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Leaving a rental - deposit expectations

41 replies

Puzzledtenant · 02/12/2020 10:38

Hi, we've just moved out of our rented house (to owning one so no issues about next tenancy/reference etc just to be clear) and not sure if landlord is being unreasonable about expectations for deductions from deposit.

We lived there for 8 years, we were expecting this would have some bearing on the expected property state, wear and tear etc, is this right? Landlord seems to be expecting property back in the condition as if we'd only been in 6 months or so.

Landlord wants carpets professionally cleaned when this is not mentioned in tenancy agreement and they are as clean as you'd normally expect, vacuumed etc, but obviously have 8 years of being used.

On 2 walls the wallpaper has damage from where furniture rubbed against it and we weren't aware until we moved and so moved the furniture. Landlord is charging to completely repaper both walls - I agree we should contribute as we're liable to 'repair' them but paying for completely new wallpaper for all of both walls when it's only 2 drops that need replacing seems excessive. Of course we understand landlord will probably want to repaper all the wall to make sure it matches but again, surely we're not responsible for 8 years of fading/ageing of the non-damaged paper so shouldn't be paying for LL to get new paper?

We'll be going through DPS anyway but wanted an idea of what would be fair to pay for/towards or not.

Also to muddy the waters our tenancy agreement refers to agreeing the inventory but unless we've forgotten something we never actually had an inventory given or signed anything so would it be unreasonable to ask the LL to prove what the property condition was when we moved in?

OP posts:
TeachesOfPeaches · 02/12/2020 14:31

If I was you I would have said the scuffs were already there when I moved in and denied all knowledge as there isn't any proof but you've already admitted to
It now. Don't agree to anything else and let it go to dispute as the landlord will have to provide non-existent evidence. Carpets will fall under reasonable wear and tear due to 8 years at the property.

Tempusfudgeit · 02/12/2020 14:31

That will be more than enough. It's just outrageous that you have to wait several weeks now for your money. Congratulations on your new house, BTW!

TeachesOfPeaches · 02/12/2020 14:33

Why should you pay £140 out of 'goodwill', goodwill for what? You've paid rent for 8 years!

Puzzledtenant · 02/12/2020 14:38

I felt like we should pay for where we've damaged the wallpaper, was only small gouges but gouges nonetheless and although we cleaned well for 'normal' life it wasn't professional clean so bits like that I felt we should give something but I put it as 'goodwill' so we weren't admitting to anything he could use to push the amount up.

OP posts:
Puzzledtenant · 02/12/2020 14:40

@Tempusfudgeit

That will be more than enough. It's just outrageous that you have to wait several weeks now for your money. Congratulations on your new house, BTW!
Thank you! I'm sure there are some fab landlords on here so no offence but will be lovely not to have a landlord anymore!
OP posts:
Flowerpot345 · 02/12/2020 14:40

When I used to rent I had a landlord trying to 'negotiate' with me, there was nothing wrong with the property, she made up all sorts of nonsense which really shocked me as she came across so lovely when I rented off of her.
She even thought she should be able to charge me for a new fence she put in the garden she told me I was lucky that she hadn't put it in the claim.Confused
Some people get really greedy when they are landlords unfortunately.
I had photos of proof I had even repainted and she tried to pretend that there were marks all over the walls (she wouldn't have had a leg to stand on anyway as that would come down to fair wear and tear.)
Alot of things come under fair wear and tear.
You only aren't going to get your money back if you smashed up the place and cause actual damage.

I got all of my money back, I was so pleased, The DPS are there to protect you from being ripped off by the landlord and I felt in my case that certainly worked out.

LondonStone · 02/12/2020 14:41

I would probably pay the £140 for an easy life but I can see the injustice in it, why should you have to? On the other hand, how long will a dispute drag on for and how much time/emotional labour will you have to invest in it? I’d just make it clear in writing you are doing it as a goodwill gesture but believe it was fair wear and tear.

