CAB giving tenant stupid advice?

I always say that if they sign a release all costs stop then, this usually is enough incentive, but I always charge 295.00 relet fee if contract cut short, it is written as such in red on the contract. But as another point, nearly all the problems we see on here relate to deposits, this is the reason we do not take any, preferring a fee instead, as this is non refundable, and clearly stated as such, there is no need to protect, and it pays for cleaning and any minor damage, much simpler, no arguments, money already in bank, and no risk of having to pay 3x deposit back if any admin error made, and if a tenant leaves early we charge them a relet fee and get another fee from next tenant, happy days, the depositi system in my opinion is broken, not fit for purpose, as is why we do not use it.

I would respond saying

" The property was inspected prior to your occupation and there were no damp patches. None of my previous tenants have complained of dampness or damp patches. You moved in on xx date and made no complaint about the damp patch whatsoever until xxx. It is common knowledge that lifestyle is the major cause of condensation which turns into dampness when the room is not properly ventilated. I strongly suspect this is the case here.

Please see Item 4 on this page:- http://www.gosport.gov.uk/sections/your-council/council-services/housing/council-tenants/repairs-maintenance/damp-mould-condensation/ (just one of many web pages covering damp problems).

I am a perfectly reasonable landlord and deserve to be given the opportunity to investigate the problem and carry out whatever remedial work is required, which I will happily do.

If you are not prepared to allow me to do so you are acting unreasonably and will be in breach of your Assured Shorthold Agreement if you leave the property without my agreement. I do not accept being told what I should or should not accept just because it suits you.

I will move to retain your entire deposit if you do leave the property in advance of you official AST end date unless you are prepared to behave reasonably and agree to a mutually acceptable, negotiated end to our agreement and to this end I propose calling at the property on xx day at xx time to examine the problem and to discuss a way forward for both of us."

Then go and see the little **** and record everything said - I'll bet he won't be half as aggressive face to face. Make an agreement on the spot, get him to sign his acceptance and move on.

Well, this is what I would do, I would respond saying

" The property was inspected prior to your occupation and there were no damp patches. None of my previous tenants have complained of dampness or damp patches. You moved in on xx date and made no complaint about the damp patch whatsoever until xxx. It is common knowledge that lifestyle is the major cause of condensation which turns into dampness when the room is not properly ventilated. It is extremely likely that as in 95% of cases, this is the case here.

Please see Item 4 on this page:- http://www.gosport.gov.uk/sections/your-council/council-services/housing/council-tenants/repairs-maintenance/damp-mould-condensation/ (just one of many web pages covering damp problems).

I am a perfectly reasonable landlord and deserve to be given the opportunity to investigate the problem and carry out whatever remedial work is required, which I will happily do without being threatened. If you are not prepared to allow me to do so you are clearly acting unreasonably and will be in breach of your Assured Shorthold Agreement if you leave the property without my written agreement or acceptance. I do not accept being told what I should or should not accept just because it suits you.

I will move to retain your entire deposit if you do leave the property in advance of your official AST end date unless you are prepared to behave reasonably and agree to a mutually acceptable, negotiated end to our agreement and to this end I propose calling at the property on xx day at xx time to examine the problem and to discuss a way forward for both of us. If this is not suitable then please contact me by return on xxxxxxxx to arrange an alternative date & time. If I do not hear from you I will assume the above is acceptable"

Then I'd go and see the little ****, ideally with a witness and record everything said. I'll bet he won't be half as aggressive face to face. I'd then make a written agreement on the spot, sign it, get him to sign his acceptance and move on.

Good luck,

R

what an excellent response from r01

Reply to the comment left by "Romain " at "03/09/2014 - 15:06":

Thanks Romain. I understand it now. You really do learn something new every day in this business!

Reply to the comment left by "Romain " at "03/09/2014 - 15:06":

Hi Romain

Thanks also from me. I thought I understood it but now realise I didn't. I think I've got it now.

Hopefully I will never need this knowledge other than to share with others! 🙂
.

I advise both tenants and Landlords if there is a "damp" issue to get a free independant damp survey done, usually once someelse tells them its condenstaion they go rather quiet.
Im sure Mark will edit this post if im not allowed to name drop i usually recommend Kenwood Damp they are nation wide and the report is very detailed

Here we have a further rant - he seems a very angry young man. Suspect he's run out of money and wants out because of it ...

"I went back to citezens advice and told them the arrangement we had and I've bin told not to sign the end of tenancy form unless I get my full deposit back meaning the whole 580 as I've showed them the most recent pictures of the damp and mould and I have the right to pursue you for intentional bodily harm as the room is not humanly safe to sleep in and after you deciding screw me about today if I do not have the 580 in my account this evening I will not sign the end of tenancy and you will have to take me to court and with the evidence I have I have a good case and stand Rolfe chance of getting back all of my money from the tenancy"

If he wont sign the end of tenancy I am thinking I ought not release the deposit really ...? Equally, unless he signs it, he is liable for rent up until25 November whgich is the end of his six months...! Correct? As I thought he was going to be out yesterday I was taking round some potential new tenants tomorrow, but suspect he will still be there.

Any further advice..?

maybe take a shotgun ha ha

Reply to the comment left by "Mark Alexander" at "03/09/2014 - 09:46":

Sue for Mesne Profits, Yes - but Double Rent !
Me thinks there isn't a county court in the land that would award that.
Anyone have any examples to challenge this ?
Chris