How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Property Law Question Here...
Ash is online now

Tenancy Deposit Dispute My tenant left my flat with heavy

This answer was rated:

Tenancy Deposit Dispute
My tenant left my flat with heavy mould everywhere, I instructed a builder to investigate he advised me the cause of mould was due to condensation and usage. This mean in the lounge/kitchen area mould was due to condensation as tenant not use a lot of heating and no ventilation. Usage mean as mould and dark discolour in side the shower cubicle and shower room tiles.
We carried out three days solid cleaning and during that time, heating was on, and small fan was used no mould returned.
Just to provide you with some back ground information I have let this flat for the past 15 years, a Victorian small flat no one has complained the mould and no one left me in such poor condition.
I requested the letting agent to detain the deposit, but tenant dispute
Hello my name is ***** ***** I will help you.
What was the cost of putting it right?
Customer: replied 2 years ago.

Hi Thanks for your question

The cost of put it right was £458.00, but also including some repairs carried out to the damaged wall units.

Deposit hold: 6 weeks rental at £395.00 pcm= £546, I advised tenant the deduction normally works cost of put back less 10% wear and tear, in this case I will apply the cost relevant to her failure at £358.00 less 10% w&t £35.80 = £322.20, I have requested a £322.2 retention from the total of £546.00 deposit. Again been denied.

Please advise what is my legal position. The letting agent advised me that any retention can only be retained at tenant's agreement.

If the deposit is protected a dispute can be registered with the TDS. They will then adjudicate. But the deposit should be protected and as such the provider can decide who is right and who is wrong.
Can I clarify anything for you about this today please?
Ash and other Property Law Specialists are ready to help you