(Who)IBU? Me, Dsis or tenant?

[GoYourOwnWay]

NC because i'll obviously be outed.

My Dsis rents a property which is a studio flat meant for only one person. In the past she has had a couple living there which goes against the contract rules but so be it.

The contract states that you cannot smoke in the apartment and u have to give 3 months notice if you intend to leave. The last person living there (single student) clearly smoked in the apartment as the walls had gone yellow and my Dsis caught her smoking (admittedly not in the apartment itself but just by the door when a new tenant was coming to inspect the place). And also, said tenant had not given her three months notice but 1 week notice that she was leaving.

At the final inspection my Dsis told her vocally (i.e. nothing written down) that she would refund the woman's deposit which is in the region of £800.

Now this woman (student) is arguing that Dsis has to give back the deposit as she verbally said she would. But Dsis is arguing that nothing was signed r.e final exit check and this woman broke the original contract anyway (Not enough notice and she smoked.)

I'm thinking that as Dsis had told her she would refund deposit she should still refund at least some of it but at the same time I realise the woman had broken the contract.

Just want to know who is in the right as I can't believe Dsis would steal from a student who already doesn't probably have enough money to buy a bottle of water!

[BOFster]

She can withhold enough to redecorate. Was the deposit held by an official scheme?

[MrsSchadenfreude]

The contract sounds illegal. For an assured shorthold tenancy, it's usually 2 months notice for landlord to give tenant and one month for tenant to give landlord. And the deposit should have been protected in a deposit protection scheme.

[Suefla62]

Your sister isn't "stealing". No way I'd give deposit back with only one weeks notice. Student has broken contract (in multiple ways) doesn't deserve deposit back.

[AlternativeTentacles]

Is the deposit in a secure deposit scheme?

[GoYourOwnWay]

Bof & MrsS the deposit went into the landlords personal account. No intermediary.

[AlternativeTentacles]

So not into a deposit scheme then?

Cool. The tenant can put a claim in for 3 x the deposit amount.

[SweetValentine]

Your sister is in deep shit for not holding deposit with a third party. If the tenant finds out your sister owes something like 3x the deposit by way of a fine.

I suggest she repays tenant in full, sugar soaps the walls and repaints.

[bbcessex]

It is illegal to hold the deposit in the Landlord's account, so your DSis is breaking the law there. It is also usually 2 months notice, not 3 - as another poster has said.

Why did she say she would refund the deposit? She clearly knew that the correct notice hadn't been given.

The above aside; I don't think she is beholden to refund the full deposit if there was damage to the property and notice not given.

[Damnautocorrect]

Your sister should give the tenant the deposit back. If she'd held it in the deposit account than she would have a case.
She could be fined so it will be cheaper to give the deposit back.
I think your sister needs to brush up on her landlord rules

[SweetValentine]

And does it properly next time

[Quangle]

You can hold a deposit in a landlords account. But it has to be registered afaik.

[Crazyqueenofthecatladies]

Regardless of the tenants failure to stick to the contract, which sucks, your sister has broken the law by failing to put the deposit in a gov registered scheme. The automatic fine, regardless of what the tenant has done, is to refund her three times her damage deposit. If I were your sister I would quit while I was ahead, suck it up, and try to be a better - or frankly even legal - landlady next time. Three times the deposit is likely to be significantly more than a couple of £20 cans of paint.

[sunniest]

i think Dsis should tread carefully, if your tennant is clued up she could take her to court for failing to protect the deposit and Dsis could end up paying 3xdeposit. See //www.gov.uk/tenancy-deposit-protection

[londonrach]

Your dsis have behaved illegally as not given the right amount of notice and more important not registering the deposit. Thats illegal!!!!!!! She risks 3x the deposit back. Shes lucky her tenant doesnt take her to court. Tell her to give full deposit back! www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

[Alisvolatpropiis]

I'd give the deposit back if I were your sister and quietly let the tenant go.

Also she needs to do it properly in future.

[FenellaFellorick]

The deposit must have been held in a scheme or your sister could end up massively out of pocket! Isn't it 3x the deposit you have to pay out?

She needs to find out what she is and is not legally entitled to deduct from the deposit.

[FenellaFellorick]

oh, xpost - then your sister is in deep, deep shit.

She has acted illegally.

[CupidStuntSurvivor]

Your Dsis needs to refund her. If she'd held the deposit in a scheme, I'd be saying differently but if the tenant has the sense to Google about landlords not returning deposits, your Dsis could find herself up the creek without a paddle.

[Feckeggblue]

What everyone said re the deposit not being registered- your sister is liable to pay x3 this in compensation

The notice isn't related to the deposit. The deposit is for damage. You can't withhold deposit for incorrect notice

Finally you can't actually stop someone smoking in a rental house. You just have to suck it up. If their fags caused damage then they should put it right or pay to put it right out of their deposit, but your contract saying they can't do it is not legally enforceable

No offence, but your sister doesn't seem to know much about being a LL

[specialsubject]

assuming this is England and Wales; by not protecting the deposit your sister has forfeited most of her rights. She can't even issue a valid eviction notice.

too late to protect the deposit, it must be refunded in full.

the place will need serious cleaning to clear the reek, but that's too bad; getting it wrong as a landlord blows all comebacks.

not a business for amateurs.

I'm a landlord FYI.

[UmizoomiThis]

No you're sister isn't going to have to pay 3x the amount because that is the maximum amount awarded by a judge and the judge wouldn't award the max as the tenant has also broken the terms of the contract and caused damage. Of course the LL can hold the deposit in his/her account - what rubbish! It just needs to be registered with a deposit protection scheme (LL needs to pay an annual fee per each contract).

[specialsubject]

indeed. The impression is that this has not been done. If the deposit is protected then the landlord can evict and make a claim for damages.

OP?

[Legslabelle]

As Quangle said, the deposit can be registered whilst being held in the landlords own account. Depends which deposit scheme is being used, there are several.

[EhricLovesTheBhrothers]

Does your sister have the first fucking clue about tenancy law and her legal obligations as a landlord?
1- she can't stipulate the tenant gives 3 months notice. She can put it in the tenancy agreement but it's not enforceable. 1 month for the tenant is usual.
2- she's broken the law by not protecting the deposit in an approved scheme
3- she can't withhold the deposit because she believes the tenant has been smoking. She may be able to withhold enough to pay for reprinting if she has a schedule of condition showing that the walls were not stained yellow when the tenant moved in. That has to be evidenced, she can't just withhold deposit because the tenant broke the agreement.

However, if the tenant didn't give proper notice (1 month, not 3 by the way) she can withhold the final rent owing from the deposit.

This is all moot though, she failed to protect the deposit so she can't withhold anything and she could be liable for 3x the deposit. Idiot.