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How much of our ‘damage’ can be put down to general wear and tear?

73 replies

FolsomPrisonBlues · 27/05/2021 10:06

We’re moving this weekend from our 2 bed flat which we’ve been living in for over 4 and a half years.

For context/background - We’ve raised three dc in this flat (3 boys all currently 4 and under) and have always tried our best to keep the flat in as good condition as we feasibly could. Whenever our landlady came round, she was always so pleased at how lovely our home looked, and she’s forever singing our praises for being great tenants. However, there are some damages and now I’m weary of losing deposit money.

The damages are as follows -

There is a small tear (around 2 inches) in the lino flooring of our kitchen. This happened when we tried moving our fridge freezer to defrost it. The Lino in the kitchen isn’t fitted properly. It’s basically been cut to size and just plonked down. None of the edges are secure, none of it is glued down, meaning if you Hoover the corners of the room (for example) the hoover lifts up the Lino, so I feel like rips and tears were somewhat inevitable in the kitchen given the Lino moves about!

Some of the carpet in our lounge has badly frayed. Again, the carpet isn’t fitted, it’s just cut and thrown down, not fixed or fitted under any of the skirting boards or door tread.
When our first dc learnt to crawl, he was fascinated by the little fibres poking up by the door tread, and unfortunately he pulled on quite a lot of them, despite my best efforts to stop him. I did trim the frayed pieces, but frays are frays and once things start to fray, it's hard to stop them from fraying further.
I did contact the property management company at the time (and also addressed it at each and every property inspection), as where the carpet isn’t actually fitted, you can lift entire areas up, revealing (essentially useless and pointless) carpet grips - which also aren’t glued or tacked down - and I was worried about my DC’s hurting themselves on the sharp grips. Nothing ever got done about it, so of course, several years later (and 2 more DC’s later) the fraying is quite bad around some of the carpets edges.

A tile on a ledge at the back of our bath has broken - the mastic was never properly done, so if you so much as put a fragment of pressure on the tiles, you’d hear them creaking and crunching. I don’t actually know how the tile came to crack, I can only assume it’s from where my DC’s play on the little ledge during bath time with their bath toys, but to be honest, I’m quite surprised more haven’t broken given how loose they all feel.

Some of the skirting boards have succumbed to splits and chips due to water damage. We’ve always had a big mould problem in this flat, and no matter how hard I tried to stop the mould growing, every winter it came back with a vengeance, meaning the vast majority of our walls would be dripping wet and covered in fluffy mould. Obviously because the walls were wet, the water would soak in to the skirting boards! I’ve tried my best to paint over the cracks and splits, but it is quite noticeable that I’ve attempted to sort it out myself.

We’ve used baby gates across several rooms in the flat - the lounge, the top of the stairs and our DC’s bedroom. The pressure from the baby gates has left quite large ‘dents’ (for lack of a better word!) in the door frames and removed the glossy painting of the wood. Again, I’ve tried painting over it, but you can still see the dents.

The grill part of our oven no longer works. It wasn’t damaged, it just literally stopped working one day. I contacted the property management twice a week for nearly 3 weeks before finally getting a reply that they’d pass my details on to a contractor who will fix it. The contractor never called or emailed me, despite the property management saying that he did.

We’re desperately hoping to get all of our deposit money back, but I don’t know whether the things I’ve listed above, will compromise us.

Do you think we risk losing any money?

OP posts:
LondonStone · 27/05/2021 13:03

Our hallway was tiled in beautiful geometric tiles but they weren’t fitted well, they always crunched underfoot, and eventually started cracking. We reported it multiple times and nothing was done about it. Didn’t affect our deposit.

I wouldn’t think the dents will be noticeable, especially with a fresh lick of paint.

Carpet seems like wear and tear, especially if it’s not fitted properly.

Mould is not your fault. Landlords will kick and scream about mould and condensation but I fought a landlord over mould issues a few years ago and it was found firmly in my favour. Landlords never want you to dry clothes inside but provide no dryer. They expect you to sit and sleep with windows in -3° weather. Do you have actual mushrooms growing out of your wall? Definitely the your fault, not their shoddy house.

Lino is probably be damage, should have been reported when it happened but considering it’s not fitted correctly, I’d argue either way. Potentially might lose something there.

shewalkslikerihanna · 27/05/2021 13:19

@RosaBudDrood
Jesus!
Cant believe your response
My Dd, dh and three children lived there and had no issues because they ventilated it and didn’t run it like a sauna
The previous owners put vent tiles In The roof and roof insulation is kept away from the eaves to let the house breathe.
There’s also vents in the structure of the building.

Believe me if it was a house problem, she’d. Be over it like a rash
New tenants have been in 3 months and this woman is obsessive about a nice house
She’d soon tell us if there was a problem

So yes, sometimes it is the tenants fault but from what the op is saying, I don’t think it is

shewalkslikerihanna · 27/05/2021 13:21

@LondonStone

Our hallway was tiled in beautiful geometric tiles but they weren’t fitted well, they always crunched underfoot, and eventually started cracking. We reported it multiple times and nothing was done about it. Didn’t affect our deposit.

