has introduced the Tenancy Deposit Protection Scheme from April this year. If they have come up with a daily rate, this should be easily calculable – have you tried monthly rent times 12 divided by 365? Write to them, tell them you are unhappy and asking for a clear breakdown of how they have come up with £26, stating you will take further action if a satisfactory explanation is not received.

Disputed damage

I own a two bedroom flat and rented out the spare room to a girl. She caused extensive damage to the property.

I have since realised she was a 'lodger' rather than a 'tenant', although we both signed a shorthold tenancy agreement.

I have worked out the costs of repairing the damage she caused to both her room and the rest of the flat and it totals more than her deposit. I have taken photos of the damage caused and have offered to show them to her. She is not taking any responsibility for the damage and claims she left everything in acceptable condition. She wants her full deposit back and has told me to expect a letter from her lawyer to obtain it.

In your opinion, does the agreement change her rights from a lodger to a tenant as I've read that lodgers have fewer rights in comparison to tenants. Also, I stupidly didn't do enough ground work and failed to provide an inventory - will this count against me? Also, she has asked for a copy of our agreement which I hope means that she does not have enough documentation to pursue this through the courts - would you agree?

If the worse happens and I receive a letter from her lawyer, what happens next?

Inventories are to protect both landlord and tenant and should really be done; issuing an invalid agreement does not change her status, she was a lodger. A tenancy is conferred by factors that do not apply when sharing your home. I think she has been watching too much American TV – don’t we have solicitors in this country? If you get a letter, reply courteously that you are happy to provide copies of the photos, which will show how she left the room. However, if it comes down to it, it is your word against hers.

Reclaiming from former tenants

Several months ago I moved into a flat share. I paid £800 deposit to the girl who was moving out (she would provide me with a written statement if needed) and I was supposed to sign a new contract with the others. But two of the tenants (a couple) decided to move out. As they where moving to their new flat before they found someone to replace their bond, to avoid paying two rents, they let a guy, who was desperate for accommodation, to move in without waiting for the letting agency to carry out a credit check. The credit check came out negative and, in the following months, I have complained to the old tenants (who still had their name and their bonds in the contract) and told the letting agency that I had to leave if he was going to stay in the flat due to the state of dirt and untidiness he caused. The old tenants moved to another town and they couldn't take care of the viewings so I tried to find someone suitable.

I though the people I found were nice and I did worry that they were risking having to take on the arrears/damages caused by the guy who didn't have any contract. They were grateful to me and told me that they had managed to get a deposit from him. Shortly afterwards the agency decided to put the house on the market and gave us two month’s notice. In that period I paid the annual water bill and an electricity bill (no receipts) and I told my former flatmates the amount of their share (£157.20 in total). They told me they were going to credit the money in my account but they never did.

Shortly afterwards they stopped answering my calls and emails. Then the agency sent us a statement with all the payments made towards the flat, and because the couple didn't pay their share after they'd moved out, the arrears were being deducted from the deposit and just £304 was were left. Very cheekily, the couple sent an email to the agency asking them to split what was left between us but the agency decided to give me the money.

Do you think I have any chance of getting any compensation from my former flatmates for the deposit and bills I've paid? I wouldn't mind having to pay a solicitor as the frustration at the way they took advantage of me is such that I would be satisfied just to break even – or would the small claim court be a better idea?

Is it a problem if I don't have my former flatmates current address? I know they have moved at least twice since we were living together, I just know the work address of one of them. Would that be enough?

Personally, I think this couple seem hard faced and I think it is unlikely that they would want to give you any money, unless forced to. Serving them court papers at work is very dodgy – it could be said to violate their privacy and put them in a bad light at work. So going to the small claims court may not be possible. I would discuss this with a solicitor – he will know what you can and cannot do. I hope you get something.

Eaten carpets

I was renting a room out in my house, where I also live. When the lodger moved out all the rent was paid up and the keys handed back. The problem is she liked to oil paint in the room and managed to get oil on the walls and cabinets. Worse, the lodger had a gerbil which has eaten away at the carpet in two of the corners of the room - the damage is around the size of a large mobile phone and is down to the underlay.

