Damage deposit question

paulsm

crayons and glitter , I know I stated no pets and an iguana is a pet, that much I do know

lynzpower

In order to take deductions LEGALLY from a deposit you need to take 3 quotes ( not estimates) on headed invoice sheets from contractors & choose the cheapest. this is what my local authority lettings officer told me- if the LL hasnt done that the deduction wont stand up in the small claims court.

Additionally, this pets thing. If the contract says no pets, well thats one thing, whether its an enforceable term of contracts another. You cant fine someone for it. I understood, that if you wanted to, you could evict on the basis of a broken contract, as long as court agrees its a fair term- which of course you could challenge in court.

this is likely to cost you more than poxy £80

Id say the worktop is wear & tear and the wallpaper too. Unless its purposefully savaged- I dont think this would stand up in court.

prudryden

The contract was between you and the tenant- you can deduct from the deposit for any damages to the property - until such time as the law changes to a mandatory stakeholder provision. Whether you hold the deposit yourself or you asked the LA to hold it is immaterial and irrelevant. The LA contacted the tenant probably as a courtesy as it is always best for relationships to agree.
If the tenant wants to try and fix the wallpaper, I would warn him that if it is not acceptable and doesn't conform with the condition it was in before his 6 month tenancy, that he will have to do it again or get a professional.
His only recourse is to the county court, which is no big deal for either of you except that you will be the defendant and all proof is on the claimant.
No PETS may be considered unfair by the OFT, unless it states "No pets without the permission of the landlord, which can not be withheld unreasonably." An iquana may be considered as an unreasonable pet, as would an alligator or wild buffalo. These were guidelines only by the OFT and have not been tested in any court case yet.

paulsm

thanks Pru , thats a more positive outlook , I may be the test case here then lol

prudryden

It would depend on how badly the wallpaper is scuffed and the countertop marked. If it is enough to possibly put off another tenant - then it certainly isn't fair wear and tear. Too much is being read into those words.

lynzpower

paulsM

could you post pictures of the damage so experienced LLs and tenants can decide what is fair wear & tear & whats not.

paulsm

give this a go , if I could cover it with a picture I would be its in the middle of the wall

prudryden

Basically, I would replace all the wallpaper on that wall and charge the tenants. It will be difficult to match up the colour and shading with the other strips. You are being generous to the tenant and you should tell him so.

clutton_2

did you do an inventory when they moved in ? if not - the court will side with the tenant, and you will lose, as you have no proof of "coniditon" at the beginning of the tenancy.

£80 is not a lot - may i suggest you redecorate and get new tenants in ASAP and move on - you can claim the redecoration costs against tax anyway.

prudryden

Clutton's point on the inventory is crucial - even better to have a third party do it for your next rental. We use a company which charges £120 and the report is about 20 pages long. The tenant must be notified so that he can make arrangements to be there himself or have his own independant representative.