Leaving a private rental property

roseymoo

Im sorry if the question has been asked before but please can someone help.

I have just left a privately rented property (that was rented of my old bosses sister after leaving which i lost my job) which i (and my partner and 2 yr old daughter) lived in for 2 years, there was never a bond to pay. When i left the property i went round and cleaned it myself but even after this there were some marks on the carpet and it probably needed painted but as this seemed to just be wear and tear i did not do it. Now i have been informed by the land lady that they will be billing me for the carpets to be cleaned and for profesional decorators. ( also the marks on the carpets are just on the high traffic areas ) I dont know what to do i dont think i should have to pay it but i dont want to have to go to court. Basicly what i am asking is do they have the right to make me pay?

N79

You need to give us more information about the marks. Stains on the carpet are not fair wear and tear and you should pay for the cleaning. If the marks are due to normal traffic (ie walking) on the carpet then that is fair wear and tear and you do not need to pay.

The same is true of the walls. If your kids have drawn on them or you have spilt something on the wall then that is not fair wear and tear and you should pay for the walls to be repaired. However, if we are talking about the natural fading of paint over time or a couple of minor scuff marks (eg from moving furniture) then this is fair wear and tear.

roseymoo

The marks are just a genral greying on the areas which have been walked on the carpets are cream so it shows up. The walls dont have any marks on them they are just magnolia and look sort of grubby but there are no difined marks on them.

N79

That sounds like fair wear and tear. Your LL would need to take you to court for the money. If they don't have signed inventories from when you moved in and out then they have not got much chance of success.

roseymoo

Thats put my mind at rest to be honest i dont think they would want to take me to court anyway because i dont think the lender knows that the property is let out.

Premier_2

Dirt is not wear & tear. If it can be cleaned, it is not wear & tear. You should have cleaned it, got professionals to clean it or you are liable for the reasonable costs of the LL getting it cleaned. The property should have been returned in the same condition as it was originally let (fair wear & tear excepted)

You cannot be held responsible for the repainting, based on the fact you imply the paintwork isn't actually 'damaged' as such. If the 'dulling' is due to atmospheric conditions, sunlight exposure, etc, then this would be wear & tear.

The LL can invoice you for the cleaning, and if you don't pay, can take court action to pursue the claim. The mortgage lender on the property will not be involved.

N79

Exactly Premier. If the discolouration of the carpet is due to traffic (ie the flattening of the pile over time in areas which receive high traffic) then that is fair wear and tear.

Premier_2

N79 wrote: »

Exactly Premier. If the discolouration of the carpet is due to traffic (ie the flattening of the pile over time in areas which receive high traffic) then that is fair wear and tear.

...and so won't change by being professionally cleaned.

If the cleaning removes the marks, then it's dirt.

tbs624

Rosey - has the LL given you written confirmation of the proposed deductions?

I know you said that no bond was payable but was there an inventory - a list showing the condition of the property/furnishings etc - done at the start of your tenancy?

sandra_nz

If there was no condition report/inventory completed and signed by both yourself and your landlord at the beginning of the tenancy, I suspect it will be rather difficult for your landlord to prove that you damaged the property.

Having said that, I have always brought in cleaners to give the house a good clean when I have vacated the property as a courtesy to the landlord. Bascially had the cleaners clean the carpets, wipe down walls, clean window and clean the oven.

I would strongly suggest you correspond with your ex-landlord in writing so as to keep records of what they are claiming and what your response has been.

I think your initial letter should state that you are writing with regards the landlords intent to bill you for cleaning costs, that you feel you left the property in the same condition in which you started your tenancy, accounting for normal wear and tear, and that you gave the property a good clean up before leaving (state the various things you did, e.g. vacuuming carpets, cleaning windows, etc). If you coudl find some way of noting that no condition report was done and signed by both parties at the beginning of the tenancy, that would be good to.

Then see what the landlord does.

roseymoo

all correspondence has been via email. I did have a chap in to look at the carpets before i left he said there cream and cheap they will never look perfect.

There was never in inventory done on the property. The wear on the carpet is only in the living room and dinning room where people have walked.