Would it be un-reasonable for me to withhold all the deposit and charge for a new carpet?

Provided the carpet is of the value of the deposit, I cannot see any reason why you should not take it from the deposit.

Vacating early

I have recently moved into a one bedroom flat after signing a six month tenancy agreement and paying a deposit of £400. I live there alone and have been there for six weeks. Due to a family member becoming very ill have to move back home. I have discussed the matter with the landlord and I have been told that the agreement is legally binding and that I have to stay for the six month period. But I cannot afford to commute back and forth four times a day.

I get on with the landlord pretty well but need some advice. Can you tell me whether the bond purely for damage purposes and what can I do about vacating?

What the bond is for will depend on what the agreement and receipt say it is for. Some deposits will cover rent arrears, damage, lack of notice, lock change if keys not returned, even theft.

Although the landlord is entitled to expect you to remain in the property for the length of the agreement, he will find it difficult to hold you to it and his main recourse would be the small claims court, but he would there have to prove that he had tried to re-let the property without success and give some evidence of this. Negotiation would be the best course, if at all possible, allowing viewings during the period of notice you are giving.

Attendance at inspections

Back in March I served a Section 21 possession order on a tenant who had become difficult with regard to rent payment. In turn, the tenant issued one month's notice (presumably in breach of contract?) and moved out in mid April, handing in the keys to my letting agent.

An outgoing inspection was carried out a few days later. The former tenant was not present but numerous dilapidations were discovered. An independent inspection by a property maintenance company was then arranged and the dilapidations were costed (£875 plus VAT).

The tenant's security deposit was equal to one month's rent (£595). In view of this, I was advised by my letting agent that I was entitled to withhold the full amount of the deposit and the tenant was so advised.

The house has subsequently be repaired and renovated at a cost of approximately £6,000, obviously not all of which is attributable to the tenant.

Since that time, there has been much correspondence between my letting agent, the tenant and myself, with allegations of fraud, conspiracy and subterfuge on the part of myself and my letting agents.

Basically, my tenant is denying any damage occurred during the tenancy, other than fair wear and tear, and that I should repay the security deposit in full or legal proceedings (presumably the small claims court?) will commence.

My questions are as follows:

My letting agent assures me that the tenant simply gave notice and posted the keys through their letterbox and made no reference to attending the outgoing inspection. The tenant on the other hand is now insisting that he made attempts to contact my agent to arrange an inspection without success. Does the law require that the tenant must be present at an outgoing inspection and does he have to be issued with a copy of any outgoing inspection report?

Should my letting agent have ensured that the tenant attended the inspection so as to avoid any doubt with regard to damage?

My letting agent has advised me that the form used simply makes written notes of any dilapidations found, and that these are then independently costed - and it is this report that is forwarded to the tenant. Is this acceptable under current housing law?

Based on the above, how do you think I would stand if the case were to go to small claims court? Have I been misled or poorly advised by my letting agents?

No, it is not a legal requirement that tenants attend inspections, although it is good practice. He does not have to be issued with an inspection report, but why not let him see it anyway? It can only support your case. It seems strange to me that someone would post keys through the letterbox, rather than go at a time when keys could be handed back and an inspection arranged.

I think if I was the tenant, I would want to see the notes of the dilapidations, particularly as the client is arguing fair wear and tear. Costings to make good could be very easily, though accidentally, inflated. A small tear in the wallpaper may be repairable with a little glue, but could also be seen as a need for re-decoration, particularly if the person inspecting could be seen as generating profit.

You need to look at what kind of case your agent can make. I think they would need to provide very full and clear details of the full extent of the damage; what attempts were made to contact the client to allow him to attend the inspection etc. They are also presumably very experienced in this sort of thing, so will have their own idea of how likely success is. If in any doubt, perhaps you could try to negotiate. Final bit – I am not sure whether you have been misled or poorly advised by the agent. I think he should have handled the inspection differently, but for all I know, he may very well have tried to, with no success. If in doubt, ARLA.

