Leaving Rented Accommodation, worried about deposit...

Astec

Hi All,

I'm in the process of leaving rented accommodation after 3.5 years. We've always paid on time, kept the place tidy (including communal hallways etc) and generally been good tennants. LL has been fine until we decided to move (bought own property), and I'm afraid he'll try and find ways to hold back on our deposit.

Potential issues are:

1) Furniture - Flat was fully furnished, but when we moved in the majority was falling apart and completely unusable. We asked him to remove anything we didn't want (we personally haven't thrown anything) and replaced with our own stuff.
We are taking anything we bought with us, so the flat is now pretty bare, three large rooms with only a pair of sofas and a bedframe in total, meaning it's no longer really 'furnished'.
Someone else is ready to move in and I'm sure they'll be disappointed as it won't be anything like what they viewed.

2) Cleanliness - Flat was filthy when we moved in (previous tennants left in a hurry). I see many people mention that they have a place 'professionally cleaned' when they leave. However all surfaces are spotless, carpets are relatively new, dark and have never been walked on with shoes so again spotless. There is actually nothing left to clean. Can landlords be fussy on this?

3) Nails in walls - 2 rooms and hall were painted during our tennancy which are fine. One wasn't as we were living out of boxes for 6 months waiting for it to be done, so told him to leave the other! There are a few bits of plaster missing in this room around nails, not all caused by us. Bearing in mind a lick of paint will solve this (probably not had one for several years), is this an issue? Was thinking to go over it with magnolia paint, but it won't be exact match due to age.


4) Maintenance during our stay - Nothing major but in the duration of our stay we had a new boiler fitted (faulty when we moved so within first few weeks) and a leak under the bath. No fault was attribuited to us on either of these, can we retrospectively be charged?

Sorry for the arkward questions, but the LL is being very difficult so I want to be prepared for any issues! I've got about £750 riding on this!

nervousmother

did you have a inventory that you signed when you moved in? if not then he cant make you pay for anything.

ET1976

1) Did you sign an inventory when you moved in? Was this amended when the landlord removed his furniture?

2) Take picture of the place to show the state you have left it in. Do you have any pictures of what it was like when you moved in?

3) If you have caused damage to the walls, even if superficial, the landlord would be entitled to retain an appropriate amount of your deposit to cover the costs of repair. A lick of paint does not solve missing plaster. Personally, I would rather give the deposit back in full and just fix a few bits of plaster myself than get into an argument over something so small, but I guess not all landlords feel the same.

4) These costs should not be deducted from your deposit unless the landlord can prove that you caused the problems (i.e. they were not just a result of normal usage).

Do you know if your deposit is in a scheme like the DPS? As you have been in the property for 3.5 years it's possible (probable?) that it won't be as the legislation which required this was not in force at the time you moved it. If not, and it's just a question of the landlord writing you a cheque for the deposit, he can make it difficult for you by just refusing to refund some/all of the deposit. I am not 100% sure on this as I don't have first hand experience, but going on the recent case of a friend of mine to whom this happened, they had to take the landlord to court and prove that the deductions were unreasonable (they won).

I don't have any experience of disputes when the deposit is in a scheme but plenty of people on the board do know about it.

Good luck!

clutton_2

""we had a new boiler fitted (faulty when we moved so within first few weeks)""

do you mean that you personally paid for the boiler to be fitted ? - if it was the LL that had it fitted, i assume you drew to his/her attention at the time that the fitting had left some damage

if it was you fitted a new boiler... LL should be Very grateful and not nit-pick re a few bits and pieces....

Astec

Cheers for the advice folks.

Boliler was fitted by LL, was faulty when we moved in and replaced within weeks.

Inventory, good point. From memory it was pretty basic, ie kitchen appliances, sofas, bed, but must check.

Was thinking photos, but how do I prove date etc? Don't have any from when I moved in. Was hoping someone can come to do handover of key, but not sure they will on a Sunday. Would be better as issues can be raised and discussed there and then.

It's little nicks in the plaster, were mostly there before but I accept I could have aggrevated them. Is it worth me going over them with a bit of filler and repainting? I'm confident I can get a smooth finish, just not an exact paint match.

I don't think the deposit is protected. We moved in a hurry at the time and was much more naieve.

nervousmother

a correct inventory does not just list what is there but also what condition they are in, it will describe room by room including any decor.

The point is to be fair, if you know you damaged something agree to replace or put it right. This works both ways if the LL tries to rip you off tell him you are disputing it, he must have your bond registered with one of the agenceys and it is through them you put in a complaint, you should have received notification within 2 wks of where your deposit is registered. If it not registered you can claim 3X the amount of your bond through the courts.

ET1976

Re: the plaster - if you think the landlord is being difficult and will nit-pick over such details, I would bring it up with him and ask if he would like you to do the minor repair before you move out. If he's going to notice and make it an issue anyway, you may as well not waste your time repairing it.

Did you go through an agent or have you always dealt directly with the landlord? You really need to be there at the checkout with the landlord (or agent) so any issues can be raised and dealt with as you say.

I'm not sure where you would stand legally with proof regarding dates of photos. I have just got electronic copies of mine (emailed to tenants as well), so I suppose I assumed the dates of these would suffice. I have not had a deposit dispute as either a tenant or a landlord so perhaps someone with more experience can advise.

clutton_2

""he must have your bond registered with one of the agenceys and it is through them you put in a complaint, you should have received notification within 2 wks of where your deposit is registered. If it not registered you can claim 3X the amount of your bond through the courts."

not necessarily so... OP moved in 3.5 years ago before the deposit legislation came in....

OP have you renewed your agreement in writing since the end of the first fixed period...

nervousmother

oops missed that ty clutton.

ET1976

nervousmother wrote: »

This works both ways if the LL tries to rip you off tell him you are disputing it, he must have your bond registered with one of the agenceys and it is through them you put in a complaint, you should have received notification within 2 wks of where your deposit is registered. If it not registered you can claim 3X the amount of your bond through the courts.

This is only true if you signed a tenancy agreement after a certain date, when the legislation came into force (it is something like April 2007, do not quote me on that but it is around then). If you signed before that, and did not sign a new agreement after that date, the landlord is not required to protect your deposit and you cannot claim the 3X amount.

That does not mean in any way that he can unreasonably withhold your deposit, just that the particular legislation referred to in the above quote does not apply.

ET1976

sorry, crossed in post!