I wouldn’t think the dents will be noticeable, especially with a fresh lick of paint.

Carpet seems like wear and tear, especially if it’s not fitted properly.

Mould is not your fault. Landlords will kick and scream about mould and condensation but I fought a landlord over mould issues a few years ago and it was found firmly in my favour. Landlords never want you to dry clothes inside but provide no dryer. They expect you to sit and sleep with windows in -3° weather. Do you have actual mushrooms growing out of your wall? Definitely the your fault, not their shoddy house.

Lino is probably be damage, should have been reported when it happened but considering it’s not fitted correctly, I’d argue either way. Potentially might lose something there.

Provide no dryer?

We provide nothing , unless it’s inbuilt like a fridge or cooker.
Oh yes , dds tenants damaged the fridge ..so she got a new one of those as well.

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RosaBudDrood · 27/05/2021 13:26

Mould is not your fault. Landlords will kick and scream about mould and condensation but I fought a landlord over mould issues a few years ago and it was found firmly in my favour. Landlords never want you to dry clothes inside but provide no dryer. They expect you to sit and sleep with windows in -3° weather. Do you have actual mushrooms growing out of your wall? Definitely the your fault, not their shoddy house

Absolutely this.

FolsomPrisonBlues · 27/05/2021 13:34

@LondonStone we had a mixture of white fluffy mould, and dark green almost black mould. The black mould would be higher up the walls, in corners and on parts of ceilings, the white fluffy mould would grow midway down the walls and around the skirting boards. The mould was so bad on one particular wall in my kids room, that at least twice a week I had to spray the entire wall with mould spray and change out the disposable dehumidifiers every other week!

OP posts:
ItMustBeBedtimeSurely · 27/05/2021 13:36

If she tries to charge you for damage don’t get in a discussion with her, just go straight to the deposit protection service. It sounds like most of the flooring/ tiling is at the end of its lifespan anyway so she won’t be able to charge you.

And for what’s it’s worth it doesn’t sound like you’ve done anything wrong really, just lived in the house. UK landlords are often unreasonable about wear and tear but ultimately the law is on your side.

CrazyNeighbour · 27/05/2021 13:37

This reply has been deleted

Message withdrawn at poster's request.

3Britnee · 27/05/2021 13:55

You sound like a proper cheeky fucker to me, op.

SunnySideDownBriefly · 27/05/2021 14:00

Ex-landlord here!

I think your only question mark is over the Lino. One of your pictures shows the edge of a doorframe that looks like it has been repainted many times over the years and has taken a lot of wear and tear - if your baby gate were on doorframes that look similar to this then I wouldn't think you've got a problem. Or were the doorframes immaculate when you moved in?

Also, you should not have been living in a house with such a severe mould problem. It can be severely detrimental to your health and, to be honest, the landlord owes you for living with that and still paying full rent.

I don't think you're going to have a problem unless it's the agency that do your sign-out. And if they try to be difficult then go straight to the Landlord to explain everything you have said here. If she doesn't like it then I'd go next level with the mould issue - keep that back in case you need it. I have a feeling your Landlord will accept that things were done shoddily and she will have to spend a little to get it shipshape after four years.

FolsomPrisonBlues · 27/05/2021 14:08

@SunnySideDownBriefly virtually everything has been repainted over multiple times in this flat, by the looks of it (as in, by the landlady, not by me!).

The vast majority of the skirting boards and door frames have thick built up layers of paint on them. All the walls are wallpapered, but they're painted over too!

OP posts:
FolsomPrisonBlues · 27/05/2021 14:14

@3Britnee please feel free to elaborate!

OP posts:
SunnySideDownBriefly · 27/05/2021 14:14

In that case, I don't think you've got anything to worry about and well done for coping with it all for this long! Your Landlady sounds like a nice person so keep chilled and know that you've done all you can to repair bits and pieces but have the option to go nuclear if needed!

Fingers crossed for you. It's always nerve-wracking when you move out of somewhere. We moved out after 6 years and the place looked (in my eyes) awful when we'd cleaned up and moved all our stuff out. But we had kept on trying to get the Landlord to fix things over the years and it was a state when we moved in. He was absolutely fine and unbothered about it all and it was similar stuff to you.

Embracelife · 27/05/2021 14:18

If you clean it thoroughly and paint refresh any stains I am sure whoever inspects will be fine.

