having probs with landlord - questions?

MissMoneypenny

mummy_dumpling wrote: »

Do we have to redecorate the house before we move out? The walls are all fancy papered so its not just a case of a quick coat of paint. Can they come back at us for more money to do any decorating they deem necessary? Or is that covered by the deposit? (which we're not planning on getting back as they will be looking for excuses to keep it)


Are we liable for any of these? What is the worst the LL can do if he's not happy?

thanks

Your landlord needed to do an inventory when you moved in, signed by both you and the landlord. Did he?



"Under the terms of the tenancy agreement, the tenant is required to return the property and contents at the end of the tenancy in the same condition as they were at the commencement, fair wear and tear accepted. It is almost impossible to ascertain whether damage was caused during a tenancy without a proper inventory signed by all relevant parties"

http://www.merseyside-property.com/landlords

honeyD

Wickedkitten wrote: »

You have to give notice a month in advance of you leaving so if your tenancy ends on the 23rd of May, you would have had to give them written notice on the 23rd of April.

Im not sure this is right. Ive been reading a lot of these threads for a while now and if I remember correctly you dont have to give notice for leaving if the tenancy ends but it is polite to do so. Im sure someone will be around soon to correct me if I am wrong!

bobby-boy_2

Hi Honey D you are correct you don't need written notice if its the end of the AST but you do need written notice if it's a periodic tenancy thats rolled over after then end of your AST.

As for moving out and keeping the keys to go back and clean, you can do this as long as its still whintin the AST as you still lease the property and are paying rent until the end of the contract.

Gwhiz

I think you do need to give written confirmation. Otherwise the AST rolls over to a periodic agreement.

mummy_dumpling

we pay our rent a month in advance and have already paid May's rent (we have a DD set up) so we should be ok to go back and clean/tidy up before 23 May (end of tenancy)?

we will give written confirmation to our LL once we have a completion date for our new house.

we didn't have an inventory when we moved in. its unfurnished, are inventories just for furnished properties? all we signed was the 12m tenancy agreement.

tbs624

Gwhiz wrote: »

I think you do need to give written confirmation. Otherwise the AST rolls over to a periodic agreement.

No, it would only become a statutory periodic tenancy if the T failed to move out by the Fixed Term expiry date and no new contract had been signed. It is courteous for a T to let a LL know that they will be leaving upon expiry, & it gives both parties chance to discuss any deposit return issues, but the T can just simply vacate on the appropriate date.

If the tenancy is in Scotland, things are slightly different because of the doctrine of "tacit relocation"

tbs624

mummy_dumpling wrote: »

we pay our rent a month in advance and have already paid May's rent (we have a DD set up) so we should be ok to go back and clean/tidy up before 23 May (end of tenancy)?

The property remains available to you until the expiry of the Fixed term.

mummy_dumpling wrote: »

...we didn't have an inventory when we moved in. its unfurnished, are inventories just for furnished properties? all we signed was the 12m tenancy agreement.

No, an inventory is a statement of the property's condition, which would obviously include any contents if it had been provided as furnished.

It is usual for a decent inventory to list the state of the floorings, the colour of the walls, whether they are painted or wallpapered, whether there was any scuffing etc, the state of things like curtains, curtain fittings, light fittings, door furniture, doors & other painted or varnished surfaces, bathroom suites, kitchen units & worktops, the garden etc at the start of the tenancy. The LL can only ask you to return the property in the same condition as originally let, save for fair wear and tear, as N79 has said. FW&T does *not* include dirt or damage. If there was no inventory signed by both parties at the beginning of the tenancy then the LL may struggle to adequately demonstrate the original condition.

tbs624

mummy_dumpling wrote: »

... Or is that covered by the deposit? (which we're not planning on getting back as they will be looking for excuses to keep it)..

The LL cannot unilaterally decide to retain your deposit - they have to give you written confirmation of any proposed deductions and you can then challenge them via the courts, or the tenancy deposit scheme, if you cannot reach amicable agreement.

It would be in your interest now to get written confirmation (even if only via email) if your deposit was *not* scheme-registered (assuming you are in Eng/Wales). See here

Your LL can still register the deposit now and avoid being ordered by the courts to either scheme register it immediately or return it to you in full plus paying you a 3x deposit amount penalty for failing to do so originally, and in case he does have evidence of the state of the property from the start of the tenancy you may want to bear some of the things below in mind:

mummy_dumpling wrote: »

What about damp/mildew patches on the walls? (living room and one of the bedrooms)..

A LL's repairing obligations effectively begin once a T has notified them of the problem in writing - you have a duty to behave in a "tenant-like manner"& to report this type of thing. Do you keep the property well ventilated and do you avoid hanging lots of wet washing indoors on racks and radiators? The LL can look to you to pay for damage that may have been worsened by your own actions or ommissions and that would include failing to report damp problems. There are proprietary mildew killers available in supermarkets but you'd need to test them on an inconpicuous part of the wall first.

mummy_dumpling wrote: »

And screw holes in walls where tall bookcases have been secured? ..

You should have sought the LLs written permission to do this and in fairness you should now arrange for appropriate repairs to be made.

mummy_dumpling wrote: »

The only thing thats been damaged is that a bit of the cheap plastic bath panel has broken off as one of the kids must have sat on the corner of the bath and the panels move (its not secured properly or supported at all in that corner) - the bathroom was newly fitted when we moved in.

It would probably work out cheaper for you to just replace the bath panel "like for like" yourselves before you move out, rather than have an extended dispute over this one.

mummy_dumpling

thanks for your replies

we asked in the LLs office before we put up the bookcases and was told it would be OK but now they've decided that we didn't have permission to put them up - we didn't get anything in writing unfortunately

we didn't notice the mildew patches until recently as they were behind some furniture that we moved, not sure how long they've been there. I only use outside washing line or tumble dryer to dry my clothes - no damp clothes hanging around. its hard to get adequate ventilation in our living room as the window at one end of the room doesn't open - never has, we reported it when we moved in and they couldn't/wouldn't fix it cos it looked like they'd have to replace window.