What is classed as Wear and Tear??

Ilovepurple

Hi all, need some advice ready for when I move out of my house.

This is the first time I have rented privately so I'm not sure what my obligations are when I leave the property. I get on well with my LL and rent directly from her. My tenancy is due to end in July and I need to move as my baby needs a bigger bedroom. I have discussed this with her and she is happy to give me a reference.
On a recent visit she gave the house a check over and was making notes as to certain things that need repairing, replacing etc. Tiles in the bathroom have been painted and have small areas where paint is cracking off. A cupboard in the kitchen has a dent in it. And the radiator in the bathroom was lopsided. Also some doors dont shut properly. All these things were in this state when I moved in (apart from paint maybe cracking more while we have been here) but are only minor things so I have never bothered about em. I am worried that everything she and he BF were saying needed replacing is going to come out of my bond. I know there are certain things that need repairing due to me. ie: a kitchen door has fell off due to my son trying to climb on the side and carpets which are all cream need to be cleaned before I leave, however do I need to repaint all the walls where there may be slight scuffs or fingerprints (hardly visible and down to a young baby)?
Also my friend has mentioned about my bond, and the fact that I have never received a letter as she did saying it was in a safety deposit scheme. So I think my LL has it, is this allowed?
What are my obligations in terms of leaving the house in a state that enables me to have my bond back.
Thanks

G_M

Most of this sounds like wear and tear.
Dent? If like this when you moved in, not your fault. But is there a signed inventory and does it note the dent?

The deposit should be in a scheme, and you should be told which one.

However, not worth making trouble over it at this stage if you want a reference. If, later on, you think the return of the deposit is becomming an issue, write to her reminding her of the law and asking which scheme she used. (You can contact each scheme yourself to check.

Sounds like she was using the visit to check what work she needs to do to maintain the property - like any good LL would do, so don't panic and wait see what happens. You might find contractors round next week fixing up your home!

BitterAndTwisted

You'll almost certainly be paying for that kitchen door which has been torn off its hinges! See if you can get it repaired yourself
Wear and tear is the natural degradation of something which you would expect through continued use. That does not include dirt or damage. You need to clean all fingermarks off the paintwork.

Stop wondering about your deposit adn start chceking all three schemes so you know where you stand:
TDS
DPS
MyDeposits

If your landlord has no signed inventory or no proof of the condition of the property and all its contents they are going to have a very hard time indeed justifying any deductions whatsoever.

gamez-over

There are no set guidelines in place to explain what is classified as fair wear an tear. What I can tell you is that everything is taken into the account in relation to the length of your tenancy. Therefore someone who has been living in a property for two years will have a greater allowance than someone who has been in there for a year. Deductions are made with regards to anything above 'fair wear and tear' which is usually damage. The biggest thing that tenants forget to do is return the property in the same condition that it was rented out in i.e. professionally cleaned.

If anything because you have rented privately you have to be careful because your landlord may want to impose necessary deductions to your deposit. However you have a right to dispute anything that you do not agree to, and as your security deposit should be held by a deposit scheme you have nothing to worry about.

I hope that helps.

Ilovepurple

Thanks for your post. Having looked on this forum for similar posts, I've realised that I dont have a signed inventory. When I moved in, the old tenants had only just move out. My LL had only had a weekend to prepare the property and I was only given the keys and a quick guided tour before she left.
She is a very nice person and I would hope I have nothing to panic about, but you do hear lots of stories about LL's not wanting to let deposits go.
Also I would like to know what I need to do to uphold my responsibilities as I want to leave the house in as good as state as expected, but without spending huge amounts of money on things that are not my responsibility.

Ilovepurple

Thanks gamezover.
One of my friends has already recommended a cleaning company that deals with lettings. I am also a very clean and tidy person so would never leave the house before giving it a thorough clean myself! I have the carpets cleaned every 6 months anyways as cream is not the best colour with children. The marks on the wall will come off but may make the paint fade, is this classed as damage as I know the house hadnt been decorated for over 5 years. The LL bought the house as-is and only had the kitchen renovated. She lived here herself for a while and then rented to the previous tenants for a year before me.
Of course I will pay for the kitchen door, I have already told the LL this when she came and asked her to get her builder to quote me the cost (I told my son it will come out of his pocket-money lol).
I will check about the deposit scheme.

BitterAndTwisted

A landlord at their strictest could make a deduction for faded paint where you've removed finger-marks as it could necessitate repainting. I'd try rubbing the mark with the soft inside part of a slice of bread. This often sorts grubby marks.

Ilovepurple

Many thanks Bitter and Twisted.
I have checked the links that you provided and my deposit is not registered with any of them. Should I be worried???
Also, I have just re-read my tenancy agreement and it mentions that when leaving the house I should make sure the house is reverted back to its condition as is the Inventory, but I never saw one or signed one, so what does this mean? Could my LL have an Inventory that I havent seen or signed?
I'm starting to get concerned now.

poppy10_2

Ilovepurple wrote: »

Thanks for your post. Having looked on this forum for similar posts, I've realised that I dont have a signed inventory. When I moved in, the old tenants had only just move out. My LL had only had a weekend to prepare the property and I was only given the keys and a quick guided tour before she left.
She is a very nice person and I would hope I have nothing to panic about, but you do hear lots of stories about LL's not wanting to let deposits go.
Also I would like to know what I need to do to uphold my responsibilities as I want to leave the house in as good as state as expected, but without spending huge amounts of money on things that are not my responsibility.

Without an inventory (signed and dated by yourself), the landlord won't be able to prove the condition of the property when you moved in. You can quite conceivably claim the property is in exactly the same condition as it was when you moved in. Don't admit liability for anything, or agree to any deductions from your deposit that you are not happy with.

gamez-over

How have you checked? The three registered schemes are:

DPS
TDS
TDSL

I would just mention it to your landlord and ask the question. For your reference, if it is found out that your landlord has not registered your deposit with one of the above schemes, you will be entitled to all of your money back and your landlord will be fined upto 3 x your deposit amount.

hcb42

I scrubbed my brand new rented flat in Lincoln with a toothbrush, matched the paint with a test pot the builder where there were some feint scuff marks on the walls, never put as much as a picture frame up in six months so I did not drill any holes, scrubbed the cooker with aforementioned toothbrush - and still they deducted quite a chunk of money off my deposit - for "scratches" in a stainless steel sink - which can only have been wear and tear, I only slept in it 3 nights a week for six months, and rarely had guests (and had a dishwasher!).

Had it not been my father died three days later I would have fought my corner. As it is it is my belief that all agents are "at it" and my view will not change, as that flat was pristine.

Edit: I would name them but that would be malicious *insert evil grin*