# Damp in flat how long before I have to return the deposit?



## tvcabinet (19 Apr 2009)

Hi everyone I have a flat with a small structural problem. My tenants wish to leave fast and I don't have the deposit to give them straight away. I will give them their deposit. I only have a few days notice and they want to leave now. I just don't have it.
They are there less than 6 months
How long do I have before I have to give it to them?


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## K-Man (20 Apr 2009)

Do you have a lease in place with them - it should state it there ? If not, then I think that they can leave when they please.

Out of courtesy, they may give you some leeway ?


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## tvcabinet (20 Apr 2009)

K-Man said:


> Do you have a lease in place with them - it should state it there ? If not, then I think that they can leave when they please.
> 
> Out of courtesy, they may give you some leeway ?


 
As I said I have no intention of keeping their deposit. I'm just not like that. The lease says I get proper notice and that after they have moved out they get their deposit back not before. My problem is they want to leave early and my thought process is I should wait till the rental period is up before giving them their deposit back it will give me a chance to gather it. Since they gave me short notice I would be entitled to hold some of it back but I'm not like that I just want to know if I have to produce it before the rental period is up.


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## Berni (21 Apr 2009)

If they are moving because of damp and structural problems, that seems like a fair enough reason to break the lease early.  You certainly should not be thinking of keeping their deposit until the end of the year, what do you expect them to use for their next place?
The deposit wasn't your money to spend, it should have been put aside separately from your own funds. So it isn't the tenant's problem that you don't have it now.
I expect an overdraft or short term loan is your best bet to sort this out.


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## NHG (21 Apr 2009)

When I receive a deposit from a tenant, I reference it with their name (so that I can trace the lodgement easily) and lodge it to a deposit savings a/c so that it is there ready to hand back when they are leaving.

It was not yours to spend so it should be returned when they are handing you back the keys.


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## jwts (21 Apr 2009)

I put 'within 14 days' in the lease agreement for the return of the deposit. On receipt of the keys is too soon as you do need to check the property, and a quick inspection might not reveal breakages or soiled curtains. You also need time to check that the utilities are transferred and that the utilities have a forwarding address.

I would suggest that you arrange to meet them a few days after they move out and find the deposit somewhere. I assume that its a cashflow problem and that you still have equity. You are also going to have to finance the structural repair so you need to prepare a mini-business plan to sort the matter out are borrow the funds.

You may be entitled to hold the deposit because of the short notice, but only if the tenant has contributed to the damp problem - lack of ventilation or excessive heating or moisture. However if you have a leaky roof its not their fault.


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## tvcabinet (21 Apr 2009)

Berni said:


> If they are moving because of damp and structural problems, that seems like a fair enough reason to break the lease early. You certainly should not be thinking of keeping their deposit until the end of the year, what do you expect them to use for their next place?
> The deposit wasn't your money to spend, it should have been put aside separately from your own funds. So it isn't the tenant's problem that you don't have it now.
> I expect an overdraft or short term loan is your best bet to sort this out.


 
Hi Berni I'm not disputing their reasons nor am I going to hold on to any of their deposit I just want to know how long I have before I have to pay them their money.



tvcabinet said:


> As I said I have no intention of keeping their deposit. I'm just not like that. The lease says I get proper notice and that after they have moved out they get their deposit back not before. My problem is they want to leave early and my thought process is I should wait till the rental period is up before giving them their deposit back it will give me a chance to gather it. Since they gave me short notice I would be entitled to hold some of it back but I'm not like that I just want to know if I have to produce it before the rental period is up.


 
Sorry I should have specified:- rental month instead end of lease period.



NHG said:


> When I receive a deposit from a tenant, I reference it with their name (so that I can trace the lodgement easily) and lodge it to a deposit savings a/c so that it is there ready to hand back when they are leaving.
> 
> It was not yours to spend so it should be returned when they are handing you back the keys.


 
What I usually do is keep the last months rent to fund the deposit and then it is ready to be given back to them but since they have given me notice in the middle of the month that's very difficult don't you think.
I would never again give a tenant their deposit back on the door step when they are handing the keys back did it once and never again.



jwts said:


> I put 'within 14 days' in the lease agreement for the return of the deposit. On receipt of the keys is too soon as you do need to check the property, and a quick inspection might not reveal breakages or soiled curtains. You also need time to check that the utilities are transferred and that the utilities have a forwarding address.
> 
> I would suggest that you arrange to meet them a few days after they move out and find the deposit somewhere. I assume that its a cashflow problem and that you still have equity. You are also going to have to finance the structural repair so you need to prepare a mini-business plan to sort the matter out are borrow the funds.
> 
> You may be entitled to hold the deposit because of the short notice, but only if the tenant has contributed to the damp problem - lack of ventilation or excessive heating or moisture. However if you have a leaky roof its not their fault.


 
Problem is lack of ventilation, not from a lack of vents but from them being closed. I have called there several times and told them this.


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## cleverclogs7 (21 Apr 2009)

30days as far as i remember.


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## minion (25 Apr 2009)

tvcabinet said:


> Problem is lack of ventilation, not from a lack of vents but from them being closed. I have called there several times and told them this.



Then its not structural.
Its their fault.  They arent actually entitled to break the lease then.
And they have damaged your property.
All apartments should have a device called a "flatmaster 2000" that the tenant cant turn off.  Google it.


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## Caveat (27 Apr 2009)

I get the impression that there is more to this story than we are being told.  

The OP talks about a "small structural problem" and about how they s/he doesn't object to the tenants reasons for leaving (and leaving fast)   - but then goes on to say that the problem is caused by lack of ventilation and that the tenants were advised of this.

Something doesn't sound right to me.


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## tvcabinet (27 Apr 2009)

Caveat said:


> I get the impression that there is more to this story than we are being told.
> 
> The OP talks about a "small structural problem" and about how they s/he doesn't object to the tenants reasons for leaving (and leaving fast) - but then goes on to say that the problem is caused by lack of ventilation and that the tenants were advised of this.
> 
> Something doesn't sound right to me.


 
Hi Caveat, thank you for responding. There is always more to a story but since I have no desire to be recognised I have left bits of the story out. I don't doubt that if I gave the complete story I'd get different answers but what I'm mainly interestred in is how long can I wait before I must give them their deposit back. Nothing more.
I used to rent and know how bad some landlords can be so when someone wants to leave my flat I don't hold them back. I have never held onto a deposit but should have a couple of times.
Thanks for all the replies


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## Caveat (27 Apr 2009)

OK, fair enough tvcabinet.


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