Tenant has changed carpet, door and curtains!!

[Member786488]

He’s leaving tomorrow as was served a s.21 in July, my daughter is moving in.

he’s just told me how much he’s ‘improved’ the flat - he’s put in a horrible cheap grey fluffy carpet over a lovely, hard wearing, (expensive) and neutral one, he’s put a couple of doors in because he ‘doesn’t like open plan’, and my (again, neutral) blinds and curtains have been replaced with dark red things.

his deposit is £860. I don’t want to have an uncomfortable conversation but I think I’m going to have to. What’s reasonable here?

I can’t believe he did all that without asking!

Was he an otherwise good tenant?
If so, I’d let it go.

Doors can be easily taken off, curtains can easily be replaced and then it’s just the carpet which isn’t a big deal.
Its different if he had damaged the property.

He’s having to move out of his home so your DD can move in.
The least you can do is let him have his deposit back.

OP, you said:
"Dont you have a say? The agent who holds it said he gets back the amount he and I decide, unless I’ve misunderstood?"

Who is this 'agent' and where did you find them?
If they really haven't told you about the legal requirement to put tenants' deposits into a properly registered tenancy deposit scheme they have done you a huge disservice, and put you at risk of having to pay out thousands of £s in compensation to the old man. If I were you, i would be refusing to pay this 'agent' for his shitty services. And leaving the evicted tenant alone. Please don't rent out any more properties if you're not prepared to do the basic research needed to ensure you act within the law.

I was interested enough to look this up from a legal perspective. It said 'when you let a house it becomes the tenants home. A landlord cannot enter the property without the tenants consent and they must give 24 hours notice of their intentions'

The 'elderly vulnerable' man should have asked for permission to have doors put in and to change the carpet. In this instance if I could afford it I'd just be happy if the property was generally well maintained and let it go.

Tenants are not allowed to do this without permission IMHO.

It’s always the same on here. Ignorant landlords and tenants who don’t know their rights.

How does one put doors in an open plan flat? If there’s nowhere for the doors to go?

I had a tenant who PAINTED a beige bedroom carpet black. No kidding.

We discovered the paint during the insurance claim process after she set the flat on fire with a candle next to the curtains.

I just want to say that you sound like a lovely landlord letting him keep his dog and liaising with housing officials to help secure him accommodation.

Hope his “improvements” aren’t too bad.

If he’s put in doors in an open plan flat, then presumably that includes door frames - which will leave damage when they’re removed. If he didn’t like open plan when he viewed, he should have looked elsewhere. Hopefully the carpet can be removed and he’s kept the original blinds and curtains. But all of it should be rectified at his expense, which will hopefully teach him a lesson for his next let. In what world do you instal doors and door frames in a rented open plan flat, at all, let alone without the landlords’ permission.

You must have money then to throw away. If you and tenant cannot agree then you fill in a form detailing the problems and send it in. It's not complicated.

People shouldn't be allowed to rent out properties without being aware of the laws regarding tenant's rights. Particularly with regard to deposits.

You're ignorant of the law OP, if you think it's simply up to you and 'the agent' to make decisions about this man's money. Bad form.

For this alone i think you should return his deposit asap and back away fast.

Depends on the terms of the contract and what permission is required before making changes.
I would think that structural changes such as adding door ways would need to be put back to original condition or the cost of reinstatement to original condition deducted from the deposit.

I wish I'd thought of making some alterations when I was served with a Section 21, simply because my landlord's mother wanted to move in . I believe the law is changing soon and they won't be able to evict you for no valid reason . I even paid for a new boiler as he couldn't afford it and he paid me back over a year by reducing the rent each month . I must have had 'Sucker' stamped on my forehead !!

Do the dps not have it? The agent shouldn’t have it.

Pretty much every standard tenancy contract I have seen has had various clauses about the care of the property. Specifically they will state that no fixtures or fittings can be removed. That no decoration of any kind or 'improvements' can take place without written consent. I would be very surprised if your contract does not cover this.

I rent a house out, I have it wrote into the tenancy that they can’t change anything without permission. Do you have anything like that in the agreement?

To be fair my tenants have been there over 7 years now so they don’t bother to ask anymore as I’ve accepted I’ll need to completely redecorate, etc if they ever move out but in the first few years they would ask if they wanted to repaint or anything like that.

Glad I’m not your landlord!
Thats literally not how it works.

My London landlord took a video of the inside the apartment right infront of me when he handled the keys, he said "You need to handle it to me exactly as is when you move out, any changes and I'll keep your deposit" ("as is" beside the normal wear and tear that is). Simple.

Some posters on MNHQ hate landlords more than they hate men and that's saying something.

Good luck op, hopefully it's not too difficult to restore the flat to it original al condition.

Please remember that this was this gentleman's home. Sounds like he's made it feel like his home and invested quite a lot in making it comfortable and maintaining it, even if not to your taste. You've served him notice and evicted him when he's elderly and vulnerable, just before Christmas. Please be kind and compassionate. He doesn't have investment properties - presumably he doesn't even own one property. I know the normal response is you are not running a charity etc, but this is your opportunity to spread some love and kindness in a small way that will positively impact someone who could do with a bit of help.

The reason landlords typically decorate properties in 'drab' neutral colours is that generally speaking they are the least offensive to prospective tenants and are relatively easy to redecorate between lets. One tenants personal interior decorating tastes is another's worse nightmare. If you really want to change the carpets and wall colours, ask your landlord first.

The doors being put in sound like an improvement! Will help with noise levels and keeping the warmth in

Plastic concertina doors in a listed building are not an improvement.

You can't just withdraw money from the deposit yourself. You will have to go to the deposit protection scheme and provide evidence (I hope you have followed the law and protected the deposit...) and they will make the decision.

If your tenant is elderly and vulnerable (mental health issues?), it might be that he did not even realise that this was not allowed.

Have you simply given him instructions to remove his curtains and carpet and restore the flat as it was to give him a chance to arrange for that to be done?

If the carpet is simply put on top of your without any fixings, it should not have caused any damage to yours and the curtains can just be removed and swapped back.

The doors might actually be worth keeping.

If he has a social worker, they could potentially help with removing the stuff.

Frankly it sounds like for you the biggest thing was for him to move out of your property and that is what you should concentrate on...

I really find it worrying that so many landlords on threads like this still don't get that there is a legal obligation for them to register/protect rental deposit with an independent scheme. Any landlord not doing that has broken the law and would be liable to pay the tenant compensation. The schemes also arbitrate when there are disputes when it comes to returning deposits. It is not in the power of landlords or letting agents to decide what is to be done with the deposit at the end of the tenancy...

I swear that a tenant could come on here and post that they had thrown out all of the landlord's antique furniture, or smashed up the bathroom, or had a bonfire in the living room and it would STILL be the landlord's fault.

Of course he can't just take down her curtains and put up his own, unless he has the originals safely stored. Of course he can't put up sliding doors or bifolds or whatever. Of course he can;t just decide he doesn't like the carpet and get a new one. His age is irrelevant here - it might be his home but it is not his house to make changes to.

Don’t be so ridiculous 🙄