Landlords, please advise

[happy97]

I moved out of a rental house 3 weeks ago. I still haven't received my deposit back as they're getting quotes to repair the damage I did. Their justification of damage is a chip on a ceramic floor tile in the kitchen, broken freezer drawers, marks where I have put up pictures (but have filled, sanded and painted), Laura Ashley curtains that I have had dry cleaned still have some marks on the bottom where a drink must have spilled and absorbed up into the fabric.

The house was brand new when I moved in 3 years ago. I did a huge amount to the house and garden but I'm being held responsible for so many things. I think the LL wants to get the house back as it was 3 years ago but it's been lived in!

Am I being unreasonable to think that as a landlord you do have to do a degree of upkeep to a property after 3 years? I'm not prepared to pay for the house to be fully repainted, carpets replaced, locks replaced etc!

I'm prepared to be flamed as I know the whole LL/tenant topics are contentious on MN but any advise would be appreciated.

I live in Switzerland where, bar usual wear and tear, you have to return it in the condition it was given to you. Walls to be painted every 7 years, and scuffs to be fixed by tenants.

Usual wear and tear is not what you have described and I would absolutely expect you to fix everything, esp as it was all brand new and you have only been there three years.

Have you checked your contract? Many state that carpets/curtains/ovens must be cleaned and decor returned back to the way it was at the start of the tenancy.
You are correct though a certain amount of wear and tear is to be expected. I'd dispute the floor tile/picture marks. Did you go through an agency? If so they will be able to liaise.

What repairs did you need to do to a new house? That’s the LL job. 3 years isn’t that long for wear and tear.

Did you have an inventory at the start, how does it compare to now?

Obviously it isn’t going to be a brand new house after3 years, but I’d have thought it should look quite similar to new?

I’m a landlord and from the list above I would be looking to certainly charge for the broken freezer drawers, as I would need to replace them before the next tenants moved in. Certainly not wear and tear.
The other things I would need to see pictures of how bad the damage was! (I.e does the landlord HAVE to act before reletting?)
Probably lesson to yourself (which my previous tenants did) is to take down any landlord issues curtains, store or give back to them and put your own up.

Depends what your contract says.
I don’t think a chip in the tiles count as standard wear and tear.

Where you had pictures up on the wall and you have said you have filled, sanded and painted, is it obvious that a repair job had happened and did you just paint the area you fixed or the whole wall/room?
If it’s just the area that has been fixed then this wouldn’t be enough

Apart from the broken freezer draws, you describe fair wear and tear.

Who is the deposit lodged with, the DPS?

Well yes, you will need to pay for the things that you've damaged.

In reality though - the things you are describing are thing that have been damaged, not worn out over time

What did your tenancy agreement say about putting pictures up?

If you've filled, sanded and painted the whole wall in the same colour they wouldn't be able to see so I assume you've just patched it in which case it will look awful and the landlord will have to get the walls all repainted which they wouldn't reasonably expect to do after only 3 years.

The chip in the floor I don't think is normal wear and tear after 3 years either. Nor are the curtains if I'm honest. The freezer drawers are definitely your responsibility.

If the house was brand new what is the huge amount you had to do to the house and garden?

I'm a landlord and wear and tear is fine. If things are broken however, then yes, you would have to pay for them. One of my tenants' kids drew over the walls with crayon. For that, you can claim the cost of repainting over the drawings but not to repaint the entire room. Similarly, you'd have to pay for new freezer draws, but not for an entirely new freezer and etc. Thats how it works. You should always have an inventory done (by an independent person- usually the estate agents) before moving in, with photos, and then one done again as you move out. That stops arguments about what things were like when you moved in.

Which scheme is your deposit held with? If you disagree with the deductions your landlord is trying to make then you can dispute it via the deposit holder and they will make the final decision on how much should deducted.

england.shelter.org.uk/housing_advice/tenancy_deposits/challenging_deductions_from_your_deposit

I do appreciate that the freezer drawers should be replaced.

