Are we scrubbers or is landlord in wrong?

olly300

Everything except the 3 days rent.

That's betterment.

paul1964_2

jaype wrote: »

......they say we need to pay to get cut grass left in the lawn that my mower didn't pick up as I mowed it removed...

Do they want the inside of the drainpipes cleaned as well?

KateLiana27

What exactly is the landlord deducting from your deposit?

You have to leave it in the condition you received it in, less fair wear and tear. This is the tricky part. After three years of living in a property, common sense would dictate that there would be a few scuff marks here and there; painting would be required if a perfect finish is desired; there may be a few chips on the bathtub if it's a cheap thin-acrylic job; and so on. I know that I've left properties with these sort of issues before and I've always gotten my deposit back as they've been classed as fair wear and tear (but then I always leave a small box of chocolates and a thankyou card for the landlord on checkout - worthwhile investment if you ask me). So there is a degree of subjectivity that is difficult to prove.

I think the three days of rent is unfair. If they are charging a reasonable amount for the rest, I'd accept it and pay up. If they want to keep £1000, that's a different matter.

libspero

As others have posted, fair wear and tear is expected.

Bear in mind, your landlord is allowed to tax-deduct 10% of the net rent each year for wear and tear. Tot that up, add your deposit and then cough up anything over that amount if you caused the damage yourself.

That would be my offer to the land lord.

But where a taxpayer lets a residential property furnished, plant and machinery capital allowances can’t be claimed on furniture, furnishings or fixtures within the property. Instead a deduction can be claimed for either:

a wear and tear allowance of 10% of the ‘net rent’ from the furnished letting to cover the depreciation of plant and machinery, such as furniture, fridges etc supplied with the accommodation,
or

the net cost of replacing a particular item of furniture etc, but not the cost of the original purchase; this is called a ‘renewals allowance’.

Wee_Willy_Harris

Of course, the deposit SHOULD be protected, which means that there is an independent dispute resolution service to engage. That's the point of protecting deposits. If it's not been protected, then the LL is in a very weak position.

Tiddlywinks

OK, this is what you have admitted to in your post:

- you ruined the grass with the trampoline (why did you not re-seed when you knew you were moving?)
- chipped the bath several times (how??)
- scratched the toilet (and made it worse by not asking for replacement parts to prevent further damage)
- admit to leaving a cruddy toilet seat
- marked the walls by sticking stuff to them
- left the front garden in an unkempt condition
- used cleaners and didn't check on their work
- "forgot" to clean the oven

My opinion? You deserve every inconvenience the LL throws at you because you clearly didn't take the whole moving out process too seriously, did you?

jaype

Thanks - to address the points, I am asking what can be considered fair wear and tear, and whether deducting three days' rent is legal.

The grass under the trampoline is NOT ruined, just not as green as that around it. I have put a paddling pool out for two days, had a similar mark and this has disappeared within a week of removal.

I have no idea how the bath was chipped and never noticed the marks - it does have a heavy shower spray over it which I guess must have fallen in while the kids were in it, and as the house is a plasterboard special by a well known developer the fittings are also NOT fabulous (cheap acrylic).

The toilet scratches were under the fittings, and the seats were NOT 'cruddy' - the cheap metal was blistering.

I also don't think it unreasonable in three years to stick a few things on the wall? Or are tenants not allowed to do this?

(Oh, Tiddlywinks - the cleaners didn't clean the oven as contracted to, NOT us.)

As expected we will meet them on it, which we are prepared to do, but I do think it is unreasonable to expect the house back as if nobody has ever been and gone. Every time something went wrong we were expected to fix it and then get reimbursed (broken boiler, rusty radiator) so I think they have just got my back up beforehand. I'll wait and see what they ask for.

Benji

jaype wrote: »

I also don't think it unreasonable in three years to stick a few things on the wall? Or are tenants not allowed to do this?

Not usually - most AST expressly forbid blu-tac nowadays!

(Oh, Tiddlywinks - the cleaners didn't clean the oven as contracted to, NOT us.)

You contracted the cleaners, your responsibility.

Wee_Willy_Harris

Benji wrote: »

Not usually - most AST expressly forbid blu-tac nowadays!

Is it unreasonable to expect the paintwork on a rental property to remain unblemished for 3 years? I'd suggest 3 years would be about right for a fair wear and tear lick of paint to be required.

libspero

jaype wrote: »

Thanks - to address the points, I am asking what can be considered fair wear and tear, and whether deducting three days' rent is legal.

I think this was probably the most helpful advise so far:

Of course, the deposit SHOULD be protected, which means that there is an independent dispute resolution service to engage. That's the point of protecting deposits. If it's not been protected, then the LL is in a very weak position.

We have not seen pictures nor can judge accurately.

The deposit is protected for this very reason, and the landlord should be able to give you details of who it is protected with. If it isn't and he doesn't, then it's something like 3 times your deposit given to you by the land lord no questions asked because he's not met his legal obligations as a professional landlord.

Good luck