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Original poster

Deposit on rental house

23 replies

Croft1971 · 08/01/2019 20:01

We have just moved out of our 6 month rental having purchased another property. We have looked after the house which had not been painted for at least 15 years and had what I consider 'fair' decor.
Landlord has been in and out whilst we've been moving, seemed pleased with condition and thanked us for looking after it.

However he rang DH today to say there are furniture marks on the lounge wall and that he will be coming back round with letting agent, followed by a long silence. I am going back over to look tomorrow to have a proper look but the only furniture we had against walls was 2 soft sofas. IIRC there is only a very faint darkening against the walls (if anything at all,) which in any reasonable opinion is fair wear and tear.
Cross that its even an issue and want to get our full deposit returned. Before he starts raising deposit witholding or insisting we re-paint, I would be grateful for any thoughts/advice.

OP posts:

AgnesNaismith · 08/01/2019 20:03

Was that the official check-out? Did you sign an inventory at the beginning of the tenancy?

When you go back take LOTS of pictures.

Original poster

Croft1971 · 08/01/2019 20:09

Hi Agnes, official end of tenancy is on the 13th so still a few days left, although he did say he was going back with the agent this Friday 11th.

Bit cross that even though we are not actually there anymore we are still under contract (and I have been going back most days to clean) and not sure he should be wandering around as and when he likes ??

Yes, I believe there is a full inventory but our paperwork is buried in a mountain of boxes!

OP posts:

MissMalice · 08/01/2019 20:13

You do not have to agree to any deductions from your deposit. If you do not agree, it goes to an independent deposit protection scheme.

Minor scuffs on the wall should not result in deductions.

Userplusnumbers · 08/01/2019 20:16

Yes, just let it go to arbitration with the deposit protection. This happened to us a few years ago, the deposit protection people said they'd expect repainting to be carried out every 5-7 years so he would need to do it anyway, and furniture marks are par for the course, so he couldn't charge.

Original poster

Croft1971 · 08/01/2019 20:20

thank you...we also have mutual friends so him trying to pull a fast one has left a pretty sour taste.

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Fattymcfaterson · 08/01/2019 20:21

You lived there 6 months. There really shouldn't have been marks on walls in such a short space of time, and if there was you should have remidied to put them right.
If you had lived there longer I could see your point. But only 6 months?

Teddyreddy · 08/01/2019 20:22

Our landlord claimed a scratch on an internal door. We disputed it. They should only keep the amount of money they are claiming for the repairs and repay you the rest immediately - at least thats how's the scheme we were with worked. Our scheme a dispute meant the landlord had to submit a receipt for the work - so they actually have to get the work done, otherwise they can just pocket the money without doing the work (our landlord did absolutely minimal maintenance ). There are strict timelines on how long you and they have to submit evidence so it shouldn't drag on too long. We got all our money back - I've been told they normally take a very reasonable view - so its definitely worth disputing if you think it's reasonable wear and tear.

MissMalice · 08/01/2019 20:26

How much could they even deduct to touch up paint? He can’t claim for painting the whole room just for a scuff.

Original poster

Croft1971 · 08/01/2019 20:27

My mistake Fatty... it was actually 9 months. The marks aren't damage per se its just where sofas have sat against a wall!

OP posts:

Original poster

Croft1971 · 08/01/2019 20:29

My suspicion is that he wants the whole room redecorated

OP posts:

AgnesNaismith · 08/01/2019 20:30

Does it not depend on how long ago the walls were painted Fatty? OP said it hadn’t been painted for 15 years. If LL wants it doing again and requests the full costs he won’t get it as that would be considered betterment. Adjudicators also take into account whether children were living at the property.

OP he shouldn’t be letting himself in without giving you 24 hours notice as you are still in contract. Remember you can ask for the deposit back straight away when the contract ends, the LL has 10 days before you can raise the dispute with the deposit scheme from the date of your request.

Original poster

Croft1971 · 08/01/2019 20:37

So if the agent is coming round Fri for a final check (even though it's still ours until sunday!) can I email the LL on the same day to request our deposit back?

