11:58 AM, 11th October 2013, About 8 years ago 16
I would like help please with legal clarification over whether I have to legally return rent paid in advance by a tenant. An independent professional inventory clerk has confirmed the tenant is liable for damage and the deposit and rent held is not sufficient to cover the damage.
My tenant has paid me rent 6 months in advance through a managing agent over the last three years. The tenancy agreement was from 24 May 2013 to 23 May 2014.
Four months into this period the tenant decided to move on, and I am holding 2 months of rent and deposit. At the start of the tenancy agreement we agreed that an independent professional inventory would be done by an independent professional company.
The checkout report provided highlighted a number of issues, resulting in costs in excess of the rent and deposit I am holding. The tenant wants me to refund this amount but I am in the process of taking legal action through the small claims court.
I would be grateful if anyone could confirm whether I could hold onto the rent and deposit until the court case?
Many thanks Raj
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|