Leaving after two days

In April of this year, I rented a property from a local agent. After looking round I signed the agreement and handed over one month’s rent of £400 plus £550 as a bond (more than one month’s rent because I had two dogs).

When I collected the keys and went into the empty property I noted a lot of issues with the state of the property which I did not initially see. After the weekend of living with increased problems and making myself physically sick, I rang the landlord to say I was leaving the property on the Monday morning. He said if that was what I wanted then just to take the keys back to the agent. He did want me to get in touch with people to look at the problems but I had worked myself into such a state that staying there was not an issue. I left and handed the keys back after three days.

I have been in correspondence with the landlord, to at least re-gain my bond, but have had no joy. Instead I have had lots of legal issues thrown back at me about the tenancy agreement being a legally binding document and the bond being in replacement of any lost revenue on the rent. He claims he was unable to find a new tenant quickly and is out of pocket.

My question is, is there a cooling off period at the beginning of a tenancy. A solicitor has advised that I take this to the small claims court. But the landlord has stated that he will counter-claim for loss of revenue.

I'm at a loss and have written it off in my head but not my pocket. I am unable to rent again because I cannot afford it being out of pocket. I just feel it is unfair that the bond should be used in this way and don't feel it is my fault he has been unable to re-rent straight away. He states that he is an ex solicitor and knows the law and I feel I am backed into a corner with no way out.

You may clarify all his points but a second opinion would be helpful.

I think the phrase is ‘caveat emptor’ – let the buyer beware, and this applies doubly to private rental issues. I am unaware of a cooling off period after a tenancy agreement has been signed. However, whilst I feel that retaining the first month’s rent, paid in advance, is appropriate, I cannot understand why the landlord was unable to rent it again within that month. Was he unable to do so because it was in such a bad state? If so, it was not lettable in the first place, hence your speedy vacation of it.

If you went to the small claims court, you would make your case about why you had to vacate as strongly as possible. The landlord would have to prove he did what he could to get a new tenant as quickly as possible. Don’t be intimidated by the ‘ex-solicitor’ line – whilst I have great respect for many highly qualified solicitors, if he is no longer a solicitor, he may not be up to speed on housing legislation. I think you stand a chance to get at least some of your money back.

End of lease inspection

I am currently leasing a two bedroom flat (second property) through a property management company, that is unfortunately proving to be very unprofessional. The flat is officially leased to two girls but it now turns out (three months into the lease) that there are five people living there in total. We have instructed the agent not to renew the contract.

In the meantime I am concerned about the state of the flat and would like advice on how to inspect the property once it is vacated. We fear that the damage to the property may exceed the deposit. If so, what actions should we take?

I think if you have concerns, you should be discussing these with the agent – the firm’s tenancy agreement should have a clause regarding inspection of the property for repair issues. I think I would be asking the agent to make an inspection, which will either reassure you that the property is ok or perhaps give a ground for eviction. If they see evidence of more people living in the property than was agreed, then they should be mentioning this to the tenants and ask for the others to leave.

The inspection should be done with the inventory, the tenants being present for the inspection and damage pointed out at the time. If damages exceed the deposit, then you would go to the small claims court. Remember, the agent has to serve a legal notice – it is not sufficient just not to renew the contract. You may be worrying unnecessarily – I’ll keep my fingers crossed that the property is not too bad.

Amicable but costly

I am renting a flat under an assured shorthold tenancy which runs the duration of this calendar year. At the beginning of the year, the landlord and I verbally agreed that either party could end the tenancy with one month's notice. In May, the landlord said he wanted to move back into the property, and gave me two months notice; I agreed to move.

But subsequently, with less than a week to go before I moved into my new flat, the landlord told me:
(a) He no longer wants to move back in and could I stay until the end of the agreed tenancy (five more months)? - Of course, I cannot.
(b) He will not be returning my (£2k) deposit, citing essentially spurious dilapidations.

Can I recover the deposit? Worse, I now realise that all our dealings were verbal. It seems crazy now, but it was all so amicable at the time. The landlord never served me with written notice. Can he demand rent for the remaining five months of the tenancy agreement?

