Tenant trashed my apartment & refuses to forfeit bond

Five months ago the tenant left our apt. in UK. to return to France (French Banker and smoker!!)

She left the place in a terrible state, and we felt we were in a position to claim the bond which is held by our mutual Real Estate Agents.

The Tenant refuses to part with her bond, (she wants it back, claiming its hers, and the state of the apt., was just normal wear and tear (ha, the joke of the century.)

The Agent will not hand over the bond money to us, as there is conflict with the ex tenant.

What to do?

did you agree a schedule of condition at the beginning of the tenancy? Did you meet with tenant at the end to agree the condition? What is your agreement with the agency? On what terms do they hold the bond? Is there a dispute resolution clause in the agreement? How much has it cost to put the apartment in good condition? Is that less/more than the bond?

Some good points there, CM. ShirlyR - unless it cost you an arm and a leg to put things right (and some landlords are, shall we say, hypersensitive about any little thing), I would send her the invoice/estimate detailing the damage done and cost and, without prejudice, suggest you just split the bond equally. Otherwise, there is a simple impasse with neither of you getting your hands money. She is abroad and probably not worth pursuing. And, for goodness sake, don't go to law - time-consuming, expensive, risky.....Just chalk this up to experience and get a schedule of condition next time.

Thank you two sooo very much for your advice.

Christina: In answer to (1) Yes (2) No

To explain as simply as I can.

She fronted up as a great tenant - wonderful references, holding a senior position, paid on time - so we were .........complacent, I suppose. We had no reason to feel

uneasy with her and her tenancy.

She was friendly with all in the block (a very very social apartment block in London,) and was on e x t r e m e l y good terms with a mutual friend/caretaker.

We've had some amazing parties there as well with everyone, we all get on so well.

The agents were with her when she left...(supposedly) I doubt this now VERY much or they must have been wearing blindfolds.

I won't go into all and sundry, but let me just say, when I flew in for a clean up, as I do each time...I was devastated. The worst for me was the water damaged floor in the kitchen, with the vinyl tiles (you know the black and white checkerboard pattern) all lifting up, and the flooring beneath all soaky and water still seeping in from some broken pipe or other. I could go on, but it is really upsetting.

EG..my beautiful Japanese u-kyoe from the living room were tacked up on the walls in the .....wait for it.........bathroom.........YE GODS!!

Yes, we sent her an invoice of everything, receipts etc., and yes, the overall clean up cost one thousand five hundred pounds more than the bond to get things straight, - (I nearly went demented, trying to work my way 'round scammy London, ) One painter quoted a King's ransom to paint the living room. It was a bloody nightmare, sofa had to be cleaned, (dry cleaners F'd up.) then had to be re upholstered.

Got back to Hong Kong totally shattered vowing and declaring I would do things better next time.

Thanks Foxmulder, I think I'll take your advice, and go halves, and certainly wouldn't call in the legal eagles. They are scam worse than London plumbers.

Another point in closing, will certainly "chalk this up...etc..."

Once again, many thanks.