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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I own a flat that I rent out. My last tenant moved out

Resolved Question:

Hi, I own a flat that I rent out. My last tenant moved out of the flat a month ago. He owed me 182 pounds in back rent. Also 37 pounds for electric. The front door had to be repaired at a cost of 50 pounds. Kitchen blind is broken, he has taken a large mirror from the lounge and a picture. He has taken the crockery, all the pans and cutlery
He has broken a sideboard and tv cabinet, which I will have to replace. He gave me 350 pounds bond when he moved in 5 year ago. He has never paid his rent on time. He has asked for his bond back. Ive explained to him that I will renew and replace the items and will invoice him and if there is anything left of the bond I will forward it on to him. The problem is I did not have bond in a tenancy deposit scheme. I had it in an independent private account. He said he will take me to court. I need to know where I stand in the eyes of the law
I would really appreciate some legal advice.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Just to confirm the tenancy has now ended? How much in total do you say he owes you?

Customer:

Hi Alex. Yes the tenancy finished on the 28th of august 2014.As my tenant had lived there for 5 years, I hadn't really heard about the tenancy deposit scheme then. In total he probably owes me the whole of the deposit, being 350 pounds but I will put some things down to general wear and tear. So I make it 250 pounds.

Alex Watts :

Ok - it makes no difference whether or not if the tenancy has ended whether you protected it

Alex Watts :

The tenancy has ended.

Alex Watts :

What you should do is return the £100 that is left after deductions

Alex Watts :

Then it is up to him to try and sue you

Alex Watts :

It would be a small claim and therefore even if you lost, which I doubt, there would be limited costs

Alex Watts :

Generally the law states that unless the deposit is protected you can't take any step to get them out

Alex Watts :

But in this case, they are out and the tenancy has ended, therefore there is no point now protecting the deposit

Alex Watts :

So return the £100 left and see what he does next

Alex Watts :

Can I clarify anything for you about this today please?

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