What an unpleasant situation you are in. ‘Spurious dilapidations’ – there should be an argument about these based on what the inventory says. If there are any damages, obviously a reasonable sum can be deducted. The only thing you can do, if you are not able to agree, is to go to the small claims court, but in the absence of paperwork, you may have a struggle. If it got to that situation, you would have to ask your new landlord to make a statement confirming that you had told him that was why you needed somewhere. I have a nasty feeling that your new landlord did not ask the old one for a reference, so you will get no support there. I am sorry, but this is one occasion when not getting the paperwork may have assisted this landlord to take advantage of you – I usually feel landlords need to get the paperwork right for their benefit.

Cashing holding deposit

My daughter viewed (in a hurry) a six bedroom flat in Sheffield. It looked ok and decided to take it. She signed one agreement with four other names also included – a sixth was in Germany and signed later after the agreement was sent to her. Subsequently one of the other girls dropped out and a new person was found.

Instead of sending a new contract to the girl in Germany they copied her signature onto the new contract. Then another girl decided not to take the flat, at this stage no one asked my daughter to sign another contract. The other people found a new tenant and still my daughter did not sign a contract with the actual signatures of the remaining tenants.

When we went to move her belongings we found the flat to be an utter disgrace - pure filth, I would not let my dog live there. She broke down in tears and I said we would find somewhere else. She called the landlord and told him about the state of the place and that she would not be moving him. He said that she was breaking the agreement, even though she had not signed a new agreement.

Where do we stand on this? The landlord only asked her for a holding deposit of £75 which she paid, the full bond was payable upon her moving in. He cashed the holding deposit within days, which I thought he could not do until her agreement date started. He is now refusing to refund the money. I was under the impression the landlord does not have a full and binding contract with the people.

Why would you not think it was legally binding? You state she had signed an agreement. On joint tenancies with multiple names, everyone could drop out, and she could be held liable for the full rent. However, clearly the property was not fit to let and this is the argument she would make for the return of her holding deposit. I am afraid in private letting, ’caveat emptor’ applies – let the buyer beware. The preferable course of action would be that she and the other tenants give the landlord the opportunity to clean the place up. Is she in touch with the other tenants? Have they moved in and have they got a replacement for your daughter? You can try and negotiate with him, but if you get no joy, discuss the situation with the accommodation officer at the university – he or she may be able to put some pressure on.

Changed reasons

Situation: shared accommodation (landlord also lived with us), verbal agreement (no contract).

I arranged to meet my landlord on the night I moved out but he sent a text asking me to leave my keys and address as he was unable to attend. I have since received a letter saying that I am not entitled to my deposit money. He claimed that I sublet my room on two occasions (friends had actually stayed over with the consent of the landlord and the other housemates). He also claimed that I broke 'house rules' because on one occasion I entertained guests in the communal living room. He has also requested £150 for the three guests who stayed the night (£50 per head).

I wrote back stating that I would begin legal proceedings because none of his claims could possibly justify retaining my deposit. I have since learned through my research that he has pulled a similar stunt on at least three other previous tenants. I have managed to track down one of them and he has agreed to provide a written statement.

The landlord’s second letter now makes different claims - 'damage to my room' and complaints from other housemates that I was noisy and unclean.

Thankfully all of he housemates have agreed to provide written statements to contradict his absurd allegations. However I am concerned about the accusation of damage to a wall in my room. Surely in a 'small claims court' his claim of damage should have been made in his initial letter and a judge will realise this? He obviously knows I am not backing down and has invented more lies.

I hope you can give me advice

Was there damage to a wall in your room? If not, then I can see nothing to fear from the small claims court. The fact that this was the second letter should stand in your favour; he is making excuses to retain your deposit. It sounds as though you have quite a strong case against him, and he would be silly to go to court about it – however, if he does not return your deposit, I’d go for it. By the way, allowing a friend to stay a night or two does not constitute sub-letting.

Tenancy deposit schemes

Do you have any information on the new tenancy deposit scheme? Also can you confirm that it will now be brought in next April (2007) not October 2006.

