This is a question to the blog clinic from Gareth who is a landlord in England.
My tenant only fulfilled 7 months of a 12-month lease, citing personal problems for having to break the lease.
The property was left in an unfit state for re-lease. Upon request the tenant did return to clean up/remove some items, but we still have repairs/expenses.
They broke into a shed and kept a dog on the property without our knowledge.
We are holding a bond with the DPS. What is my legal position? I believe I am within my right to hold money from the bond for repairs but can I withhold money for loss of rent?
Answer
What you are entitled to deduct really depends on the relevant clause in your tenancy agreement. So check this.
All tenancy agreements should have a clause somewhere which sets out what things you are entitled to deduct from the deposit.
The clauses often go into some detail although the main thing is that they should say you can claim for losses/damages due to breach of contract. Failure to pay rent is a breach of contract.
But assuming you have a properly drafted tenancy agreement, it sounds as if you can make deductions for the damage caused.
The ultimate decision, though, will be down to the DPS tenancy deposit scheme adjudicator if your tenant challenges any deductions.
So, whatever you charge, make sure you can back it up with evidence, such as repair invoices and cleaning bills.
Note that you cannot claim for them just having a dog, only if it caused damage which you have to pay for. If they caused damage to the shed when breaking in you should be able to claim for repairs costs.