If you leave loads of rubbish lying around and black marks everywhere they going to find fault

Seems wear and tear to me
Frayed edges of carper are not your fault

Leave it very clean and tidy
Then I'd she tries to claim take it up with deposit scheme
No need to point out things in advance unless you already reported

Dotoallasyouwouldbedoneby · 27/05/2021 14:51

[quote FolsomPrisonBlues]@loopylou3030 it's taken us a year to get the money together to move out! Believe it or not, finding thousands of pounds to move out isn't that simple.
What's more, our contract states that if we move out before our tenancy was supposed to end, we'd be liable to continue paying rent on this property until the landlord found new tenants. Funnily enough, we've never been in a position to afford to cancel our tenancy early, continue paying rent on this property as well as paying rent on the new one. [/quote]
I wish you all the best in your new home OP Flowers. There are decent landlords out there; but many who expect people to pay top dollar for substandard homes. Those carpet-fitting photos are dire and look like the worst sort of cheapo but hard-wearing carpet. How awful for your babies to have had to crawl around on that and with all those trip hazard gaps.
You said your landlord was decent and visited herself; but she didn't care to fit the carpets properly in the first place, so I will beg to differ. You definitely deserve to get your deposit back, so do take it through the necessary channels should it prove necessary.

LondonStone · 27/05/2021 14:55

*Provide no dryer?

We provide nothing , unless it’s inbuilt like a fridge or cooker.*

Interesting. I’ve lived in ten or so rentals since I was a student in different places (Newcastle, Walthamstow, Islington, Bow, Woodford Green, Hartlepool) in varying degrees of furnished/ unfurnished and even my ‘unfurnished’ rentals came with white goods. Washing machine, fridge freezer, oven, dishwasher (once), dryer (again, once) and 9 times of 10 a microwave which always ends up in storage as we don’t use them.

@FolsomPrisonBlues I had wet black mould all over my room and fully grown mushrooms growing out of a wall behind my wardrobe (huge; it took two guys to pull it out!) and they tried to keep some of my deposit to fix the damage but I pushed back with photos and dates of when I had reported it and the dispute was found in my favour less than a week later. Full deposit back. Hopefully you will have the same luck. Take lots of photos and videos of how the floors aren’t fitted properly, tiles are wobbly, etc. and try to gather dates you reported issues. It doesn’t sound like you’ve done any deliberate damage so I hope it works out for you! Smile

RosaBudDrood · 27/05/2021 15:00

I had wet black mould all over my room and fully grown mushrooms growing out of a wall behind my wardrobe

We had the exact same - mould behind the sofas, mould in the kitchen cupboards, mushrooms growing in the carpet.

I'll fucking laugh at any landlord who says that's because I didn't have the windows open 24/7.

LondonStone · 27/05/2021 15:11

@RosaBudDrood Absolute joke, isn’t it. This was in Newcastle, my second year of university, so from September through the winter months.

Three people people in a three bedroom flat so no overcrowding, no children, it wasn’t kept “like a sauna” as someone said above. Hmm

When we complained the landlord said we had to keep the windows open in every room, all the time.

My friends only pulled the wardrobe out initially as my bedroom was invaded by slugs (used to wake up in the morning with my carpet covered in silver lines, slug lines all over my shoes where they’d crawled over, once I stood on one on my way to the bathroom in the middle of the night!!) and we didn’t find slugs but we found enough mushrooms for a whole meal!

shewalkslikerihanna · 27/05/2021 18:01

I was advised by the EA/ tenant finder to rent mine empty
It was heartbreaking getting rid of new furniture ( new leather three piece, dining set, all new hemnes stuff from IKEA)but it had to be done
He reckoned tenants liked their own stuff

The guy who rented it first had almost nothing
He had no sofa for the first year
Such as shame at what I’d given away

crosstalk · 27/05/2021 18:06

When you notified the management company about all these problems, did you call or email them? Email at least gives you a trail especially with a sloppy agency. And take photos of the problem areas so if the LL does decide to dock your deposit then you have some evidence with which to challenge her action.

PaperbackRider · 27/05/2021 18:18

@3Britnee

You sound like a proper cheeky fucker to me, op.
Shitty landlord alert.
imisscashmere · 27/05/2021 18:30

@PaperbackRider

With the lino and tiles - again that's damage rather than wear and tear. Did you mention these defects to property company at the time that this was lifting? That might help your case if you have this on record

Nonsense. Any damage is caused by the fact that the lino and tiles were not properly fitted, so not OP's issue.

OP, none of it is damage other than from the baby gates, that is on you. The rest is not deductible at all, and yuo should fight any attempt to do so.

This!
CleanQueen123 · 27/05/2021 20:48

I had a similar issue with the lino in my previous flat. It ripped when I moved the fridge because it was poorly fitted and the cheapest, softest lino they could have bought.

I spoke to a flooring company who said it was absolutely not suitable for a high traffic area like a kitchen, especially when badly fitted.

I disputed my deposit with the deposit protection scheme and they found in my favour. They agreed it wasn't fit for purpose in the first place and I'd attempted to repair it so the landlord had no grounds to charge me for a new floor.

Take loads of pictures, dig out all the emails you've sent to the management company and leave the place spotless.

You might not get all your deposit back but you stand a better chance if you can argue your case well.

FolsomPrisonBlues · 20/06/2021 17:41

Hi all -

Just thought I'd update everyone, we're getting our full deposit back!

Absolutely thrilled to bits, alongside being even more gutted to now longer have our old landlady. I know landlords/ladies often get such a bad rep, but ours was such a blessing.

Thank you to everyone who gave their in put and advice! Smile

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