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How do I make sure I get the bond back?
tinyelk
Posts: 4 Newbie
Basically, my husband and I are hoping to move on Saturday 11th and are worried that our current (less than fantastic) letting agents will take a chunk out of our deposit.
Why? Well according to their website, they're advertising our current house as having been "recently redecorated" (which it wasn't before WE moved in 13 months ago) and are in fact using photographs of the house that show it in a much better state than it was when we moved in. In one, for example, the front room has a big gas fire - when we moved in there was a big hole in one of the walls. In another, the kitchen is shown with totally different cabinets than what it has now.
When we moved in, the front room window was broken - they said it would be fixed within a week. Despite me phoning them daily, it took almost a month until a new window was measured and fitted.
The house was dirty when we moved in, the gardens were filled with nettles and overgrown completely. We've repainted the front room and our son's room, the whole house is clean and will have brand new lightbulbs everywhere when they come to inspect it next Monday.
But - the hole in the wall (about the length of a hand's palm and the width of two fingers, guessing for a gas pipe?) from the heater is still there and we didn't get around to redecorating the kitchen, so the walls are in the same clean but discoloured state they were when we moved in. The front room carpet is slightly discoloured in places, but was much worse when we arrived. Overall, the whole place is much cleaner than when we arrived, but it is by no means "recently redecorated" as it is being advertised.
On the tenancy agreement, it just keeps stating that the house, fixtures, fittings and gardens should all be in the state that they were in when we moved in. We never were told or signed anything saying that we would redecorate the house. There's been one inspection since moving in and they did not mention any problems with the house.
We do have proof that it was in a bad state, when we moved in the first month's rent was severely decreased as it had been empty for months, was in a bad state and the landlord wanted it let. We have the rent receipt for this. Unfortunately we didn't take photographs before starting getting it cleaned up.
Is there anything else we can do to make sure that we get as much as possible of our deposit returned to us? This agency has been awful, requiring countless chasing phonecalls for even the simplest query.
Sorry this is long and rambling, any advice much appreciated!
Why? Well according to their website, they're advertising our current house as having been "recently redecorated" (which it wasn't before WE moved in 13 months ago) and are in fact using photographs of the house that show it in a much better state than it was when we moved in. In one, for example, the front room has a big gas fire - when we moved in there was a big hole in one of the walls. In another, the kitchen is shown with totally different cabinets than what it has now.
When we moved in, the front room window was broken - they said it would be fixed within a week. Despite me phoning them daily, it took almost a month until a new window was measured and fitted.
The house was dirty when we moved in, the gardens were filled with nettles and overgrown completely. We've repainted the front room and our son's room, the whole house is clean and will have brand new lightbulbs everywhere when they come to inspect it next Monday.
But - the hole in the wall (about the length of a hand's palm and the width of two fingers, guessing for a gas pipe?) from the heater is still there and we didn't get around to redecorating the kitchen, so the walls are in the same clean but discoloured state they were when we moved in. The front room carpet is slightly discoloured in places, but was much worse when we arrived. Overall, the whole place is much cleaner than when we arrived, but it is by no means "recently redecorated" as it is being advertised.
On the tenancy agreement, it just keeps stating that the house, fixtures, fittings and gardens should all be in the state that they were in when we moved in. We never were told or signed anything saying that we would redecorate the house. There's been one inspection since moving in and they did not mention any problems with the house.
We do have proof that it was in a bad state, when we moved in the first month's rent was severely decreased as it had been empty for months, was in a bad state and the landlord wanted it let. We have the rent receipt for this. Unfortunately we didn't take photographs before starting getting it cleaned up.
Is there anything else we can do to make sure that we get as much as possible of our deposit returned to us? This agency has been awful, requiring countless chasing phonecalls for even the simplest query.
Sorry this is long and rambling, any advice much appreciated!
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Comments
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Was there an inventory describing the property and all of its contents at the start of your tenancy?
Is your deposit lodged in one of the three schemes?0 -
BitterAndTwisted wrote: »Was there an inventory describing the property and all of its contents at the start of your tenancy?
Is your deposit lodged in one of the three schemes?
No inventory, was rented as unfurnished even though there were random bits of furniture left throughout the place.
Yes it's in one of the schemes, we've got details of it.0 -
I wouldnt stress too much about how they are describing it. Sometime in the last 10 years seems to be classing as "RECENTLY REPAINTED" if most of londons housing stock is anything to go by.
along with gratuitous use of the words "stunning" "a garden made for summer" "gorgeous" "bijou":beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
Theres no dollar sign on piece of mind
This Ive come to know...
So if you agree have a drink with me, raise your glasses for a toast :beer:0 -
I wouldnt stress too much about how they are describing it. Sometime in the last 10 years seems to be classing as "RECENTLY REPAINTED" if most of londons housing stock is anything to go by.
along with gratuitous use of the words "stunning" "a garden made for summer" "gorgeous" "bijou"
Haha, thanks. I just have a horrible feeling that they're somehow going to blame us for it not looking like the pictures ... but as it didn't look like that when we moved in it would be a bit shocking if somehow it magically did now....0 -
OK, good. That the agents are advertising the property as "newly redecorated" does not mean that you somehow have acquired an obligation to do the decorating yourself. They may have plans to arrange for that to be done once you leave.
Your legal obligation is to hand the property back in exactly the same condition as at the start of your tenancy. It sounds to me like it will be in a better state so that makes your landlord very fortunate indeed.
If there was no detailed inventory then the landlord and their agents will have a very difficult time indeed proving any damage was caused during your tenancy. If they try, you can dispute any proposed deductions within the deposit-protection process and the burden on the LL/agent is to furnish proof of their position. Which they cannot.0 -
BitterAndTwisted wrote: »OK, good. That the agents are advertising the property as "newly redecorated" does not mean that you somehow have acquired an obligation to do the decorating yourself. They may have plans to arrange for that to be done once you leave.
Your legal obligation is to hand the property back in exactly the same condition as at the start of your tenancy. It sounds to me like it will be in a better state so that makes your landlord very fortunate indeed.
If there was no detailed inventory then the landlord and their agents will have a very difficult time indeed proving any damage was caused during your tenancy. If they try, you can dispute any proposed deductions within the deposit-protection process and the burden on the LL/agent is to furnish proof of their position. Which they cannot.
Thank you! That's put my mind at rest significantly!0 -
...with allowances made for "fair wear and tear", guides to which can be found here and hereBitterAndTwisted wrote: »Your legal obligation is to hand the property back in exactly the same condition as at the start of your tenancy.0 -
It doesn't necessarily mean you won't have a fight on your hands. Some landlords and agents try to exploit the fact that their tenants know a lot less about the legalities and the procedures than they do. Fortunately you do now.0
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