I’ll answer the second part first – it appears that there have been disagreements between the bodies which wish to manage the schemes and landlords and agents have raised issues about rent arrears and termination of tenancies. The Government has said it will address these issues and more of less said the tenancy deposit schemes will not be introduced in October as originally intended. April 2007 has been mooted as the most realistic start date, but this has not been officially confirmed, yet.

The Tenancy Deposit Scheme has been devised to answer the research carried out by Shelter and Citizens Advice which suggested 50 per cent of tenants do not get their deposit back. Not surprisingly, given the client group surveyed, and no recognition was given to the fact that some of those tenants may not have deserved their deposits back anyway.

The reports were liberally sprinkled with ‘rogue landlord’ epithets.

There will be two types of scheme. In the ‘custodial’ version the full cash sum received by landlords will be deposited in a designated account for the scheme. There is no charge for this, as it is run on the interest received on the account. In the ‘insured’ version landlords will pay a premium to start with, but can hold the deposits themselves. At the end of the tenancy, if there is a dispute between landlord and tenant on the return of the deposit, then the deposit is deposited with the scheme whose dispute resolution procedures will make a decision about how much should be returned to the tenant.

I think there will be more bureaucracy and delays, but hope I’m wrong. Bond schemes should be unaffected, so if you don’t use a local bond scheme, investigate – it may be worth your while!

Rotating flatmates


I have an assured shorthold tenancy jointly with three other people. The house was originally let in September 2001 to a group of people who I don't know. There is an inventory check still in the house that was carried out in October 2001, but this has not been updated.

I moved in July 2003, at which time a new AST was signed by all the current tenants, including me. Since then there has been a succession of people through the house, at each ‘transfer’ a new AST was signed.
The landlord has advised us (verbally, through the agent) that he intends to sell at the end of this AST (September 2006). However, this isn't convenient for us, so we have decided to move at the end of July, a few months before the end of the AST. The AST states that we can do this provided we give 30 days written notice, which isn't a problem.

However, my flatmates have become paranoid that they will lose the deposit, especially considering one of them has only been there a few months. They want to not pay the final month's rent, and try and stay in the house as long as possible to recover the six week deposit. I disagree with this approach, and think we should try to recover the deposit through the proper channels.

So my questions are:
1) What is our liability if we don't pay our final month's rent? It seems like it would be a small amount compared to the cost of the landlord pursuing us through the small claims court.

2) If the original inventory was never updated after each tenant left, are we liable for damage? Five years is a long time for many small ‘fair wear and tear’ events to accumulate. What would our chances be in the small claims court if the landlord decides to withhold the deposit based on the five year old inventory?

I understand your friend’s paranoia, though to be fair, your landlord seems to have behaved properly in issuing new ASTs.

1) I would never suggest that tenants withhold the rent to recover the deposit, though I also know many, many tenants do this because of the fear you expressed. Remember, if it goes to a Small Claims Court the landlord could also recover the costs from you, as he would probably win.

2. I think this is something you may argue about but I don’t feel there is any reason for a claim to be made, unless it is something specific, by which I mean something you are aware of. If the five year old inventory said the carpet was in good condition, but you know someone had made a burn on it, I’d hope you would be honest about it.

I think you need to sit down with the landlord and discuss the situation, sooner rather than later, and make a decision then about withholding rent, though it is not fair to the landlord to do this. For future reference, if the landlord does not volunteer a new inventory, you at least should go through the old one with him and, if all is still in order, sign and date that you agree with it.

House repossessed

We signed a shorthold tenancy for six months, but halfway through the tenancy we received notice from the landlord’s mortgage company saying it was going to repossess the property (after court action) for mortgage default by the landlord. We were advised to find alternative accommodation, which we did.

We moved out of the property before the date the bailiff was scheduled to arrive. We later completed an inventory checkout with the agent who had placed us in the property and all was good. The landlord promised to refund us the deposit. We haven’t yet seen a penny.

