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Deductions from deposit re loss of future rent

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224 views 1 replies latest reply: 17 April 2016
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Tenant

I am guarantor for my daughter’s previous tenancy.  Landlord kept the £595 deposit and we have agreed to pay £300 on top of this to repair/clean property (circumstances were that she was forced to leave in a hurry and could not remove all her beloongings or clean properly).  I don’t have a problem with making good damage caused.  However the landlord is now claiming future loss of rent for the time it took to put the property in order.  We are disputing that tenant is responsible for loss of future rent because even after cleaning, the property remained empty for approx 3 months.  Surely she cannot be held responsible for the inability to secure a new tenant?  I feel I have acted reasonably in paying for all damage done but I think asking for future rent is unreasonable especially as no new tenant was waiting to go into the property.

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Service provider

Firstly, it is not often a tenant/guarantor pays over the claimed deposit amount at the end of a tenancy. Good for you to acknowledge the repairs which were needed to make the property good.

In regards to the loss of rent, the Landlord would need to provide sufficient evidence to suggest that the following things were met:

1) A tenant was delayed move in from DAY 1 after your Daughter’s tenancy ended. This means the next tenant had completed referencing, applications etc. and was ready to go.

2) The property could not be advertised due to the condition it had been left in.

3) The landlord completed the works as quickly as possible to ensure the property was ready to relet and to obviously minimise any loss of rent.

In case history the claims have usually always failed. The properties vacant period would usually be a foreseeable consequence of having to carry out repairs and would not deemed as a monetary loss by a Judge (Although there is always an exception).

In summary, as the whole deposit (plus some) has been claimed then the Landlord would have to claim a loss of rent through the courts. It would be upto them to then present this to the Judge. Plus depending on the total of three months rent the Landlord would have to pay upto £205 to progress this through the money claims court.

Hope this helps a little.

TenantAgent

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