estate agent may try and take all of our £750 deposit

neas

im not sure where you live but leather sofas... new cost 400 quid a piece. If they were new and you've ripped into them then you've clearly damaged them.. and i'd say liable for approx 50% of that damage....

i believe they lose value each year i.e. say a sofa lasts 10 years... if they cost 400 quid new and you move in after 5 years... the max you could be charged if you destroyed/nicked them would be 200 quid... as they've had half their life.

amber9876

they are not leather they are "leather look" , which is why they ripped so easily from whereever they creased when we sat down. i found the exact same ones at homebase for £150 each, we have two.

tbs624

amber9876 wrote: »

they are not leather they are "leather look" , which is why they ripped so easily from whereever they creased when we sat down. i found the exact same ones at homebase for £150 each, we have two.

Did you notify the LL/LA of this damage in writing at the time, as you will be obliged to do under your tenancy agreement?

amber9876

no we are prepared to pay for damadged sofas but what exactly comes under wear and tear? isnt it open to interpretation and he hates us.
just really stressed after all this effort and money spent he'll still charge us ie he could say painting is not up to his standards.

do i need to paint discoloured skirting boards or is this wear and tear?

i dont know sometimes i just want to give up and leave it how it is. these agents have been dodgy in the past wanting a resigning fee after our 6 months contract ended, taking 3 weeks to fix our heating in freezing january.

BitterAndTwisted

If those crappy sofas really are £150 from Homebase I'd say that they'd probably outlived their useful life well before now. I think they will have to come up with the receipts to prove when they were bought and what they cost originally and then make a deduction for wear and tear. They might only cost you a tenner each after it's all said and done.

Discoloured skirting-boards? What has caused the discolouration? Stains?

You're sounding a bit defeated already but if you don't think it's worth fighting to get your own money back if you're entitled to it, just give up. You'll need to keep your fingers crossed they don't try and invent damage or losses in excess of your deposit or they could chase you through the courts for it. I'd be busting a gut to ensure I got mine back.

amber9876

thanks for your advise will contest the sofas and ask for receipts.
ill try my best as have come this far and then hope for the best. will try and negotiate any issues and get at least some deposit back.

girleight@

http://www.lettingzone.com/lettingzone-promotions/65/how-do-i-determine-fair-wear-and-tear-and-value-damage
There is a lifespan of decor so I wouldn't have thought they could charge you the whole price of redecoration.

BitterAndTwisted

They could if the redecoration was necessary because the tenant's spot-cleaning and painting over those areas mismatched the rest of the painted surfaces. If there was no mismatch and no marks then it would be down to wear-and-tear and not chargeable. This is a horrible trap which some tenants misunderstand

tbs624

girleight@ wrote: »

There is a lifespan of decor so I wouldn't have thought they could charge you the whole price of redecoration.

BitterAndTwisted wrote: »

They could if the redecoration was necessary because the tenant's spot-cleaning and painting over those areas mismatched the rest of the painted surfaces. If there was no mismatch and no marks then it would be down to wear-and-tear and not chargeable. This is a horrible trap which some tenants misunderstand

Girleight is right - just as with furnishings etc there are allowances to be made. The amount of time since the property was last decorated and when it would normally be redone have to be taken into consideration in arriving at any figure chargeable to the T

girleight@

From what I have been reading it seems that betterment is not allowed in any circumstances. So even if the tenants have scuffed the wall, to charge them when it would need redecorating anyway is betterment as the landlord is making him/herself better off. So if you scuffed the living room walls after 2 years and the decor would last 4 years you would pay 50% of redecorating. But if you scuffed the living room walls after 4 years you would pay nothing even if it was your fault.

situation 1.
Tenants move our after 4 years and landlord redecorates the living room as the decor is subject to fair wear and tear. Tenants have not scuffed the walls.
Cost to landlord £200

situation 2.
Tenants move our after 4 years and landlord redecorates the living room as the decor is subject to fair wear and tear. Tenants have scuffed the walls.
Landlord charges the tenants £200
Cost of redecoration is still £200
Cost to landlord £0

So in case 2 the landlord is £200 better off than if the tenant had not scuffed the walls. Landlords can only take the deposit if they have suffered an actual loss, they can't just take it as a punishment.