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Landlord wont return my deposit

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Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    read eagerlearners thread on here - you may decide not to bother pursuing him
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    There is no requirement for a tenant to be present at check-out.

    The landlord is entitled to make deductions for any damage that isn't fair wear and tear. A basic definition of fair wear and tear is natural deterioration under normal usage so this covers things like sunlight fading curtains and a carpet thinning around door passages but excludes things like stains, burns, tears, dents and dirt, for example. It doesn't cover being given a clean property, newly carpeted and decorated and handing it back in a filthy condition.

    The length of your tenancy, the size of the property, your inability to afford to have the carpets professionally cleaned, your need to have money for your next landlord, your purchase of bulbs and a rug, the fact that you are a smoker and the colour of the furnishing is a total irrelevance to your obligation to return the property back to the landlord in its original condition less fair wear and tear.

    In addition, tenants are expected to perform simple tasks that belong to all householders, including changing bulbs. Therefore, dirty walls, carpets, blinds and cooker are your responsibility. The problem with the bulbs is your responsibility. All of these would be valid deductions.

    In my area, the cost of cleaning a small flat by a professional cleaning company can cost a couple of hundred pounds, plus £60 for the cooker. By the time you throw in a proportional charge for carpet replacement and redecoration, that could also add on a couple more hundred pounds.

    Your landlord should not be charging new replacement costs for old (a practice known as betterment) and should take into account the condition and age of the items affected. You could ask for receipts/quotes to justify the deductions. You will find the Shelter website helpful for information on how to dispute deductions and take legal action to challenge it.
  • sooz
    sooz Posts: 4,560 Forumite
    Your LL doesn't have to do a check out inventory with you. Did you have a check in inventory? If not, there is nothing to compare it to. If you did, he should have written to you with his findings within a reasonable time, & with quotes for repairs/cleaning etc.
    Tbs is right, if your carpet was new, & is beyond cleaning, whilst he can replace it you should not be responsible for the whole cost after 3 years. It depends on the life span of the carpet, but a cheap one is usually around 5 years. So he could ask you to pay 2/5 of the quote for a new one.
    Light bulbs are your responsibility. As is dirt. 3 years, small room & a smoker...I dread to think what the place looked & smelt like :o
  • tbh knwoing the average cost of cleaning and decorating charges as Jowo has also mentioned, then your landlords deductions seem pretty reasonable to me. As previous posters have stated dirt and smoke smells/damage are not fair wear & tear and they are your responsibility.
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