Tenant in need of urgent help!!

[Landlordhell123]

Sorry I know it's not AIBU but there is always loads of traffic here and I need advice urgently.

I have just given notice on a property I have let for 3 years. When I moved it it was very dated, threadbare carpets and filthy paintwork that that appeared to not have been updated in years, and kitchen lino that has no underlay and doesn't fit all the way to the cabinets. All in all it is shabby and horribly dated and the landlord has done no upgrades on this since we moved in.
The landlord has noticed a few scuffs on the wall that were not there before and is trying to insist we Repaint the whole area, despite the state it was already in. He also wants us to replace the kitchen floor that has torn but the floor people have said they won't lay it without underlay and I don't see why I should have to replace the underlay too?!
If it was a fresh paint job or if it was old but clean when we moved in fair enough but it was awful then and still is, just with a few extra marks. Same with the flooring, it was knackered old lino to start with, not new. I am happy to replace the lino but underlay that isn't already there?! Does anyone have any advice on the legalities regarding betterment and what we are required to do as tenants?!
Any help would be greatfully received as they want to discuss it with me later!!!!

No advice but I presume I’ll be in the same situation when I give notice. Luckily I’m good with the internet and have gained photos from over the past 10 years and nothing’s been updated. They even badly retouched some photos to make the garden look level instead of cracked, hazardous paving! Can you do the same and try and find old listing photos to back you up? You’re not alone! Either way you’ll definitely get your deposit back through the protection scheme

Do you have an inventory? Is your deposit protected in one those schemes that they legally have to be?

I've heard that the deposit scheme usually side with tenants regarding wear and tear stuff so I'm not too worried about getting the money eventually, I just don't want to be waiting forever for it if they raise a dispute or worse, me pay out for painting and flooring that I then didn't need to because of the betterment thingy.

Yes to the inventory and the deposit scheme

Gentle magic sponge for scuffs!!

Speak to Shelter. There is a lifespan for items like decor and flooring so you should only be liable for a proportion of cost, if any. However new flooring normally involves new underlay.

Challenge them, politely but firmly, in writing. Go to the ombudsmen if you need to. You shouldnt even have to repair the lino if it was old to begin with.

I'm a landlord (a better one than yours I hope) and it's actually pretty difficult to withold deposit money these days. You need a pretty rock solid reason (like the Hoover, heaters and a large bookcase disappearing fi).

I don't know how long the disputes usually take but they will side with most things if there is no inventory.

I recently moved out of a rental property and at first they said I needed to repaint everywhere, I needed to get a gardener in loads of stuff that was going to cost me hundreds of pounds or they would with hold my deposit and like you it was stuff that was like it or worse when unmoved in.

I questioned them on it and asked me to show me the inventory (which they didn't have) and they suddenly decided none of that stuff needed doing and they would deduct a £50 cleaning fee instead. I couldn't be arsed fighting it tbh so accepted that even though the place was spotless. If you question them hopefully they just back down.

Remember that the landlord cannot get new for old from you. The deposit scheme takes account of this. Suppose the lino has a life of 10 years and was 7 years old when you moved in. He cannot claim anything from you because it is at the end of its life.

Photograph everything. Skirtings, walls, the inside of the oven... Then I suggest you get onto the scheme and claim the deposit back in full. Landlords like this deserve all they get.

If you have an inventory with photos, then you shouldn’t have a problem getting your deposit back. Landlords are not entitled to betterment of property, so he can’t expect you to put down new Lino with underlay.

LIZS I would happily replace underlay if there was one to replace, but the current knackered old lino has nothing under it except concrete. The flooring people I called to order replacement lino because Ai wanted to replace it due to the tear said they won't fit it without underlay - is it fair for me to pay £250 extra to fit something that wasn't already there?! I thought this might come under betterment so wanted to check?

Agree with pp. I'm a LL and currently redecorating and repairing a house for my next lot of tenants. Haven't claimed anything from the deposit for the damages because it wasn't worth the aggro for what I'd get back and it wasn't taken in immaculate condition (tenants wanted to have the money to decorate themselves rather than me do it at start for quicker move in date etc, was fine by me!). They were decent enough tenants so I'm not going to

Amazing advice, thank you!

So van I contact the scheme to ask for the deposit myself then? I've not had to do it myself before

FFS wasn't finished.

Anyway. Point is just dispute it. They won't get away with what they're asking as it's betterment. You have the starting inventory on your side anyway

No idea actually. This is why I have an agent. But yes, contact the scheme and they'll advise you from there.

Definitely don't put lino down! If the LL disputes release of the deposit go through the dispute resolution service of the protection scheme. It's a pain in the ass but they are generally very fair. As a guideline we left a property in June and didn't get our deposit back until October so it's not speedy unfortunately!

Good luck

Op l am a LL, you don't need to do anything if your description o0f the property condition when you moved in is correct.

Let the inventory happen and see what is recommended..the inventory is independent and will account for the condition now as to the start of the tenancy..

I have just had tenants moved out after 2 years....l fully expect to have to repaint at MY cost after 2 years...there are many suffs which are reasonable wear and tear......unless you have damaged furniture or the property itself, you probably have little or no cost...do nothing now and wait for the inventory is my advice.

If he tries to withold money you are easily able to use the inventory to back up your arguments.

Re lino could you buy a cheap off cut and fit it yourself? Just use a stanly knife to cut it. Watch a YouTube video first but it's not that bad to do to an ok standard.
Try to clean the scuff marks or is there a way of getting a sample of the paint to get a colour match at b&q? Then just patch it up.

cupoftea, if we were just taking a few scuffs I would, but they are covered. When we moved in they were filthy, scuffed, chipped, badly filled holes all over. They did nothing to fix this and haven't in 3 years. In those 3 years we have added a few more, I have 3 kids, but nothing like drawing or anything just scuffs. They want me to redecorate for minor marks when it was already in a terrible state when we moved in.

Thanks for the advice, I'll ask them to raise a dispute if they aren't happy and hopefully the deposit people will either not charge us for the floor or if they do it will be proportionate given that it's probably at least 6 years old and we've had 3 years of wear and tear on it.

Agree unless the kitchen is large or awkwardly shaped laying vinyl should not be difficult. Use the existing as a template and remove cupboard plinths so you can tuck it underneath.

The more l hear the less chance l think you have of having money witheld from your deposit.

Thats what inventories are for to protect you and the LL