A tenant has approached the Property Poser panel with an oft-repeated complaint about a landlord who has dealt improperly with his deposit.
The reader explains that he gave verbal notice to his landlord that he would be vacating the property, which the landlord duly accepted.
An inspection of the property followed but, when it came to returning the deposit, it turned out that the landlord had never deposited it in an interest-bearing account for the tenant’s benefit.
The landlord maintained that it was agreed upon in the lease that the monies were to be deposited in his own bank account and that the agreement did not specify more clearly where it should be held.
The way in which matters are set out in this agreement describes how they should be dealt with in the event of a dispute between the parties, says Radue.
“This is also why it’s so important to examine a lease agreement properly to ensure that it provides for most potential issues that may arise between the parties.”
Radue says one of the very typical clauses that appears in lease agreements, and in fact other agreements, is that any actions or omissions by any of the parties are not to be seen as an amendment to the terms and conditions contained in the written agreement.