tenancy deposit. EA disappeared.

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Hi can you advise with regard to the following regarding my situation. The following questions apply to the same flat that i rent to a tenant:
1. I acquired my current tenant from an estate agent 5 years ago; the tenant paid the estate agent a fee that included a deposit that should then have been passed onto to me. Estate agent then disappeared so i never received it.
If the tenant moves out what will be my position with regard to the deposit.

2. I did not perform an inventory 5 years ago before the tenant moved in to my fully furnished flat. Over the years there has been damage throughout which in fact amount to more than the deposit. The tenant is demanding that furniture be replaced. In the absence of a formal inventory [and a deposit to ensure some care is taken with my furniture] can i leave the flat as is? What can you advise. Currently eviction is not an option.

3. I do have a list of items that was in the flat before renting it out. I have performed an inventory this month which is now an inventory of all damage to furnishings and fittings. The tenant also has replaced my furniture with her own and removed my furniture with out my permission into the garden where is has been destroyed by the rain etc. How can I best manage the situation now? Put in writing all the damages that I believe she has done despite no formal inventory?

4. The AST has been renewed every year with a new agreement. In it it is stated that there is no deposit . It was up for renewal in May 2007. A new agreement has not been signed; does the previous one follow on?
5. I have hesitated for several reasons for renewing the AST but at present not keen to evict. How should I amend the AST with regard to the matter of the lack of deposit?

05/07/2009 00:00

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