The refund is now two and half months overdue. The first time we managed to get hold of the landlord she said she would check the numbers with her accountant and pay us. The next time we managed to get hold of her, she said her husband was overseas and she didn’t have signing authority on the account, so she could pay us. She said she was getting that changed and would send us the cheque. She is now not returning our calls at all nor responding to our emails. We believe she has no intention of refunding us our bond £480.

What are our options in getting our bond back? Is the small claims tribunal the only option? Can we claim court costs against her? And if we get a judgement against her, what can we do if she still doesn’t cough up the refund?

I think the Small Claims Court is the only option. Sadly, where there is a mortgage default, there is rarely available cash – they’ve defaulted because there is a problem. You would be able to claim court costs from her. The court may say she has to pay a small sum each week, so small you will probably not feel the benefit. If she does not pay at all, I think you would have to get a bailiff in – all in all, an unhappy situation which could cost you.

Broken agreement

I rent a three bed roomed shared house which is owned by my parents. Three of us decided to rent the house and we each signed our own individual six month assured shorthold tenancy agreements. After just two months of living there one of the tenants decided she wanted to move out due to a tiny spot of mould in the corner of her room. This is a fairly new house and never has had a problem with mould before. The small spot of mould was possibly due to it being winter and the tenant did not ever ventilate her room (which was a small single room) and spent a lot of time in it with the door closed. She never once mentioned the mould beforehand but brought it up in her letter saying she was moving out.

My parents decided not to pursue her for the remaining three month’s worth of rent due under her tenancy agreement, although they did retained her £200 deposit. After advertising (at a further cost of £60) we eventually found another tenant to replace her. The new tenant has been living there for almost eight weeks now (without one spot of mould appearing).

Now, out of the blue, the original tenant has written a letter asking for her deposit back. Is she entitled to it?

Your parents are entitled to deduct from the deposit the cost of advertising and for the weeks the room was vacant whilst another tenant was found. They should return any balance remaining – if any.

Tenants have split up

Could you tell me where I stand with giving back a deposit to a couple who have split up? They have a joint tenancy but she left after a couple of months. She did inform me and he was happy to continue paying the full rent. He did say he would move out after the six month contract was up and was happy for me to advertise the property.

I telephoned him to let him know I would be taking people around but when I did so I found the place was a mess. There has been a fair bit of damage done in a short time.

They initially put the deposit down together and now she has contacted me to say she wants her half of the deposit back. I did tell her that I believe there are some outstanding bills and also damage. She is saying that she is not responsible for this damage as it must have happened after she left. The agreement was not altered after she moved out.

I have invited them both to the property to talk through and look at the damage with me but she has refused saying she doesn't want to be near him. I don't want to get involved in their relationship. Is there something I could write into my agreement in future to cover me if the tenants separate? Also how do I stand with giving the deposit back (if any)? I don't think she will be happy if I keep the deposit for the damage as she will say she didn't cause it. I have detailed dated photographs of the condition of the house the day before they moved in.

As joint tenants, they were jointly and severally liable for the rent and any damage caused. Her relinquishment of the tenancy legally broke the tenancy. She should have signed a document stating relinquishing, an inspection should have been carried out at that time and, if you were satisfied, you could have returned her half of the deposit and issued him with a new agreement – you would, of course, have expected him to make up the deposit, which was possibly why she did not raise it then.

If, should similar circumstances arise again, you follow the above procedure your agreement will remain the same.

However, as you did not she will might take you to the small claims court if you do not return her share of the deposit on – on the grounds that the property was perfect when she left. However, without dated photos to support this claim I can’t see she has too much of a chance.

For the future I suggest you include a right to monthly inspections in your agreements. Such inspections would mean you can spot if the tenants are not behaving in a tenant-like manner.

Notice claim

We rented a property (for an employee) under an assured shorthold tenancy agreement for a period of six months. The agreement makes no reference to any notice period or any provision for the term extending beyond six months. During the last month of the tenancy, the landlord was verbally advised by the employee that he would be vacating the premises at the end of the tenancy.