I'd rather not be there on Friday to be witness the inspection but is that something I should consider?

OP posts:

Original poster

Croft1971 · 09/01/2019 09:00

OP posts:

Ragwort · 09/01/2019 09:07

We had a similar ‘issue’ when we checked out of a rental property, I had arranged for carpets & oven to be professionally cleaned and had thoroughly cleaned the property (I was a 50 year old home owner myself, not that it should matter but I wasn’t a student living in my first place away from mum and dad!). Three inventrory checkers came round and spent three hours (so nine hours total) going round a small house looking for goodness knows what. The letter came back stating all sorts of damage and wanting to keep back a significant part of our deposit), I challenged it and they backed down immediately and returned the deposit in full. We own a rental property ourselves now and always expect a small amount of ‘wear and tear’ for tenants and accept it is our responsibility to re-decorate between tenancies.

Hope you get this resolved.

Ragwort · 09/01/2019 09:08

Croft, yes I suggest you should be at the inspection.

AgnesNaismith · 09/01/2019 12:23

Yes you should absolutely attend the check out!

We are in adjudication stage for our deposit to be returned, having ended the tenancy mid-October. The amount of control a landlord has over deposits is very frustrating and often they seem to think the money belongs to them...or are told so by agents.

Original poster

Croft1971 · 09/01/2019 17:45

So went round to the house earlier. Surprised to see all lights on and even more so to see a decorator painting the downstairs walls!

Apart from being a bit that yet another person has not obtained permission to enter what is
Contractually still 'our' house I don't (think) I have an issue per se with the decorating. But where does this now leave us with any dispute over the deposit.

Landlord moaned about walls yet doesn't give any opportunity for us to potentially put right (not that we would anyway as firmly believe the marks are wear and tear).

Wondering what the legal situation might be.

OP posts:

origamiwarrior · 09/01/2019 17:58

Very cheeky! Well, either the evidence of the 'damage' has been painted over so lost forever (good result for you) or he took a photo beforehand which will show its minor nature, and that, along with the fact he has painted the whole room thus an acknowledgment that the paintwork has been subject to time-related wear and tear is also a good result for you. So I don't think this is a bad thing.

AgnesNaismith · 09/01/2019 21:18

Is your money actually in a deposit scheme?

Yes he’s massively messed up there if he wants you to pay for anything. The check out must be done on or soon after the last date of tenancy. Please be there and please take pictures. If he’s being a dick and it goes to adjudication there’s no way he’d win. The way he’s acting though I’m concerned where your deposit currently is....did he tell you which scheme he’s put it in?

Original poster

Croft1971 · 10/01/2019 18:35

Meeting LL for final inspection tomorrow but unclear if letting agent will also be there. Do I need to ask?

OP posts:

Original poster

Croft1971 · 11/01/2019 12:27

If anyone is still around....

If the agent raises concerns at final inspection am I expected to agree/disagree there and then? Or do I just take note/photos and say I'll refer back??

OP posts:

fruitbrewhaha · 11/01/2019 12:37

Well he has panted over it now, keep fighting I say.
Yep take notes and photos, and say you will discuss over the weekend and get back to them on Monday, if that is what you would rather say.

Alternatively tell them there and then, no, you will not be paying for the painting, as you didn't damage the wall, and it was not newly painted when you moved it.

Teddyreddy · 11/01/2019 17:17

What is the agent who did the inventory or an independent 3rd party?

If you find your paperwork and check which deposit scheme you are with, mine had advice for tenants on how to start a dispute and I think it included what to do if you don't agree with their inspection. If yours doesn't, check the website of a couple of the other deposit schemes and I suspect somewhere like shelter might help. You also want to find and check your check in inventory / any photos you took.

I'd probably also put in writing to them that your tenancy only ended today, but you are aware that numerous trades people have been in and out which you don't seem to have been given the 24 hours notice required by your contract and clearly can't be held responsible for any damage they have caused. I think they have 10 days to give you a copy of the check out inventory and let you know of any deductions, it may be worth reminding them of this.

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