Cracks in walls - taken from deposit

MORPH3US

Hi,

The flat that we are currently renting has cracks in the walls. The flat is in an old mill house and the cracks seem to just have appeared, nothing that we have done (not knowingly anyway).

I'm worried that when we move out, the landlord will try and blame us for the cracks and charge us for them out of our deposit. Is there anything we can do.

Also, are marks on the walls classed as wear and tear or can she charge us for these too? I don't mean loads of marks, just the odd mark here and there where you catch a chair on the wall when moving it or something?

Oh yeah, forgot to mention we also have black patches round the windows where there has been damp. I think its because the windows don't have the air vents built in to them..

M

Debt_Free_Chick

MORPH3US wrote:

Hi,

The flat that we are currently renting has cracks in the walls. The flat is in an old mill house and the cracks seem to just have appeared, nothing that we have done (not knowingly anyway).

I'm worried that when we move out, the landlord will try and blame us for the cracks and charge us for them out of our deposit. Is there anything we can do.

Report them to the Landlord. Your lease probably requires that you report any maintenance issues to him/her anyway. If it's structural, then it's almost certainly the landlord's issue. Be fair to the landlord and let him/her know about these cracks, so they can take action and, if necessary, prevent the problem worsening.

Also, are marks on the walls classed as wear and tear or can she charge us for these too? I don't mean loads of marks, just the odd mark here and there where you catch a chair on the wall when moving it or something?

Wear & tear is normally part of the rent - everyone expects wear & tear and no tenant can be expected not to use the property they're renting. Check the lease, but there should be no charge for wear & tear. You might want to think about cleaning the marks as much as possible, without damaging the finish.

Oh yeah, forgot to mention we also have black patches round the windows where there has been damp. I think its because the windows don't have the air vents built in to them..

M

Again ... tell the landlord so he/she can consider whether or not to take any remedial action.

In these situations, it oftens helps to put yourself in the position of the landlord. If this were your property, how would you feel if the tenant had not told you about the cracks and the damp? After all, you are in the property every day, but the landlord is not.

HTH

MORPH3US

Thanks DFC,

The landlord already knows about the damp, in the winter, most of the house was damp because its such an old building and the heating is RUBBISH!!!

She blamed the damp in the kitchen on us cooking too much?!?!?

She blamed the damp in the bathroom on us showering too much?!?!

Think I will let her know about the cracks in writing sent recorded delivery asap so we have proof but if I do this, I get the feeling that she will say they are our fault and we are trying to get out of it!

M

silvercar

Oh yeah, forgot to mention we also have black patches round the windows where there has been damp. I think its because the windows don't have the air vents built in to them..

I hope you've been opening the windows after showering / cooking. One of the prime reasons for damp spots is poor ventilation. If there are no air vents you need to open the windows.

clutton_2

""She blamed the damp in the kitchen on us cooking too much?!?!?

She blamed the damp in the bathroom on us showering too much?!?!

if you dont open windows, or if airbricks are obstructed, then ventilation cannot occur. Every house needs air vents thru which damp steam can escape - otherwise walls and fabrics will trap damp and become mouldy and a health hazard. My tenants never believe me either when i suggest they open windows ! but, it works !! i open my own windows in my kitchen, why shouldn't i expect the same of my tenants ? its common sense.

this is not to say that your landlord has not provided you with decent heating. What sort is it ?

lynzpower

sounds like you need to speak to your local authorities Private lettings officer. they can come round to undertake final inspection with you and tell the LL whats reasonable adn whats not .

Also give you guidance on small claims track if the landlord withholds deposit arbitarily

Astaroth

I think talk of court action is a little premature before people have even ended their lease. Yes it may be an ultimate course of action but it can also get people in the wrong mind set and spoiling for a fight.

black-saturn

Make sure you take photos of anything like this. When you come to move out the LL may escalate the problem.

lynzpower

Astaroth wrote:

I think talk of court action is a little premature before people have even ended their lease. Yes it may be an ultimate course of action but it can also get people in the wrong mind set and spoiling for a fight.

Forewarned is forearmed. It can really stuff you over when you lose your deposit and need it for the next place. Better safe than sorry in my view

Astaroth

Again fighting talk (talking about being armed)... kind of wonder when everything we did had to be aggressive and people lost the ability to trust others.

Certainly talking photos is sensible and I am not saying that court action to recover the deposit is the wrong thing to do but just think that before you start getting people to fill in the claim form that they should at least see what the landlord says.

lynzpower

I disagree. Forewarned is fporearmed isnt fighting talk, its a cliche if anything. But this site is about "consumer revenge" and making sure you get value for money. KNowing the law and knowing your rights is integal to that as far as Im concerned.

I do think that if you have the feeling that your LL is going to withhold your deposit without GOOD reason, then ensure that you have solid guidance.

Morpheus said
"I'm worried that when we move out, the landlord will try and blame us for the cracks and charge us for them out of our deposit. Is there anything we can do."

My response is, yes, there are things you can do, take guidance on it.

I have had my deposit withheld for structural deficiencies and other arbitary & minor wear and tear issues (dead plant in the garden, blown lightbulb) , and it effectively made me homeless as I simply didnt have the 800 to pass on to the next LL. I was extremely grateful for the advice given my the PLO.

And Ive never been to court. Yet.