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.

What did you do with the original lights in the property? I wouldn’t be happy if my lights had just been binned so you could put your own in. I have a five year old Barratt house and chandelier lights are definitely not standard so your landlord must have bought those himself. And it’s a bit shit to expect the next people to use broken freezer drawers. I would have bought new ones, just as I did when mike broke in my own house.

Mine, not mike obv. Dunno who he is or what he’d be doing in my house.

@AutumnGlitterBall I left the lights in the rooms they came from. I didn't throw them away. I'm not a fan of those kind of lights in bedrooms, I asked if I could change to pendant style lights and they agreed.

That’s fine @happy97, but I think it’s reasonable that the LL puts them back at your expense because they weren’t like that when you took possession.

Indents from your bed. No they can’t charge for that. Holes from your bed where it’s torn the carpet yes.
Seriously try the ice cube trick on the indents. It works.

• Would you say I should pay for the whole kitchen floor to be re-tiled despite one tile being chipped? The master bedroom carpet being replaced because you can see indentations from my bed. There are no proportional deductions being allocated*

It will be proportionally deducted OP through the appeals process if need be. You would not be expected to pay for the whole floor.
You would be expected to pay for the chipped tile replacement.

Would you say I should pay for the whole kitchen floor to be re-tiled despite one tile being chipped? Absolutely not! Never in a million years would that be agreed by the resolution service

The master bedroom carpet being replaced because you can see indentations from my bed. Utter bollocks. Furniture indentations are Fair Wear and Tear

There are no proportional deductions being allocated. I appreciate there are things that should have been put back the way they were, and I should have made sure that all picture marks were invisible. But I did think that there would be an element of redecoration and I do feel I am being unfairly treated. So refuse all deductions and open a dispute., That is what the deposit schemes are for. Just log in to the one your deposit is in and read through the claims procedure.

Small check list for you:
Did you get a full inventory on the way in?
Was your deposit properly protected within 30 days?
Did you get the deposit certificate and all other legally required documents when you moved in?

Best of luck!

But I did think that there would be an element of redecoration and I do feel I am being unfairly treated That bit is where I would counsel you change your mind.

As I said earlier, 7 years is the rule of thumb. So at adjudication it is likely you would be allocated a sum for the 'holes' you left. Best to offer a reasonable sum up front, show you are being reasonable, not trying to avoid any due payment.

Happy what colours did you paint the walls and did you put up any wallpaper?

@Hellbentwellwent Very neutral Farrow and Ball (not that it matters) in shades of odd white and cream. Pale grey in the downstairs loo. All agrees with them beforehand, multiple inspections where they saw the colours. No wallpaper.

The issue is that they are arguing that the repairs can be seen. On the white walls that I have not painted I used the small tin of touch up paint that came with the house. The other walls I am fairly sure that I painted all holes I had filled but I have given them tester pots of the paints I had used to be on the safe side.

I'm stupid and should have put the lights back up, I accept that. But they're making out I have trashed the house and it was far from that. Lived in by a busy family but not remotely trashed or abused.

Off white of course!

Oh for goodness sake. A previous poster asked you all the questions about whether you had an inventory with photos and signed and I can’t see that you’ve actually answered someone trying to help you?

Crikey @PeachCupcake I'm sorry!! When I moved in the house was immaculate. A new build with a very pernickety buyer, so there was nothing wrong with the house.

But no, I have no pictures from moving in.

Look. I'll be plain. It is 100% in your interest to answer my questions above.

DID YOU GET THE PAPERWORK INCLUDING AN INVENTORY?

Yes I am shouting as without that information it is impossible to give you best advice... So.. did you get an inventory??

@happy97

An inventory. DO YOU HAVE ONE This is important.

If you don’t have one, they can’t prove anything. You must remember if you signed one. Photos and fixtures list. You’d have signed each page, photo etc?

We are landlords and would probably not have bothered with a few of the things you mentioned, but, because you were cheeky with some of the stuff I can see why yours are going after you for everything.

You should have asked them to change the lock (why was it too much bother at the time? Did you ask them, give them a chance to replace?).

Not replacing the lights and just leaving in the rooms is lazy. Would not be impressed.

Not refrosting the freezer on a regular basis so the drawers didn't stick and need to be broken to open is lazy. Did you speak to the landlords and explain about the freezer freezing up so they could do something about it?

If you just repaired the hole where your pictures went and you could see the damage, that is also lazy. The next tenants might not want to put a picture in the same place and shouldn't have to look at a dodgy wall.

Just because you think you improved the property doesn't mean anyone else will think so. Even if you think the colours look good, but your tenancy says you must leave it looking like you found it, then the walls should be repainted to the original colour at your cost. What exactly does it say in your tenancy? It doesn't matter if they agreed to you repainting, if your tenancy says it has to be the way you found it, then you need to pay to restore to white.

Curtains would need replacing.

Dints in bedroom carpet - fair wear and tear. Are you sure there is no permanent damage such as a rip?

Tile in the kitchen, depends how obvious, not fair on the next tenant to have a damaged tile so would probably want you to pay to remove and replace that one tile. If spares are available...

Garden - wouldn't be bothered if it was so basic when you moved in as long as there were no weird fountains or anything that required water or electricity maintenance.

@DobbyTheHouseElk No, there was not an inventory to that degree. There was an inventory which listed all the things that came with the house, but not one where I signed every page.

@CuriousaboutSamphire

I'm really not stupid! I have found the inventory which was sent to me via docusign. The document has not been signed. It has pictures etc and a space to initial each page, but I did not do this.

I have asked them for a signed copy and they are unable to find one at present.

Firstly you should have a good look at the inventory that hopefully was given to you at check in. Then you should have had a check out inventory. If the deposit was with the DPS you will have to go though the arbitration which will take time. There should be an amount suggested that the landlord wants to hold back. I have to say that some of the damage is not wear and tear and most landlords to not like holes drilled in walls as they are so hard to cover well. We rarely with hold any deposit and expect to spend quite a bit between tenants

@happy97 If the letting agents did not ask you to inventory then they don’t have a leg to stand on. They can’t prove that it wasn’t like that when you moved in. So they won’t be able to deduct anything without proof.

It seems as though you will have a few problems with this argument as the inventory is key.

@NoMorePoliticsPlease It's interesting that you tend to spend money in between tenants.

Did you mean I will have few arguments?

@happy97 all LL have to spent between tenants. There is always something that needs doing. Even if it’s only a cleaner. Very rare not to spend between tenants also the agent will charge for finding a new tenant.

But, your issue is the damage they want to charge you for. You have rented before so you should know what an inventory is, and request one if it isn’t there on your next tenancy.

The inventory does not need to be signed to be valid. It 2as sent to you, it was your responsibility to counter act anything on it you didnt agree to it.

The property will be considered to have been rented to you as showing on the inventory.

Step one, log in into the system and ask for your money back. If they want to keep anything, they will let the system know. You can agree or not. You'll be expected to try to come to an agreement outside of the system before you both agree to use the arbitration service.

Once it goes to arbitration, the decision is final, whether you agree to it or not. There will be an element of subjectivity based on the arbitrator although they will be expected to follow principles.

The whole process can take more than 4 months.

Okay well my understanding (I’m an accidental landlord) is that without a signed and photographed inventory it’s very difficult to make a claim from a tenant deposit. I had an issue with my tenants leaving the place in a tip, mattresses, all sorts. Because I didn’t have that inventory in place I was screwed.

I would fit it tbh