Landlord keeping bond for drawing up new contracts can he do this.

[anastasia74]

Hi

Daughter has just moved out of student flat.

She has got a new girl to replace her as the landlord told her to do and therefore take over the remainder of the contract.

She has just been told she will not be getting her bond back. (£200)Not because of any damage to her room in the student house but because of the fact that new contracts have had to be drawn up and the money is to cover costs relating to this admin work.

Can the landlord do this.

It seems very dodgy practice to me. thanks for any help.

what does her contract state the bond money covers? i assume this is a private landlord? yes seems v dodgy to me. maybe a call to CAB to check out the legal side? did she give appropriate written notice even though she got someone else in?

I've just checked landlords website and they do deposit the bond in a protection scheme. Thought if they were part of these they had to be ethical.

Also, they took £45 initially for admin costs then charged her £200 on top of that.

So mad.

Yes a visit to CAB definately.

Thanks

i'm not 100% sure but if you nip to your nearest big bookshop there are books on what people can and can't legally get away with relating to renting, that may be worth a look?
admin costs are usually separate to a security deposit/ bond money as they are used for totally different things. i think your daughter needs to pull out al the paperwork she has that relates to this too and really read the small print.

Yes, will do thanks.

I am so annoyed, these people make so much money out of the poor students who get themselves into so much debt.

i know, still at least its only 200 not 1000. things obviously haven't changed much since i was a student

Surely the new girl has to pay a bond?

So your DD gets her bond back, the new girl pays the new bond... If there are contract charges it comes out of the proceeds of the rent, surely?

Can you call around other similar letting agents and see what they do in similar circumstances... smells off to me..

CAB and shelter btw... get in touch with them

just refer it to the tds ombudsman

he will decide

if she's left before the end of the lease then she's costing the landlord money so it's fair enough

however, the tds agreement might only (if she's lucky) cover dilapidation and not breaches of contract, in which case, the ombudman should see you right

but she must refer it: dispute the charge and refer it

question is, is she leaving before she's allowed to by the tenancy agreement?

if she isn't then the landlord is bang out of order

was there a break clause?

IIRC, you are allowed to deduct for all reasonable damage, outside normal wear and tear... I don't think that the LL can charge document costs. The deposit is a security deposit to cover any potential damage, not to cover administration costs.

Having recently thumped it big time to the scumbag that was my LL successfully appealed to the dispute service, I recall them telling me the following:

That it is the responsibility of the LL to prove with sufficient evidence the nature of any claim against the deposit held, if they are unable to do so, then they will be unsuccessful.

Call up the deposit service, call CAB and call Shelter, you will have perfect advice. Don't forget the deposit scheme is in existence precisely to stop vulnerable tenants being fleeced.

Am willing to bet that LL is assuming that tenant won't have strength to take them on, and parents will just waive it as cost of rental....

it costs nothing to refer to tds ombudsman op

misshissy: it's the landlord who needs the strength to fight it really -- she's losing nothing, all she has to do is say no, I don't agree, it's referred, then the ombdusman looks at the facts, viz, does the tds cover non-dilapidation costs, and did the tenant breach the tenancy agreement, then he'll decide

if nothing more it will irritate the ll and make him wait

Thanks for all the advice on this.

I have ranted spoken to the landlord. He says he doesnt want to fall out. Big of him. and as it was circumstances that prevented her from getting a place at uni therefore having to leave. and not a change of mind etc. He has some discretion and will refund 50%.

Not sure what to do. If I except money he's getting away with this his dodgy practices.

Would I be able to accept his 50% and then still refer him to ombudsman.

Also,

He kept insisting when I spoke to him that in the contract it does state something about any admin costs etc etc. but dd can't find her copy yet.

Call the Deposit people, and please talk to CAB, they will contact shelter on your behalf and advise you.

Have a look on Landlordzone too, it's a brilliant forum, very knowledgeable and helpful

who paid for the contracts to be drawn up the fist time around? If she did, then the new tenant pays it, nowt to do with your DD.

Don't accept anything until you have sought legal advice.

I would say that when the letting period has expired, then, if there is no damage your DD should get a full refund of the deposit. Drawing up a contract is outwith the deposit scheme.

#200 seems very steep for changing a name on a contract (and presumably he is charging the new tenant for admin as well). Most TDSs just ask for you to write in to their own administrators if there is a dispute and they arbitrate it - it should say which one he used on the contract.

Thanks again everyone. Will let you know how it goes next week.