@TheTrollFairy I didn't paint the whole wall, just the areas I had filled and sanded.

@LGY1 You're right, I should have taken them down! The one curtain that is marked was down the side of the sofa where a drink must have been spilt.

I didn't have to do a huge amount but I made the house a home. It was a blank canvas so I put shelves up, I repainted walls with his permission, I landscaped the garden and planted a tree and shrubs.

You should go back to the agent and ask them to release the amount of deposit which isn’t being disputed (ie the bit that the landlord has said you can have back)

Then whatever they are trying to charge you for the other damage DO NOT PAY. Go to the dispute resolution process and they will almost certainly side with you, agree it’s reasonable wear and tear and you’ll likely get your deposit back. It’s broken down by each specific item so if there are some (ie broken freezer drawer) the dispute resolution will agree how much is reasonable to charge you.

I’d also advise you to go back and look at the inventory that was taken when you first moved in and remove anything additional you did - ie if you put up your own curtains then remove them

Landlords need to allow for a certain amount of wear and tear, what you’re describing doesn’t sound like you should be charged

Did you get permission for the works (ie hanging pictures?), if so, you get the chance to show this evidence in dispute resolution

I say this as both a landlord and a former tenant who went through dispute resolution

How did you manage to break multiple freezer drawers?

I didn't have to do a huge amount but I made the house a home. It was a blank canvas so I put shelves up, I repainted walls with his permission, I landscaped the garden and planted a tree and shrubs.

This is totally irrelevant and honestly, I think a little silly to have landscaped a garden which isn’t even yours!

I'd not expect you to cover the cost of repainting or new locks (unless you have lost keys).

However, the curtain stain, cracked floor tile, broken freezer drawers and visible picture hook holes are damage, not wear and tear. You need to cover the cost of those being put right again.

It would be reasonable though for you to ask your landlord to hurry up and return the balance to you though as you have already been waiting 3 weeks.

Seriously? You just painted patches on the walls and you can't work out why that's a problem?

The deposit is with the DPS but they're still getting quotes together to repair the damage I have done! The house was immaculate but lived in.

I just think it's unrealistic to charge me to repaint every wall, replace the kitchen floor, change the locks, change light fittings etc.

That damage to the curtains isn't wesr and year. You spilled and drink and didn't clean it up properly until it had set in. So that's for you to pay for.
You broke the free drawers. After only 3 years, you cant claim plastic fatigue. The only reason they'd be broken is you being really rough with them, so that's for you to pay for.
If they've noticed the filled in holes then you must not have done a very good job. Did you patch paint with the same paint colour and brand? I'm not sure they can charge you for painting every wall with a patch but they can charge you if the patch needs sanding etc.
How badly chipped is the floor tile?

TheTrollFairy I didn't paint the whole wall, just the areas I had filled and sanded

In this case it will look shit and I bet if you were staying you'd have painted the whole wall.

I didn't have to do a huge amount but I made the house a home. It was a blank canvas so I put shelves up, I repainted walls with his permission, I landscaped the garden and planted a tree and shrubs.

That's your choice and nothing to do with your landlord.

Why are they trying to charge you for locks and light fittings?? Have you damaged those. If you haven't then you can appeal those charges and there is no way they will win!

Unfortunately, planting trees etc dont cancel out the broken stuff. I could rent out a house to someone without a tree in the garden quite easily for exampl but I cannot rent out a property if the freezer drawers are all broken or the curtains are damaged. Thats because they aren't fit for purpose.
The house has to be in a good, liveable state to continue renting it (or even selling it).

@ohwheniknow In my tenancy agreement it said to make good any picture holes. Not to make invisible. I have rented for many years and you can always see where pictures have been!

The freezer was awful and frosted over dreadfully. You couldn't get the drawers out!

Where are the fees for changing locks and light fittings coming from? What happened to them?

'Make good' means put back to the way it was.