Return of rent deposits after 11 year tenancy?

Return of rent deposits after 11 year tenancy?

14:54 PM, 4th May 2020, About 4 years ago 20

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We had a tenant on an AST which was renewed every year for 11 years in total. The schedule of condition wasn’t updated each year and unfortunately we didn’t carry our regular inspections, although this isn’t stated in the lease. The property needed a full refurbishment and last year a notice was served to terminate the tenancy.

After the two month notice he refused to leave and an eviction process was undertaken. He finally left the property in March this year. The property was suffering extensive mould which needed eradicating.

Under the lease there was a specific term to keep the premises ventilated and clean any mould on a regular basis. We are asking for him to contribute towards these costs (the rent deposit would cover 50% of the costs).

We raised the issue of condensation and advised how to clean mould back in 2015.

He is saying he opened windows and cleaned the property, but we find this hard to believe.

Are we able to claim these costs and deduct from the rent deposit, or will this be difficult bearing in mind he has rented the property for 11yrs and we didn’t inspect the property regularly and undertake works at the time (even though there was space the fully clean and decorate the mould).

Many thanks Marcus

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Marcus A

9:54 AM, 5th May 2020, About 4 years ago

Reply to the comment left by Veronica Mitchell at 05/05/2020 - 09:44
Thanks Veronica- fully agree, but if you have 2 adults and 2 teenagers in a 1 bed flat they should really have moved on. Our Mistake - we should have not renewed the lease a few yrs ago. The T wanted to be evicted so they could go to the council for a property. Over the yrs we always put circa 1 month rent towards repairs, and this now equates to what we are spending, but we do expect the tenant to keep the property in repair and clean (save for fair wear and tear).

Agree good tenants are hard to come by and when you get one you want to keep hold of them.


10:07 AM, 5th May 2020, About 4 years ago

If the inventory shows no signs of mould then it should be returned in that condition .If mould appeared to such an extent then the tenant should have contacted you. He like so many believe they have no responsibility to care for your property and seem content to live in the filth they create by drying washing indoors and without ever opening windows or clearing off mould as it appears .In my opinion the tenant should pay to remove the mould.

Marcus A

10:14 AM, 5th May 2020, About 4 years ago

Reply to the comment left by David at 05/05/2020 - 10:07
Thanks David. That was my thinking but the general consensus seems to differ

Rosanne Turvey

11:07 AM, 5th May 2020, About 4 years ago

Reply to the comment left by James Mann at 05/05/2020 - 09:30
Totally in agreement with you Veronica. I am in the same boat. All my tenants pay on time and have been with me for years. I have not increased any of my rents for years which means they are low for my area but I have always said 'better the devil you know' and any rent increase is completely negated if they move out.

Marcus A

11:22 AM, 5th May 2020, About 4 years ago

thank you all for your time and comments, it is greatly appreciated.

Graham Landlord

11:29 AM, 5th May 2020, About 4 years ago

It is this sort "Landlord" mindset that gets us all a bad name. 99% of Landlords would love a tenant that paid their rent and they didn’t go near the property for 11 years. “Perfect” Take the cost of the unreasonable damage you think the tenant is responsible for and divide it by the 132. That is the number of months he as paid you rent. What’s has it cost you? £3.75 a month! A bad tenant will be a real education. As they say, “You don’t know what you got till it’s gone”.


11:40 AM, 5th May 2020, About 4 years ago

Reply to the comment left by Graham Landlord at 05/05/2020 - 11:29
Unfortunately the mindset is landlords are doing exactly what the government want and falling under the jackboot. How many more fees etc are we expected to pay.Isnt it about fairness here and surely a half decent lawyer could present such a case in this way.If a landlord has taken the trouble to try to abide by the rules and offer a well presented property and create an independent inventory with even photos that should be enough.


12:02 PM, 5th May 2020, About 4 years ago

The general consensus seems to be the tenant has paid his rent so you should allow him to leave your property in a state of disrepair and return his deposit in full, even though you have proof to show you asked him to address the mould problem and he didn't.

You may not get it, but you are perfectly within your rights to ask your deposit protection company to deduct a sum to address the mould problem your tenant has caused. Provide all the correspondence and photos.

This is not unreasonable. Landlords have enough to worry about trying to provide tenants with somewhere to live, against the backdrop of increasing regulation and taxation, and the vast majority do their very best, often at their own expense.


14:47 PM, 5th May 2020, About 4 years ago

Reply to the comment left by Veronica Mitchell at 05/05/2020 - 09:44
I would not waste time in taking this further - DPS will not be in your favour particularly as the tenant has been in the property for so long, no legal claims, no eviction letters etc

Mike T

22:47 PM, 5th May 2020, About 4 years ago

Reply to the comment left by Graham Landlord at 05/05/2020 - 11:29
Graham, it's tenants like this that give Tenants a bad name ! If you want examples just ask you will be swamped with them. From my small portfolio of five properties, over the last 16 years I can give you at least 6 examples of so called good tenants that after years of my keeping rents low, thinking it was of mutual benefit, only to have them turn nasty and vindictive. I even had one claim that he had done me a favor when, on benefits and with children, a new boiler was available under the governments green deal. The boiler was 'free' but cost me £400 for extra installation costs. Six years later and on leaving the property in Sh*t order he claimed & got !!?? £1,800 for providing the boiler !! UNBELIEVABLE but true. The damm boiler was now so old it was out of guarantee. Lesson learned ? You bet. Keep rents up to date don't let years go by without raising them. By all means be fair, a tad below market value is good. Keep the property up to date, respond quickly to items that need attention. Remember we are not a charity. (little rant over). Regards

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