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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 11
Experience:  Moderator
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Hello my name is XXXXX XXXXX i need help please i am landlord

Customer Question

Hello my name is XXXXX XXXXX i need help please i am landlord and i have problems. With my tenant left the property. Só dirty and i need to making it habitable Again and leasing trash and other itens to bem throw away and to cleaning the house but the problem. Is to throw the rabish she left cust me 200. To painting. The house is 1750. And she want the deposit is 950. And i refuse to give the deposit back and she want take to the court could you please me thanks
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello welcome to Justanswer. My name is Tony and I shall help you with this tonight.

JACUSTOMER-913q2e5d- :

Hello my name is Mrs santos i am wait for anwser please

tdlawyer :

Okay .... (1) has she actually issued proceedings against you yet and (2) have you returned any part of the deposit?

JACUSTOMER-913q2e5d- :

The here solicitor writing me a letter to me give the deposit utilizador this friday if nottake to the court

tdlawyer :

OKay. You're entitled to retain whatever amount from the deposit is required to clean the property up and make it ready for the next tenant. This is what the deposit is supposed to cover.

JACUSTOMER-913q2e5d- :

Sorry until this friday if not take take me to the court now i dont give here the deposit

JACUSTOMER-913q2e5d- :

I took pictures to show the walls is Black she burning incenso in the house shall bem afraid if she took me to the court because she say i am not supostamente the keep the deposit is supostamente to Register the deposit with the goverment

tdlawyer :

Was this an assured shorthold tenancy that you had?

tdlawyer :

And when did it start?

tdlawyer :

Actually, sorry, I mean when did it end?

JACUSTOMER-913q2e5d- :

No she live in the house for near to 2 years she left the house in 26 the june she suppostif the contract in august

tdlawyer :

Okay. Because you failed to protect the deposit, the Court can awad up to 5x the rental deposit amount against you as compensation to the tenant.

tdlawyer :

It does have a discretion whether to do that.

tdlawyer :

If the tenant is giving you a choice between paying back the deposit and being sued for the compensation, it might be worth doing a deal with her and paying some (if not all) of the deposit back.

tdlawyer :

However, you would need to get any deal recorded in writing between you to protect you.

JACUSTOMER-913q2e5d- :

Is mi i am in the trouble because she left the house dirty i didnt know i suppost to Register the deposit but the name still in the bank i dont touch

JACUSTOMER-913q2e5d- :

Sorry the money

tdlawyer :

It doesn't matter if you didn't spend the money. The law requires you to lodge it with a protection scheme. If you didn't do that, you could be ordered to pay up to 5x that amount.

tdlawyer :

You have to do the maths.

tdlawyer :

If you have to pay £3,000 in compensation, and you spend say £2,000 in cleaning it up, then you are still £1,000 out of pocket (which is the return of the deposit).

JACUSTOMER-913q2e5d- :

That is not fair because she left the house very firty and all walls is Black not magnolia any more is mind the tenants have all rights to do what thens want is very good

tdlawyer :

I agree with you - but the law is trying to force landlords to protect the deposit. Those landlords that fail to do this will be ordered to pay compensation.

tdlawyer :

You can always deduct what you have from the depsoit to put the place right for the next tenant, but if you're sued, then you are likely to be ordered to pay something between 1x and 5x the despoit amount. This is where you take your chance.

tdlawyer :

It isn't fair, but this is the law I'm sorry to say. It's better you know this now, that be sued and face a bigger bill at court.

JACUSTOMER-913q2e5d- :

Thanks

tdlawyer :

You're welcome. Are you happy with the service tonight?

tdlawyer :

Is there anything more you would like me to address for you?

tdlawyer :

Would you please rate the answer for me.

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

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Thank you,
Nicola

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