Landlords are cheeky fuckers, how many of us move into unclean properties and are then expected to leave it professionally cleaned? I’ve never ever moved into [what looks like] a professionally cleaned property imo. We cleaned our last apartment ourselves and on leaving the inventory woman went round exclaiming how clean it was and she “could tell the difference between a professional clean and someone who did it themselves” Grin

TeachesOfPeaches · 02/12/2020 14:42

Please see the recent report from DPS and why they rewarded me 100%.

Leaving a rental - deposit expectations
TeachesOfPeaches · 02/12/2020 14:43

I've been through the dispute process twice and got all my money back twice. Don't be bullied.

Flowerpot345 · 02/12/2020 14:47

I also agree don't be bullied, let them raise a dispute it doesn't take long for DPS to make their decision, I would have thought you would get all your money back.

HedgieHog · 02/12/2020 14:51

This could be me as I’m approaching 8 years.
I asked about getting the place decorated and was told no, it’s looking tired so interesting people think it’s acceptable after 5 years
Isn’t there a law or rule after 7 years re wear and tear? I read it a bit ago
Glad op is sorted but Id have hung out for less

ForeverBubblegum · 02/12/2020 14:55

For the flat we rent we have a schedule of when we would be renewing (5 years for paint/paper, 10 years for floor/kitchen etc). If a tenant does enough damage that we have to bring any jobs forward, they are changed proportionately to the amount of time.

Eg. If a room was newly decorated and they trashed it within a 1 year tenancy, I'd charge them 4/5 the cost of redecorating 4 years early.

In your case I would not charge at all for the wallpaper as after 8 years it is overdue been done anyway. If the carpet was brand new and now needs replacing I might charge 20% (2 years early on 10 year lifespan) but if it's normal levels of clean and still usable I wouldn't charge.

EmptyOrchestra · 02/12/2020 16:43

But your personal schedule as a landlord won’t matter one bit to the DPS, as there is no such time scale legally. Unless the carpet is actually damaged, and unless the landlord can prove that the carpet was in perfect condition when they moved in, they won’t deduct anything. General wear and tear over 8 years definitely won’t get a deduction.

OP, he is massively taking the piss and I would be tempted to say you’ve investigated your rights further and will be requesting your full deposit back from DPS and he’s welcome to dispute it.

I’ve been an accidental landlord temporarily after my mum died and it’s so stressful but the tenants are basically buying you a property or paying you a pension, the costs of updating or redecorating are not their responsibility. Some landlords seem to think they should get lots of money from you and do bugger all in return.

Mydogisagentleman · 02/12/2020 17:47

If you were my tenants I would kiss you on the lips and buy you dinner.
Our last ones did a bunk!
They had lived there for two years. Moved into a freshly painted and carpeted house.
We found out that they had gone back to their home country when we got a council tax demand.
Me and my DH spent a week repainting every room, replacing the carpet in three bedrooms and scrubbing, having 2 walls replastered and getting the year old boiler sorted out. The man thought it was noisy and disconnected something.
A lot of the fault lies with the agents and we have had to swallow the loss of more than £15000

DiesalFive · 02/12/2020 22:09

I'm a LL and I wouldn't deduct a penny from your deposit, you describe expected wear and tear only and I think you're being very generous to offer £140!

So sorry there are shitty, greedy landlords out there.

desperatehousewife21 · 03/12/2020 18:45

We moved out of our rental last year, we’d been there for 5 years and the agents basically bullied us into paying for the repaint of about 5 rooms which, looking back was just general wear and tear. We hadn’t got any huge, obvious marks and they just wanted a free paint job between every tenant. It was in their list of rules Hmm we received when we gave our notice. Although I know for a fact it wasn’t freshly painted when we moved in.

Trouble is I’m pathetic and didn’t stand up to them, they were horrible bullyish women and I did the check out tour on my own so just nodded and let them demand a repaint.

Cost us £300 of our £1200 deposit Sad really wish I’d just said no, stuck 2 fingers up and requested it all back through DPS. Ah well, you live and learn and hopefully won’t ever have to go through that again.

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