11:58 AM, 11th October 2013, About 10 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