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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

aibu or is my letting agent taking the piss.

15 replies

watchoutforthatsnail · 17/12/2012 17:31

Ive lived there nearly 4 years. Only moved as they wanted their house back, which they then changed their minda about 3 weeks later...
house is in an ' unrentable state' according to the agent 6 months ago. Huge amouts of work totalling 5k ish have needed doing from 6 months after i moved in ( and were recommended to be done before that) no work has been done, despite promises it would be.
The whole house needs to be repainted due to an underlying lead paint issue which means paint has just flaked off the walls, right back to the plaster.... which ive been living with. Even though this is the case and its being repainted ( word from the agent) shes told me today that i have to gill in and paint over any picture hook holes, scuffs on the wall, etc. It seems nuts, surely this should come under wear and tear? Especially since its being repainted?

Same with the kitchen floor. Its ripped ( caused by her heating engineer) and will be being replaced but apparently i need to clean it.

And the oven. Which is broken and is being dumped. Ive been told i have to clean it.

I have questioned this and was told she wants it so i look good and the actual landlord looks bad. But again that makes no sense and makes no diffetece to me.

I feel like its being set up for me to not get my desposit back....

OP posts:
LadyMaryChristmas · 17/12/2012 17:36

Are you moving out? You have to leave it in the same condition that it was in when you moved in. If there were no scuff marks on the walls, then there should be none when you move out. It sounds to be as though they are going to rent it out again once you move out and they are not going to do any work to it at all (lazy sods). If you're not moving out then surely you don't want to use a dirty cooker? Confused

Original poster
watchoutforthatsnail · 17/12/2012 17:42

Im moving out. Or have moved out.

They have to do work. Its not in a rentable state ( this is direct from letting agent) and hadsnt been for ages. Im talking paint flaked off back to the plaster. Huge patches of it, about 3ft tall. I tried cleaning a wall today and had to stop as it was falling off in my hands.

Some scuffs should come under wear and tare surely? You can expect someone to live there for 4 years and it to be in the same condition?

The cooker is broken and non fixable too so cant use it anyway

OP posts:
LadyMaryChristmas · 17/12/2012 17:49

It won't stop them from trying to rent it out. I was in my last house for 9 years. The kitchen window had been broken since before I moved in and I reported it dozens of times. I had to clean it before I moved out though (there were other problems as well). When I handed the keys over they came to check the house and they were literally discussing how little they could get away with doing whilst I was still there. I doubt the boiler has been replaced and the kitchen window has been repaired. I was even moaned at because I'd not removed the rubbish that was there when I moved in! Confused Scuffs should be wear and tear, there's also a magic block that you can get to remove them (JML). Just clean the cooker but ignore the walls as it won't make any difference. Remember to take pictures!

Sounds like they are being very petty and using any excuse not to repay you. Is your deposit in a tenancy deposit scheme? I'd get in touch with them.

Original poster
watchoutforthatsnail · 17/12/2012 17:57

I know its meant to be in a scheme. I dontthink it is......

Im going to do it. And take pics. But its galling.

OP posts:
FoofFighter · 17/12/2012 18:05

if it isn't in a deposit scheme (which it should be by law) then you can sue/apply for compensation from them I believe, just going to have a google hang on...

www.adviceguide.org.uk/england/h_tenancy_deposits.pdf

NatashaBee · 17/12/2012 18:07

This reply has been deleted

Message withdrawn at poster's request.

Original poster
watchoutforthatsnail · 17/12/2012 18:10

I did get a letter saying it had been cancelled ....ages and ages ago. The agent called and said she had messed up. But i cant rememember the outcome and ive not had any correspondence since.

OP posts:
Cantbelieveitsnotbutter · 17/12/2012 18:31

My ohs old work had to spend thousands putting a building back to how it was when they rented it ....... They were moving as it was being demolished

FredFredGeorge · 17/12/2012 19:03

You do not leave a rental property in the same state as when you moved in - fair wear and tear is allowed for - obviously things age. Scuff marks are an expected part of fear wear an tear (well maybe not if they're on the ceiling obviously but unless you've been living with spiderman I imagine they're not.)

Just tell them you disagree to all their charges and to use the dispute resolution service in the deposit protection scheme. If the deposit is not protected, you are in a very strong position, but it may cost you 150quid to bring the court action - however you'll get it and the deposit back and should also get (up to) 3 times the deposit back as a penalty too.

suburbophobe · 17/12/2012 19:05

And the oven. Which is broken and is being dumped. Ive been told i have to clean it.

This is crazy. You have to clean the oven for the dump?!

From the rest of your OP sounds like they are taking the piss.... while making you pay for it.

i.e. Same with the kitchen floor. Its ripped ( caused by her heating engineer) and will be being replaced but apparently i need to clean it.

I used to work in HRM which included needing to help accommodate expats - you wouldn't believe what LL would try and get away with...
Hmm

HisstletoeAndWhine · 17/12/2012 19:06

what does your inventory say?

Original poster
watchoutforthatsnail · 17/12/2012 19:19

Just whats in the house, nothing in regard to the state of things.

OP posts:
HisstletoeAndWhine · 17/12/2012 19:57

Then you are in the clear. He can't prove ANY damage OR deterioration if he hasn't specified condition.

HisstletoeAndWhine · 17/12/2012 19:58

Go to the CAB about the deposit, if it's not protected, you CAN sue.

EllieArroway · 17/12/2012 20:08

You don't think the deposit is in a scheme??????? Shock Shock Shock

The they are fucking idiots, aren't they? Watch - are you aware that yu can take them before a judge and get three times the value of the deposit. So, if you paid £500, they'd have to repay £1500.

I would ask them, as a matter of urgency, to give you the name of the scheme your deposit is lodged with & the reference number. If they admit it's not in one, or don't get back to you, issue IMMEDIATE proceedings against them.

In the meantime, do NOT agree to having money taken off your deposit. The burden of proof rests with them to prove that you have damaged the property - NOT for you to prove that you haven't. Without a proper inventory or photographs of the property when you moved in, they won't be able to.

Play this right, and you'll almost certainly have a wonderful little windfall in the new year :)

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