Returning deposit to tenants - subletting

[caoilann]

Hi all

I am due to move back inot my property after letting for a year. I ahve an issue as regards the tenants.

I was told that there was two parents and 2 children when signing the lease. After a month or so I was told there was a younger brother of the father also there, only becuase my neighbour saw him and I question the tenant. I was annoyed and made it clear that that was not the agreement but I finally agreed it was ok. I was not told he had any family. It had now come ot my attention that there are in fact 8 people living in my house. Two entire families. Two sets of parents, each with 2 children.

I am annoyed and concerned as to the depreciation this will have on the house and am considering deducting a large portion of the deposit because of this?

Has anyone any experience of how best to handle this? or any opinions?

Much appreciated

Caoillann

 

[millieforbes]

Are the tenants still there? When do you want to move back in?

You should arrange to inspect the house and if it is not in an acceptable state you can deduct from the deposit for any repairs etc that are needed

 

[oldnick]

I've learnt to emphasise this point in my "contract" (which is basically just a letter outlining some points. If they are not fluent in English I translate it in the language of the occupants because this behaviour not uncommon amongst foreign tenants. I also tell them it's against the law, insurance won't allow it etc etc.

At the end of the day ,however, if the tenants are reasonably clean,tidy and pay promptly - and there is no noticeable damage - I wouldn't fight over the deposit.

Anyway, were they foreign ?

 

[Armada]

Maybe slightly OT but I always specify the number of people who are to reside in the house in the lease upon signing (those who permanently live there as opposed to visitors)

With most tenanted properties insurances you now have to specify this for insurance purposes anyway and also the PRTB require it. Insurance seems to differ for family units as opposed to say 4 friends sharing a house. Normally the policy for sharing states that the number of tenants is not to be greater than the number of bedrooms in the property.

This condition also is inclined to stop all the extras piling in as technically they are breaking the lease (for what its worth!!) and could cause them to lose the property and ultimately their deposit.

 

[facetious]

Basically, in order to justifiably retain the deposit/portion of deposit you have to prove that you have suffered financial loss. Extra people above those stated in a lease may cause extra wear and tear.

Did you do a complete detailed inventory of the property stating the condition of floors, walls, furniture (room by room), paint work etc?. Was it signed by the tenant? Failure to do this basic requirement may invalidate any claims with the PRTB you may have for retaining any of the deposit as you have no evidence of the condition of the property at the end of the tenancy as opposed to the start of the tenancy.

You do realise that the tenants have no obligation to move out at the end of a fixed term lease, should they wish to remain, as they have acquired Part 4 rights to remain in residence for a total of 4 years before a new agreement could come into force. They may remain without signing any new lease which then becomes a Part 4 tenancy.

 

[elcato]

If they have agreed to leave (you have given notice ?) then just meet up on the last day and make a general inspection. I would be inclined to be happy to get rid of them amicably and move on even if it looks like the place has been over 'worn and torn'. At the end of the day the PRTB will most likely side in their favour if you try to withold deposits.