Getting deposit back from the Landlord

mluton

An independant has to carry out the final inspection, the landlord cannot do this.

N79

mluton wrote: »

An independant has to carry out the final inspection, the landlord cannot do this.

Um - no. Anyone can conduct the final inspection. Obviously a report prepared by the LL and disputed by the T is unlikely to carry much weight. If LL conducts inspection and T agrees with it then this would be fine.

Wickedkitten

Who is K Spriggs?

System

Wickedkitten wrote: »

Who is K Spriggs?

Some sort of cleaner i think! Thanks for all your input guys. It sounds like he is going to have to pay it and try and get the other 2 jokers to chip in. They have told him they are going to arbitrate the matter with the Landlord and are talking about the small claims court but to be honest I don't think he's got a leg to stand on. The place sounds filthy!

tbs624

goater78 wrote: »

Hi

A friend of mine has just moved out of a 4 bedroom rental house. Someone else moved out as well and 2 have stayed. The landlord has gone through the whole house and taken there whole deposits off them both because the house is a mess in his words. It is going to cost him £1000 to fix everything and there deposits were £500 each. I was wondering if this was fair considering there are 4 people in the house so it seems unfair that the two who are leaving have to pay for all the costs that the 4 have met. I have also included the whole list if someone could look at it and see if its fair?

Windows, sills and glass dirty, inside and out. Cleaned by K SpriggsBlocked toilet and drain caused by Saniflow pump being turned off by tenants:Labour charge to unblock£50.00Living roomRug stained and dirty with cigarette burns (needs to be replaced)Replace: £35.00Stair carpet stained and dirty (to the point of having to be replaced)Stains to armchair and sofaCleaning£170.006 bulbs to be replaced£18.00Blinds dustyKitchen/conservatory9 bulbs to be replaced£27.00Oven dirty, bottom section not cleaned at all, knobs covered in greaseArea round oven greasyKick boards greasy/dirtyBulb blown in extractor£5.00Cupboards dirty inside2 knobs missing from kitchen doorsDecorative end of cabinets chipped badly - needs replacing(Cannot replace parts, only complete end). Cost:£282.92Labour£100.00Beech worktop badly stained - needs refurbishment£100.00Floor dirtyKitchen table dirtyChairs stained and dirtyIncuded in cleaning charge for upholsteryWet roomShower limescaled and dirtyTaps limescaled and dirtyShower spray holder brokenLabour to establish cause:£20.00Part£21.70Labour to fit£20.00Hari's bedroomBlind and surfaces dustyHeadboard brokenNo chargeBathroomShower head and rail not cleanTaps dirtyTim's roomLight shade dustyCleaning charges from Kevin Spriggs for all of above£140.00Total£989.62

Goater - we obviously only get one side of the story on here and it does sound as though your mate and the other T haven't done themselves any favours. However:

1. Was an inventory done when your friend moved *in* to the property? A T can *only* be asked to return a property in the same condition as let, save for fair wear and tear ( although note that FW&T does not include damage or dirt) I would agree with N79 on lightbulbs but I think there are some costs will sound excessive and you friend shouldperhaps challenge the LL. £140 for cleaning dusty bedroom surfaces, dusty lightshade and a shower head, rail, & taps sounds steep to me. Ditto 60 odd quid for sorting a broken shower spray holder. A beech worktop, if a solid one, is *likely* to become stained over time and require treatment to restore it: unless the Ts actions or omissions caused specific damage then the LL cannot charge the full costs to the T. The same for for replacement value of things like rugs and carpets - the LL has to allow for the age of these items and for their average life within a tenanted property. Were the windows clean inside and out at the start of the tenancy?

2. If this property is in Eng/Wales and the tenancy deposit was received by the LL after 6 April 2007 then it should be scheme registered and "prescribed info" given to the Ts. If the LL has failed to do this then the Ts can take action for the recovery of their deposit in full, plus request the court to order a penalty payment by the LL of 3x the deposit amount ( if the LL fails to register the deposit or return it prior to the court hearing).

Either way, a T can challenge a LL on proposed deductions: via the courts or through the tenancy deposit scheme as appropriate. Your friend should do everything in writing, by recorded delivery and keep copies.He may feel it is appropriate to offer to meet the parts of the costs which *are* perhaps justified whilst disputing/seeking compromise with the LL on others..

System

tbs624 wrote: »

Goater - we obviously only get one side of the story on here and it does sound as though your mate and the other T hasn't done themselves any favours. However:

1. Was an inventory done when your friend moved *in* to the property? A T can *only* be asked to return a property in the same condition as let, save for fair wear and tear ( although note that FW&T does not include damage or dirt) I would agree with N79 on lightbulbs but I think there are some costs will sound excessive and you friend shouldperhaps challenge the LL. £140 for cleaning dusty bedroom surfaces, dusty lightshade and a shower head, rail, & taps sounds steep to me. Ditto 60 odd quid for sorting a broken shower spray holder. A beech worktop, if a solid one, is *likely* to become stained over time and require treatment to restore it: unless the Ts actions or omissions caused specific damage then the LL cannot charge the full costs to the T. The same for for replacement value of things like rugs and carpets - the LL has to allow for the age of these items and for their average life within a tenanted property. Were the windows clean inside and out at the start of the tenancy?

2. If this property is in Eng/Wales and the tenancy deposit was received by the LL after 6 April 2007 then it should be scheme registered and "prescribed info" given to the Ts. If the LL has failed to do this then the Ts can take action for the recovery of their deposit in full, plus request the court to order a penalty payment by the LL of 3x the deposit amount ( if the LL fails to register the deposit or return it prior to the court hearing).

Either way, a T can challenge a LL on proposed deductions: via the courts or through the tenancy deposit scheme as appropriate. Your friend should do everything in writing, by recorded delivery and keep copies.He may feel it is appropriate to offer to meet the parts of the costs which *are* perhaps justified whilst disputing/seeking compromise with the LL on others..

This is where it gets a bit confusing as he took over someones lease who wanted to leave early and had three months left. So he never got an inventory of what was in the house etc. Although the house does sound messy i do think things like a dusty lampshade are just a bit petty and i think they are going to appeal through the tenancy deposit scheme. I will let you all know what the result is. Thanks for the advice

System

Hi Theres been a new development. Originally two of them moved out at the same time and the bill was split between the two of them. However one of the two never signed the inventory and so the landlord has handed back most of his deposit. However he is now trying to get my friend to not only surrender his whole deposit but to write a cheque to cover the shortfall that has now arisen (another £300). My friend is obviously going to refuse to pay this but is he liable as it doesn't seem fair in a 4 person shared house only one person is being charged most of the money just because he was the first to move out!

tbs624

You still haven't said whether all four tenants are signed up to one contract or whether they each signed an individual one?

Are these T's all students btw?

System

Sorry they all have individual tenancy agreements as some of them were already there when my friend moved in. Also they are not students they are all in there late 20's early 30's. Although I must admit it does sound like a student house!