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What can I claim from tenants deposit?

Hi All,

My tenants moved out yesterday & I have just been round to inspect the property & found these problems:

1. In the bedroom they put up blinds & have left a total of 8 holes where the screws were.

2. The corner of the loft hatch door is broken & will need replacing

3. The grass in the rear garden is like a jungle & probably hasn't been cut in months (I left them a lawnmower)

4. Computer table I left has obviously been dismantled & then put back together again but a shelf has been badly damaged & if you put anything on it the table will collapse.

5. I found notice there has been damage to the walls but they have tried to paint over it, but didn't use exactly the same colour.


I haven't spoken to my LA yet & there are also going to send someone round to check it out.

Now can I claim for the above damages, if so how much is a reasonable amount for each? Or do I have to wait for the LA inspection outcome?

Lastly my LA said they will check if the bills have been paid - do I trust them to do it?

Thanks a lot!
«1

Comments

  • Let the check out inventory clerk sort it out for you. They should also be able to assign a value to each of the deficient items. There is no point fixing anything until they come, else how else to prove anything was amiss in the first place?
    Signature on holiday for two weeks
  • SquatNow
    SquatNow Posts: 2,285 Forumite
    jammy78 wrote: »
    Hi All,

    My tenants moved out yesterday & I have just been round to inspect the property & found these problems:

    1. In the bedroom they put up blinds & have left a total of 8 holes where the screws were. 1/2 hour job for a decorator. Get 3 quote, use the cheapest.

    2. The corner of the loft hatch door is broken & will need replacing. Wear and Tear

    3. The grass in the rear garden is like a jungle & probably hasn't been cut in months (I left them a lawnmower) 1/2 hour job for a gardener, get 3 quotes, use the cheapest.

    4. Computer table I left has obviously been dismantled & then put back together again but a shelf has been badly damaged & if you put anything on it the table will collapse. Will be a percentage of the purchase price of the item, based upon age. If it's over 5 years old, forget it.

    5. I found notice there has been damage to the walls but they have tried to paint over it, but didn't use exactly the same colour. Wear and Tear

    For the gardener/decorator make sure you get COMPETETIVE quotes else they could be contested.
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • Did the tenancy agreement state that tenants must cut the grass?
  • SquatNow
    SquatNow Posts: 2,285 Forumite
    Did the tenancy agreement state that tenants must cut the grass?

    The tennant should leave the garden, like the rest of the property, in the state it was when they arrived.

    If I was the LL I would just mow it myself though.... it's simply not worth arguing over it.
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • SquatNow wrote: »
    The tennant should leave the garden, like the rest of the property, in the state it was when they arrived.

    If I was the LL I would just mow it myself though.... it's simply not worth arguing over it.

    But I moved in in June and the plants in the garden had leaves on them, where do I buy new leaves to stick on the plants when I leave in December? :confused:
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Jammy - do you have an inventory from the start of the tenancy, signed by both parties?

    When did you /your LA last inspect the property?

    Have you scheme-registered the tenants' deposit?
  • jammy78
    jammy78 Posts: 133 Forumite
    tbs624 wrote: »
    Jammy - do you have an inventory from the start of the tenancy, signed by both parties?

    When did you /your LA last inspect the property?

    Have you scheme-registered the tenants' deposit?

    Yes I had done a full inventory & they did sign it.

    The LA inspected the property 3 months ago & yes it's in the deposit protection service.

    Surely the loft hatch isn't wear & tear as they must have dropped it to do that damage? I can't see that being cheap to replace?!

    The computer table was only 3 months old.

    Looking at the agreement:

    To keep garden including pathways, lawns, hedges etc... neat tidy & properly tended at all times.
  • jammy78 wrote: »
    Hi All,


    1. In the bedroom they put up blinds & have left a total of 8 holes where the screws were.

    Why the holes are there why not use them to put a blind up? saves the next tenant doing the same thing and you going through ths=is at the end of the next tennancy.
    I would hate a bathroom with nothing over the windows.
    Any spelling mistakes are entirely on purpose to check you're paying attention :p
  • tbs624
    tbs624 Posts: 10,816 Forumite
    What comments did the LA make at the time of his inspection or are you/he saying that all of this only occurred in the final 3 months?
    jammy78 wrote: »
    To keep garden including pathways, lawns, hedges etc... neat tidy & properly tended at all times.
    That's way too prescriptive and would probably be challenged as an unfair contract term - you can as someone has already posted only ask a tenant to make sure that state of the garden is similar to that at the start of the tenancy. So, if you can show that the grass was well maintained at the start then the tenant should clearly have cut it before leaving: as has been suggested, get some quotes for the necessary work.

    The problem with "fair wear and tear" is that there is no firm legal definition but you have to take into account things such as the original age and condition of anything at the start of the tenancy, the ratio of its average useful lifespan to its value,what would be reasonable usage which in turn is dependent on things like how many occupants there are and how long they have lived there.

    You or the LA could initially phone the tenant and highlight the areas of concern and see what they have to say. You do have to confirm any proposed deductions in writing to them and they can obviously challenge those if they disagree. You could invite the tenants to return to sort the garden out themselves as an option.

    If it is possible to get a replacement shelf for the computer desk then that's another option.

    If you are a first time LL you should learn from this experience and arrange for either you or your LA to call round to have a chat with the tenants within the final couple of weeks so that any possible areas of dispute can be discussed and resolved before the tenants move out. If tenants are fixing blinds up it may mean that you need to provide better quality curtains in the property,although they should obviously have checked first and made good afterwards.

    You will need to also notify the scheme admin people that there is likely to be a dispute.
  • SquatNow
    SquatNow Posts: 2,285 Forumite
    jammy78 wrote: »
    Yes I had done a full inventory & they did sign it.

    The LA inspected the property 3 months ago & yes it's in the deposit protection service.

    Surely the loft hatch isn't wear & tear as they must have dropped it to do that damage? I can't see that being cheap to replace?!

    The computer table was only 3 months old.

    Looking at the agreement:

    To keep garden including pathways, lawns, hedges etc... neat tidy & properly tended at all times.

    How can you DROP a loft hatch?

    They are normally attached to the ceiling....?
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
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