Charge rent whilst flat being reinstated?

Charge rent whilst flat being reinstated?

by Readers Question

Guest Author

10:27 AM, 21st March 2022, About 2 years ago 3

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If a tenant leaves the property in a mess that requires cleaning and walls repainted, can you charge them rent whilst you get the flat ready for the next tenants?

The flat was redecorated and professionally cleaned before tenants moved in, and they’ve only been in the flat 1 year – contract says return flat in the same condition, also inventory shows before and after.

Also, ceramic hobs: I’ve had one in my flat for over 12 years, no issues. The above flat had a new one installed before tenants moved in – it’s now scratched to hell from woks being used or some other abrasive pans.

Can you charge for replacement?


Editor’s Note:

Click here to view the full tenant Fees Ban guidance document.

What fees can I ask a tenant to pay?

You cannot require a tenant (or anyone acting on their behalf or guaranteeing their rent) to make certain payments in connection with a tenancy. You cannot require them to enter a contract with a third party or make a loan in connection with a tenancy.

The only payments you can charge in connection with a tenancy are:

  • The rent
  • A refundable tenancy deposit capped at no more than five weeks’ rent where the annual rent is less than £50,000, or six weeks’ rent where the total annual rent is £50,000 or above
  • A refundable holding deposit (to reserve a property) capped at no more than one week’s rent
  • Payments to change the tenancy when requested by the tenant, capped at £50, or reasonable costs incurred if higher
  • Payments associated with early termination of the tenancy, when requested by the tenant
  • Payments in respect of utilities, communication services, TV licence and council tax; and
  • A default fee for late payment of rent and replacement of a lost key/security device, where required under a tenancy agreement

If the fee you are charging is not on this list, it is a prohibited payment and you should not charge it. A prohibited payment is a payment outlawed under the ban.

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Neil Patterson

10:29 AM, 21st March 2022, About 2 years ago

Hi David,
Please see my notes above

Judith Wordsworth

11:35 AM, 21st March 2022, About 2 years ago

Can't charge them rent but can probably deduct from their deposit. If damage to hob is above "fair & tear" then deduct from deposit


14:54 PM, 24th March 2022, About 2 years ago

Recovering costs for damage is compensation for loss so not a banned fee. However, if you charge them rent you will likely begin a new tenancy.

You can make a deduction from their deposit or sue them using MCOL for the costs.

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