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What is 'Wear and Tear' on a rental property?

52 replies

beetroot · 14/03/2006 13:49

As you know we have just left rental and moved into our new house.
Just met the landlord at the property who said he is going to take off money for every mark. He says he will have to re paint the house...and started to tell me haow to bring up my kids because there were a couple of marks on the carpets.

Am Fuming...

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beetroot · 14/03/2006 14:05

He reckoons he has to paint the whole hosue..ridiculous.

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littlemissbossy · 14/03/2006 14:07

Beetroot, as a Landlord (please don't shout at me)Grin, I always include marks on walls, carpets, furniture etc on the inventory that the tenant accepts on moving in day - I go through everything!!! and I'm very honest about marks, conditions of equipment etc. Marks on walls would be classed as general wear and tear although if the walls were dented/damaged in any way I could claim for reasonable repairs out of the tenants bond. As for the carpets, again marks are classed as general wear and tear although if the marks are so bad and can not be removed by cleaning i.e. damage from a pet (particularly one I didn't know about!), then again I could claim out of tenants bond. I've never had to do either to be honest. Marks on walls can usually be washed off and the same for marks in carpets! HTH

beetroot · 14/03/2006 14:09

LMB, one little nick on stari case ceiling.
and a tiny bit of torn lino where washing machine caught it.

the rest is just a couple of marks

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CountessDracula · 14/03/2006 14:10

Beety buy one of those magic sponge things that will get the marks off

CountessDracula · 14/03/2006 14:11

You can't have done that much damage in 7 months!

CountessDracula · 14/03/2006 14:12

Also presume he knew you had 4 kids so fair wear and tear is worse that would be with one old biddy iykwim

littlemissbossy · 14/03/2006 14:18

Beety tell him to go get stuffed! it's general wear and tear. Although if he wants to be arsey he may have a claim about the lino if you were at fault - or was it already there? does he have absolute proof and I mean photographic/written evidence that it was perfect and that you accepted the 'perfect' condition of everything IYSWIM. Give him seven days to return your money or tell him you'll go through the small claims to get it back.

Enid · 14/03/2006 14:18

Tell him you will speak to the agent and then threaten him with small claims if he doesnt give you your erroneous months payment back.

Hausfrau · 14/03/2006 14:25

This reply has been deleted

Message withdrawn at poster's request.

Tinker · 14/03/2006 14:29

You can take him to teh Small Claims Court - can do it all online.

LIZS · 14/03/2006 14:37

He can't touch your overpayment at all . He should return it immediately leaving the deposit only for any remedial work - which he should be able to substantiate with receipts, invoices etc. Can you ask the agents' opiniona s presumably they viewed the property and have delat with him . Does he have other properties or is he being precious about this one for a reason. The odd bit of cleaning and touching up is wear and tear imho. The only deduction we made in 3 years was for an iron burn on the hall carpet and even then we just patched it.

CountessDracula · 14/03/2006 14:49

Is he a first time landlord? If so you could make some sarcastic remarks about amateurs not really understanding the process Grin

beetroot · 14/03/2006 14:55

Sorry popped around to the agents.

They suggested I offered to clean the carpet.

Dh is going to phone him and tell him it is illegal to keep our over payment, and suggest we clean the carpet, and the mark in the landing that he moaned abut was already there.

We will accept that the lino is out fault.

Am still shaking from the bullying manner

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beetroot · 14/03/2006 14:55

owns loads of porperites CD

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beetroot · 14/03/2006 14:56

DH will say small claims if he refuses to pay up.

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beetroot · 14/03/2006 14:56

poor dh frantic as flyes to far east tomorrow and is upto his eyes. Not happy that I lost my rag (again)

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CountessDracula · 14/03/2006 15:15

Deep breaths....

Don't worry beety is totally normal to be frantic and lose it when moving house

beetroot · 14/03/2006 15:16

first time so far CD..have been very well behaved. just feel a bit lost as dh gone and I have the whole house to sort...and there is no where to put anything.

stated today putting boxes int o one room so can sort formthere rather than evrywhere...

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CountessDracula · 14/03/2006 15:21

what do you mean by "I lost my rag (again)" (assumed it meant you had been wigging out regularly (wink))

Can you draft in friends/family to help?

beetroot · 14/03/2006 15:55

I do tend tolose it with horrid people hwereas dh is always calm...and he ususally get the best results.

I will be fine. just today

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beetroot · 14/03/2006 21:16

Dh phoned him and he was as nice as pie. 'Of course I am not going to rob you, I don't know where she got that from', 'I will sort out the over payment immediatly'

TWAT

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LIZS · 14/03/2006 21:37

bstrd Angry

beetroot · 15/03/2006 09:43

yes, i was vry pissed off

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aelita · 15/03/2006 14:54

Landlord's withholding a deposit for what they deem (usually spuriously) is excessive wear and tear is probably the most common problem for renters. If you think this is likely to happen, the best thing is often to withhold sufficient rent towards the end of your stay. US forces based in London (we were neighbours to two sets a while back) are advised to do this because London landlords have stiffed so many servicemen and women! It's something me and DH did a couple of times - it can be a bit risky, but worth bearing in mind.

aelita · 15/03/2006 15:01

I'd hazard a guess though that that advice to US forces was 'off the record', Smile

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