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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My tenant has broken several things in my property. the

Resolved Question:

my tenant has broken several things in my property. the property has since had damp problems which I have gone to great lengths to rectify.However she has called the council who said that I must do the work in a specified time. I have. She was offered emergency accommodation while the property was being repaired. She refused it. She now is moving out and insists I repay the bond despite £900 of damage due to pets, and insists on me paying her moving fees. The mistake I made was not to put the bond in a secure bank account, but simply a separate one which I do not use. She is blackmailing me, saying she can reclaim 3 times the bond due to this. Is this true
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

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

Why didnt you secure the deposit please?
Alex

Customer: replied 1 year ago.
I didn't realize it had to be put in one despite the estate agent who set up the tenacy agreement now saying she said to to do so
Expert:  Ash replied 1 year ago.

Yes, she can claim x3 the deposit. That is the law. Under the Deregulation Act 2015 you are required to protect it and if you fail to do so they can sue for x3.

You need to work out whether or not the damage done exceeds the value. If not then just give the deposit back and learn from it.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Is it fair for her to require the removal fees? And if I give her the bond back, what is to stop her chasing the x3 amount later? That would be £1700 as opposed to the £900 worth of damage. It is quite extensive. Bed broken, mattress torn and pets saturated in cat urine.\also irreparable damage done to pure oak doors and skirtings due to rabbits kept inside the property!
Expert:  Ash replied 1 year ago.

Sadly I can only tell you what the law is. The tenant can sue you for x3 the deposit.

Whatever the deal make sure the tenant signs in full and final settlement so it doesnt come back to bite you later.

Does that clarify? Alex

Customer: replied 1 year ago.
if she signs and dates an agreement that she will take the bond, the removal fees and no further recriminations, that will suffice, with no further threat of legal action? That will be legal and binding?
Expert:  Ash replied 1 year ago.

Yes. It must say in full and final settlement.

That WILL be legally binding.

Does that clarify? Alex

Customer: replied 1 year ago.
thank you
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 1 year ago.
The estate agent that dealt with the tenancy agreement but then had no dealings with it, did not advise us to put it into a secure account, just a separate one. Are they remiss in their responsibility? The repairs have been made re. the mould. And she may not have ventilated properly ( the tenant)
Expert:  Ash replied 1 year ago.

No. Its your legal duty to know as Landlord - I am sorry.

Alex

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