Landlords: retaining some of the deposit - fairly

[Spaghettio]

My tenant has moved out on the weekend. The inventory has been been done by a professional company and has listed a few areas of her responsibility that have not been done - mainly cleaning, but some damage to floor tiles and children drawing on walls/blinds.

I'm managing the property myself, so I just want some clarification if anyone can help. Do I just get a quote for a professional clean and the costs of replacing the floor tiles/blind? Also, can I retain some of the cost of redecorating as I cant get the pen off the walls?

Do I just email her and tell her this and if she agrees, let the TDS know? Presumably if she doesn't agree, we go through the resolution services through TDS?

We're looking at selling the house, so want it looking as good as possible for viewings, but I don't want to screw her over with her deposit. That said, she hasn't fulfilled her contractual obligations.

TIA

Check with the TDS, but I believe you raise a dispute with the TDS, advising the tenant what you are doing. The TDS then arbitrate (which does not necessarily mean that there is a disagreement, the tenant may agree that this is not wear and tear) and it is sorted out.

BUT MOVE QUICKLY - do nothing and the tenant will get all the deposit back. So get on to the TDS tomorrow.

Avoid raising disputes, they're really time consuming and the tenant might not see their deposit for weeks.

The best way is to get quotes for the work, agree the deduction with the tenant and apply to the TDS to return the agreed amounts. They will contact your tenant to check they agree.

....but still shift yourself as otherwise all the deposit will go back to the tenant.

BTW we had a dispute with tenants, agents still pushed us to have an agreement by 10 working days after tenancy end.

which was fine until the tenant got abusive, and the checkout clerk hadn't spotted the wall and bath scribbles and other damage.

oh well. That's the highly profitable, utterly no work, money for old rope business that people on here will tell you is being a landlord.

May I ask about the paint? The house we're renting is painted with some really bad paint, and practically anything that makes contact with the walls leaves a smudge.

Are the tenants charged to repaint the house at the end of the contract?

TIA.

I'll get onto the TDS pronto, as well as the cleaning companies.

I don't want to fleece her out of her deposit, but the house is in a bit of a state.

The paint was only Dulux, but the walls didn't mark easily when I lived there and it was painted in the same type of paint then.

I'm glad we're selling - I can't deal with the strain of being a landlord! Being responsible for the kids is enough - I don't want to be responsible for anyone else!!

Nix - reasonable wear and tear is not chargeable. Crayon isn't reasonable and if you're really worried, repaint the same colour to avoid being paying them for someone else to do it.

Don't get onto the TDS they're only interested in getting involved once you can prove you've attempted to resolve the issue between you and have hit stalemate. You should contact the tenant immediately itemising the points raised and letting them know that you'll be getting quotes for repairs. Once you've got quotes get back to them and let them know what the deductions should be. If they don't agree that's when you lodge a dispute with the TDS.

Thanks chumhum. I'll contact the tennant tomorrow.

So I got the quotes and let the tenant know. She's now disputing most of it - even though some of it is pretty obvious and has been noted in the independent inventory.

I've given way on a couple of issues, but I really can't accept everything she has said. There are clear areas of the bathroom with caked on lime scale and mould around the edge of the bath.

Woops - posted too soon!

I've emailed her back, but I assume if she doesn't agree then I have to contact the deposit people?

I'm so glad we're selling - this is too much hassle!

Depends how long they had been there and if its fair wear and tear of family life? It can delay things though

the floor may be classed as wear and tear. Children scribbling is not.

Yep, same old crap where tenants are concerned.....

Perhaps offer her the opportunity to go back and clean? I'd try one more time to come to an agreement,point out again its an independent person thats done the checkout and that the next step is arbitration with TDS which will take approx 8 weeks.

List the items with a short description and the price. ie

1. childrens crayon drawings on bedroom 1 wall - repaint £150
2. Broken blind bedroom 1 - replace £40

Ask her which ones she agrees to which she doesnt. If you do have to got to arbitration hopefully it wont be for the full deposit, just the disputed amounts and you wont be out of pocket for too long.

Hang on in there!

CoilReget - I've never heard of this sort of apportionment in the 20 years we've been letting. I normally refund deposits entirely, so where I dont I really stick to my guns and as a result have been to court twice and had 3 TDS arbitrations and never has this method of deduction been mentioned.

Taking for example the crayoned walls. Newly painted, over the course of 3 years they get grubby or marked - this is wear and tear which is not charged for. If at any point someone scribbles all over them, then they need repainting straight away, this is 100% chargeable as you cant repaint the walls to Year 2 standard.

Mould around the bath? Its not as it was, any reasonable person would have cleaned occasionally and it should not be there. Absolutely claim for cleaning it off.

There was definitely no mould or limescale at check in - so I'm not really happy to let that one go. I know we live in a hard water area, but it's not hard to maintain a certain level of cleanliness to prevent build up, surely?

The tiles are only very basic lino tiles on the ground floor and have been broken off at the corners. These were laid a week before she moved in, and I'd expect them to last longer than 18 months.

As far as the repainting over the scribbles goes, all I'm charging her is for 50% of the cost if the paint - not even the labour, as I'm aware that it would need repainting after she left anyway and as I said, I'm not out to rip her off. I'm only asking for a token contribution on that and she is disputing it!

Hopefully she will see that I've been reasonable in my requests and we won't have to go for disrupted resolution.

The blind wasn't old/worn out - it was drawn on by her child. Shall I replace that out of my own pocket just to satisfy karma? Or should she be responsible for damage that her children have caused? I'm not asking her for the costs of redecorating the entire house - just the areas that were damaged by her. I'm more than happy to accept fair wear and tear - but the key word is FAIR.

I'm not a charity and I'm not going to accept damage to my property. This is the whole point of the deposit.

I think you have been spectatularly mean. Its not reasonable to expect a tenanted property to look like a show home. Most landlords pay for re decoration every time there is a new tenant. I would expect to decorate a property after a 18 month lease.

Spaghettio Have you never rented a property?

"The tiles are only very basic lino tiles on the ground floor and have been broken off at the corners. These were laid a week before she moved in, and I'd expect them to last longer than 18 months."

If the tiles were cheap quality then it would not surprise me if they did not last longer than 18 months. Do you still have the reciepts for the tiles and proof they were new?

" I'm only asking for a token contribution on that and she is disputing it!"

I think you are asking too much and you may well find that the TDS takes her side and gives her the complete deposit.

Deposits are taken for REAL damage to a property or a failure to pay rent. Ie. a tenant who smears excrement all over the walls or leaves holes in doors or smashes the boiler. The "damage" you have experienced sounds pretty minor.

Reallytired - are you saying that pen marks on walls and blinds are not damage? Can you tell me you'd be happy to rent a house that has marks all over the walls from the previous tenant?

I'm not asking that the house looks like a show home - it didn't look like one when she moved in. I would like it to be returned to the state that it wasa in before she moved in. If she chose not to do this before she moved out, she should accept that she will loose some of her deposit to rectify the issues that have been created by HER and HER CHILDREN.

Why should I accept all of the costs for damage and cleaning that she is responsible for?

I'm sorry that you seem to have had bad experiences with tenants, and that mine appear to be minor in comparison. However, they are not minor to me and I don't see why my tenant should escape her responsibilities just because my issues aren't as bad as yours.