The landlord was showing around other prospective tenants during this period and has acknowledged this is writing, but is refusing to return the bond (£750). He is stating that he is withholding the bond as he has suffered a financial shortfall in not re-advertising the property one month earlier and is stating that nobody from my company gave notice to end the tenancy, despite acknowledging in writing that the employee had advised he would be leaving.

My understanding is that provided the tenant vacated on the day the tenancy ended, he has kept to the terms of the agreement. In civil law, the landlord can expect four weeks notice, but as the tenancy made no reference to this, I think it would be difficult in law to justify holding the bond.

I do sympathise with landlords, but this one has done nothing to protect himself and does not appear to have made any attempt to negotiate with you. If he was aware in the last month of the tenancy that the tenant was vacating, he should have mentioned that a full month’s notice was required and that as in effect he had only had, say, two weeks notice, he would retain two weeks rent – but not keep the full amount.

I am afraid it is situations like this that have forced the introduction of new tenancy deposit protection regulations that will come into effect in October. The new rules will undoubtedly increase the bureaucracy involved in letting - for the good landlords who do return deposits on time, as well as bad.

Absconding agent

A letting agent I was using to let a furnished property has ‘done a runner’ with two months rent and the tenants’ deposit he was holding. I am told a large number of other landlords and tenants are affected. The police have not found him and believe he has gone abroad. My questions are:
• Is it the landlord’s legal responsibility to return the (stolen) deposit to the tenants when they leave the property? And
• In such circumstances do tenants have the right to sue their landlords should they not return their deposits?

There is no communication between all the wronged landlords each of whom has to make his or her own decision. Where do they stand? Informed advice on this would be much appreciated’.

Very unfortunate situation. I believe (though would need to see the written agreements to be sure), it is the agent’s responsibility. Try talking to ARLA, the association for letting agents (although it is quite possible this agent is not a member) to see if it can offer any advice. Speak to your local landlords’ organisation – again, it may be able to help and may have some insurance that covers circumstances like this. Sorry I can’t be more help.

Reluctant return

About a year ago I rented a property with an initial contract of six months. No extensions were applied to that contract and so it lapsed into a statutory periodic tenancy. I then found a property that I have since bought. When the opportunity suddenly arose for an early completion I informed the landlord of my intended termination at the earliest opportunity, effectively in two weeks which was both the completion date and by coincide the rent due date.

On the completion date I handed over the keys and asked about return of the bond (equivalent of one month’s rent). The landlord said that assuming everything was OK with the property and inventory he would return this.

When he had not responded after a week I again requested return of the bond and the landlord said that he was withholding return to cover damages, specifically to the cooker (supposed burned out element, which was OK when I left), washer door (faulty catch) and fire ignition not working (I had reported this to him six months previously and he had not had it repaired).

When I confronted him again he refused to refund the bond. I pointed out that the items he had referred to were due to fair wear and tear and not malicious damage and that he had no right to withhold the bond. He then said that he was going to examine the items and then refer to the letting agency.

I contacted the letting agency which backed up my claim for a refund, and the agency also advised the landlord that he was in the wrong and that the bond did not cover wear and tear, and that he should refund.

I have since had a cheque for half the value of the bond, with a covering letter stating that he is claiming unpaid rent due to only giving him two weeks notice.

He appears to have been using any excuse to wheedle out of paying. He did not complain of lack of notice when he accepted the keys from me, and he did not advise that he would be deducting the equivalent of half the rent for the shortened notice. He has since re-let the property in a very short timescale.

Where do I stand?

He does seem to have been trying not to return the deposit. That said, however, the landlord is entitled to retain part of the bond to cover the balance of the notice he was entitled to. If you know of anyone who would be prepared to write a statement to the small claims court stating that the property was re-let within the final two week notice period, it would be worth raising this with the landlord, making it clear you have sufficient grounds to go to court. Perhaps he will refund some more of the bond.

I always stress to both landlords and tenants that nothing should be assumed; everything should be stated and put in writing. The landlord should have told you that he was entitled to four weeks notice and would deduct from your bond – though he may have felt that this went without saying. You should have asked the landlord whether he was prepared to accept only two weeks’ notice without penalty.

Moving on