issue getting rented deposit back dps

ady347_2

Hi,

i rented a house for 2 years and the deposit of £800 is held through the dps. I left the property on the 28th August after giving 2 months notice. I phoned my ex landlord today who i had a good relationship with (so i thought), and asked why he hadnt carried out his part with dps in order for them to refund my deposit.
He told me that he has to work out the "costs of redecorating" as in the contract it says to decorate every 5 years (which it does) and as i had been their for 2 years i owe him 2 fifths of the total cost.
This house was brand new when i moved in and i made sure 100% it looked brand new when i left. The whole house is magnolia and i touched up any areas of minor marks (from when i moved my belongings in and out) the paint matches perfectly and every aspect of it was left "like new, including the oven"
if anything i believe i went over the top to ensure a full deposit refund.

i had a few issues when i was living their, where i would ask for a repairs to be done (by his handyman) and after lots of phone calls and the jobs not done i would just sort it myself. the day i viewed the house i was told it would be cleaned, the day i moved in i just did it myself as it hadnt been done. so if anything the house is now cleaner than when i moved in.

i told my landlord that i have carried out painting to the property and so any decorating charges are unjustified, he told me i am suposed to contact him before doing any of this as he wants to make sure i use quality paint?

i am wondering where i stand legally, as i didnt take any photos when moved in or out (as he seemed trustworthy) does he have to prove i have left the house needing decorating or show me what needs sorting (even though i know their is no way anything needs doing).
he was on holiday when i left the property so i trustingly posted the keys through his letterbox with a letter.

BitterAndTwisted

Get onto the DPS website and claim the whole of your deposit back now. If the landlord wants to make any deductions, you contest them and then the scheme's arbitrators will make a decision based on the evidence the landlord provides.

In my view, despite what that dodgy contract may state, it is not the tenant's responsibility to redecorate the landlord's property. If he tries to make deductions based on any decorating charges dispute all of them.

nikki1520

It may need decorating every five years, but that is the landlords responsibility. If you had redecorated badly, that would be a different matter! He can't deduct from your deposit for his responsibility, and to be honest, you sound like you have gone above and beyond!

He will need to prove that you have damaged the property in some way to withhold any of your deposit. Like b&t says- claim it all back mow, let him dispute it. He will lose!

clutton_2

unless you and the landlord have signed an inventory on moving in and moving out there is no proof of the condition of the property so i doubt very much if he will get a penny. Lodge a claim immediatly on DPS site.

ady347_2

i signed a contract on moving into the property which states

8. to paint when and where required(not less than once every five years if the tenancy shall last so long) with two coats at least of quality paint in a workmanlike manner all the inside wood and ironwork of the premises and after every such painting to grain varnish whiten and colour all such parts of the interior, colours and materials to be used in all such work first to be approved by the landlord in writing.

9. at the determination of the tenancy (if the painting and other decorations mentioned in the foregoing clause shall not have been carried out by the tenant in the year of such termination) to pay the landlord a due proportion of the cost of such painting and other decoration as aforesaid such due proportion being the proportion that the number of years that shall have eapsed since the date of the commencement of the tenancy or of the preceding painting and other decorations bears to the figure five of the estimated cost (calulated at the date of the termination of the tenancy) of such painting.


this landlord is very wealthy, uses a top solicitor locally for his contract so i guess he knows what hes doing..
what makes me laugh is this house is immaculate, it was touched up in the same colour (u cant even tell i have touched anything up, its a perfect match) i have since found out from talking to my old next door neighbour today that the "handyman" who is based on site has said to her i have left it immaculate.

i know they wont redecorate this house as it is like new inside, i am very house proud and didnt let it get messy or dirty marks etc.... he is basically saying now i should of got his permission before i carried out any painting.


does he need to show evidence the house needs redecorating?

axisofunity

Pretty sure that contract term is unfair by default. Don't have the link here but there is such a list of unfair terms. As others have said log dispute now with dps.

BitterAndTwisted

Do not enter into any discussion with the landlord. That decorating clause in the tenancy agreement is nonsense. Claim the whole of your deposit back and dispute any proposed deductions. The onus of proof is on the landlord not you.