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MarianC, Solicitor
Category: Law
Satisfied Customers: 773
Experience:  Expert
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I am a landlord with a question over returning a deposit to

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I am a landlord with a question over returning a deposit to a tenant.
Customer: replied 13 days ago.
I've attached the details of the situation in the file: deposit.rtf

Good afternoon

Thank you for your question. I will assist today.

Please note that this is not a chat service so whilst I will endeavour to respond as soon as possible, replies may be intermittent.

Please bear with me whilst i read the attachment

Do you have written correspondence with you and your tenant regarding the maintenance works being carried out and them refusing?

As you will be aware, it is standard practice for deposit to be returned after they have vacated the property and inventory checks carried out. If you are intent on them leaving as soon as possible, it may be worth suggesting to them that you carry out a visual inspection of the property prior to releasing the deposit to check for any potential damage or have a side letter written/signed by both parties confirming that if the deposit is released, they will be liable for any damage to the property that has been caused by the tenants.

The only other option you may have if the deposit was released and you find damage is to take them to a small claims court although this is likely to be very time consuming and there is no guarantee that you will recover the costs. you may incur further costs of your own.

I hope this helps.

Kind regards

Customer: replied 13 days ago.
All of the correspondence has been by email, which I have kept. Does he have any grounds under which he could sue for damages due to the mould?

Provided you have confirmed you were prepared to carry out the works to deal with the mould and have the emails of him refusing to let further works be carried out, I cannot see on what grounds he could sue for damages for the mould.

Did you have any further questions?

Customer: replied 13 days ago.
Thanks for the advice.
In a worst case scenario, where after returning the deposit early, and he intentionally vandalises the property, would this be considered criminal damage?

Yes it could be considered criminal damage but you would need to prove that it was intentional.

Customer: replied 13 days ago.
OK. Thanks for your help.

No problem at all.

If you require anything further do let me know although I would suggest, if you are able to, hold on to the deposit until after they have vacated.

Kind regards

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