Landlord problems

[cansu]

I have been renting a largish 4 bed old house for the last six years with my family. It was quite dilapidated when we moved in and was very lived in with plenty of grubby walls and chipped paintwork. Garden had waste high grass at bottom end etc. We didnt mind too much as it has a nice feel and has plenty of space. The Landlord lived in it themselves about sixteen years ago and the decor hasn't been touched since then. It has had other renters before us. The landlord and his wife have now separated. this house now belongs to the wife. She ame around about six months ago to look at property and because she knew I was looking at buying. Seemed happy enough with the house, raised no concerns. I showed her that the bathroom wallpaper was hanging off and she said she wasn't worried about that as it had been up forever. Now she is talking about inspecting house to check what jobs we need to complete before moving out. I think she is expecting us to decorate. I have no intention of doing this as I don't think we should be responsible for decorating a house that hasn't been touched for sixteen years. It is quite clear that the house needs decorating if she is to get the rent she wants for it. Can anyone tell me where we stand legally on this?

She doesn't have a leg to stand on really - Was there an inventory ? Even if their was and it stated excellent decorative order - after 6 years mostly anything except outright damage would be considered fair wear and tear.

unless your contract says 'redecorate before leaving' she can whistle. As Mindmaps says, it is all fair wear and tear.

your 'jobs' before moving out are to remove all your possessions and leave the place clean and as you found it, less that wear and tear. That's it.

Agree with Mind Maps and special subject.

Is there a deposit? Do you know whether it is protected in one of the three schemes?

Check on the shelter website for advice.

But yeah, she can whistle.

Thanks everyone. yes the deposit is in a scheme. she has now booked to come round with her ex husband to look at property to check decor. I can see it is going to be difficult. There isn't an inventory. When we moved in they were on holiday in Spain so we were just told to collect keys from agent's office and left to get on with it. I now wish I had been more of a pain in the ass and I also wish I had put everything in writing. lets hope this is the last time I get fleeced!

The fact there isn't an inventory is more her problem than yours. She needs to prove you had stuff, not the other way around.

As a landlord I would never expect decorating from tenants. It's not part of any standard rental agreement. As a tenant I've burned a line in a carpet and the landlord put it down to fair wear and tear. All you need to do is give the place a good clean and remove your stuff you should see what I've turned up to. 24 working days of cleaning/redecorating and 12 estate car loads of stuff to be taken to the dump

If the landlord makes any noises about you needing to do something or it will be deducted from the deposit, calmly inform her that you will be raising it with the deposit scheme holders. They can earn their fee by mediating. This scheme was started to prevent landlords taking the piss and they are there to help make things fair for you as a tenant, not her as the landlord.

I'm no expert of property law or taxation, but I understand that landlords can either claim an allowance of 10% of the gross rental income for wear and tear, or deductions for replacing items, off their tax bill.

This means that your landlords should have been putting this money aside, all these years that they have been renting the property, to cover for wear and tear and replacing items. You've done your bit by paying rent. They should have been doing their bit by decorating and doing repairs, after all 10% of the gross rent would be quite a tidy sum over the years. You don't need to complete any jobs or redecoration.

Your landlady is a chancer, don't give in.

if the deposit is in a scheme (good) then you are fine. These schemes are designed to prevent exactly this problem, by protecting the deposit that belongs to you, the tenant.

read up on the scheme rules, perhaps call them to say you are anticipating a problem and make sure you understand what you have to do when. The onus of proof is on her and she is wasting her time.

No signed inventory means she does not have a leg to stand on. There is no way they can prove anything and do not accept any deductions.