Blooming landlord is doing my nut in. Problem with my bond

sarah1980

barnaby-bear wrote: »

Oh my god :eek: Amature LL alert.... properties CAN'T be blacklisted - credit ratings are associated with people and have been for many many years.... the utility contract is between the tenant and the company you have no legal right to withold a deposit on those grounds....

Sorry, this applies to the phoneline and this is exactly what happened with BT. They blacklisted our address. Perhaps I should have clarified it was not a utility company But they definitely blacklisted the address unfortunately!

sarah1980

barnaby-bear wrote: »

Wrong again - not the condition it was let - they have to allow for fair wear and tear (they even get a tax discount for this)

Sorry I worded this incorrectly. I realise there is an allowance for wear and tear, I was referring to stains/breakages etc.

sarah1980

olly300 wrote: »

Sarah1980 I think you need to join a professional landlords association, or search and read more threads on here.

There are things you can legally get the tenant to do but you need to get your contracts worded correctly to avoid trouble. Also there are things, while they may be legally the tenants responsibility, you are better of doing yourself.

Thanks for the advice Olly, we use a LA who draws up the contract for us, they are a member of ARLA so I am surprised if the agreement contains unfair terms! :mad:

Microstar_2

sarah1980 wrote: »

we use a LA who draws up the contract for us, they are a member of ARLA so I am surprised if the agreement contains unfair terms! :mad:

Don't be

RichPenny

Microstar wrote: »

Don't be

Agreed, my current contract states that the carpets must be cleaned by a company of the agents choosing, despite them not being clean on moving in. There are other clauses which are similarly unfair, including one such as yours stating that utility bill payments need to be proven. I will be sending a copy of the contract to a few people once I am out to see if anything can be done about this.

Premier_2

barnaby-bear wrote: »

Wrong again - not the condition it was let - they have to allow for fair wear and tear (they even get a tax discount for this)

There is no specific tax discount for wear & tear afaik, although the cost incurred in maintenance, repairs and renewals can be used to offset rental income on which tax is payable.

Bungarm2001

I get a tax allowance for depreciation of furniture etc...not the same thing then I suppose?

Premier_2

Only if the property is fully furnished, a LL can claim a 10% wear & tear allowance from net income for furniture etc, - but then gives up the opportunity to make deductions for cost of renewals of that furniture, etc. The LL can choose which scheme he wants to use, but must then stick to it.

The 10% deduction is given to cover the sort of plant and machinery assets that a tenant or owner-occupier would normally provide in unfurnished accommodation.

These are things like:

• movable furniture or furnishings, such as beds or suites,
• televisions,
• fridges and freezers,
• carpets and floor-coverings,
• curtains,
• linen,
• crockery or cutlery,
• plant and machinery chattels of a type which, in unfurnished accommodation, a tenant would normally provide for himself (for example, cookers, washing machines, dishwashers).

This list isn’t meant to be complete but gives an idea of the assets the wear and tear allowances covers.

http://www.hmrc.gov.uk/manuals/pimmanual/PIM3200.htm


The 10% wear & tear allowance is not available where the property is let on an unfurnished or part furnished basis.

NUFCnutter

Just to let you guys know, I sent the letter to the LL on Wednesday and it was recorded as "delivered" yesterday.

NUFCnutter

I have had no reply so I have sent another letter, basically saying that I am disappointed that he has not replied, either in person or through his agent, and so I am left with no decision but to refer it to the courts to settle.