Unfair damages charges when leaving a rented house??

lozza12689

Really stuck what to do: quick low down, any advice would be appreciated!

I left a property early, I was still liable for the rent/gas/electric/water/maintaining the property, until a new tennant was found - i understood and agreed

Was told by the letting agent a new tennant had been found and i had two days to hand keys back so I wouldnt be liable for rent, was told there would be a few charges but these would be discussed with me when the keys handed back (got the voice message on phone)

Got to my old property and letting agent expected me to pay £669.00 in damages... yet the actual landlord had been into the property and re decorated without the original inventory being checked off (this was done when I handed keys back)

Im being charged for a new stair carpet (landlord wants me to pay half as its ''beyond reasonable wear" and paint staines. However, as i was still responsible for the property, surely any problems I should have been told about before and given chance to sort myself?

the second item is £420 for a new gas fire. I half accept but the fire was condemed in 2010, i will accept as my responsibility as my two young children had put toys into the vents - but i had 3 visits between nov 2010 and aug 2011 and not once have i been told i would need to replace it when i leave.

And i've read it needs to be replaced "like for like" which it isnt, te receipt ive been presented with is a piece of paper with "new gas fire/fitted £420" yet I've found the exact fire for £200? I was told it had to be replaced with a different fire as my old fire you can no longer buy (yet i have found it)

Sorry for the long story but I haven't handed my money yet as I am disputing it as not once was I told about ANY repairs that would need doing at the property and they where replaced without me being told. Am I being wrong here or are they right to expect me just to pay for it?

G_M

OK - first the questions:
* is this Engl/Wales or Scotland?
* is the deposit in a scheme? Which one?
* was here a chck-in inventory?
* Is the tenancy in a Fixed Term? When did it start? For how long? Or is it Periodic (monthly)?

Now, separate out two issues:

1) Notice.
Assuming England and Fixed Term, you ar legally responsible for rent (and bills) till the end of the Fixed Term whenever that is, or until due Notice has expired (if Periodic). Any agreement to the contrary (ie "you pay rent till a new tenant is found") is purely an agreement you reach mutually with the landlord, and you'd be wise to get it in writing. Have you?

2) Deposit
* landlord cannot get new for old
* LL cannot benefit from 'betterment' ie getting a better stair carpet than he would hav got. So say the capet was 3 years old when you moved in and you lived there 2 years, it is now 5 years old. Say the average life of a carpet is 10 years, then the max you can be charged is half the cost (5 of the 10 years). That is asuming you are responsible for replacing the carpet at all
* damage must be proved. Is there a check-in inventory and did you sign it? Or is there a receitpt for new carpet when you moved in? This establishes the condition of the property (carpet etc) when you moved in, against which the check-out condition is compared. No check-in inventory? LL cannot prove you damaged anything
* paint stains on carpet? Did you spill paint? You are responsible.
* carpet is 'beyond reasonable wear'. What does this mean? You are not responsible fo reasonable wear and tear, so LL must prove you have caused damage.
* Any amounts the LL claims from the deposit must be supported by costings - eg a cleaning company bill, invoice etc.
* fire was 'condmned' ! Did you receive a Gas Safety Certificate for each year you were there? Who condemned it? LL commits a criminal offence not to maintain gas appliances safely and issue tenant with certificate.
* However, if you kids broke the fire (with toys!?) then you are responsible.
* you could certainly dispute the amount by posting a copy of the fire you've found for £200 an offering that, though step one would be the safety/certificate issu above.

your final point about being told in advance of deductions - no, if you cause damage the LL can deduct his costs from the deposit, subject, of course, to the dispute procedures if you disagree, which i ppears you do.

So:
* establish the baseline (check-in inventory etc)
* request proof you are responsible fo any damage claimed
* dispute the amount of any damage claimed and request proof
* use the deposit dispute process

jamie11

* fire was 'condemned' ! Did you receive a Gas Safety Certificate for each year you were there? Who condemned it? LL commits a criminal offence not to maintain gas appliances safely and issue tenant with certificate.

Can I just point out that if the fire was 'capped off' when it was found faulty that would have been enough for the gas safety issue.

Alias_Omega

Of the fire you have found, the cost of fire would be £200 plus fitting. So maybe £250-280.

The carpet? If its worn through exceptional wear and tear and needs replacing, then i cant see how the paint comes into effect. Its either replaced through paint or wear & tear.

lozza12689

Alias_Omega wrote: »

Of the fire you have found, the cost of fire would be £200 plus fitting. So maybe £250-280.

The carpet? If its worn through exceptional wear and tear and needs replacing, then i cant see how the paint comes into effect. Its either replaced through paint or wear & tear.

The gas fire: on the invoice it just says Fire/Fitted £420, I've asked for an exact break down such as cost of fire/cost of fitting bh the letting agent wont tell me ...

The carpet was in ok condtion when i moved in, it was worn on the bottom step as sometimes when more than one person came into the house, someone hand to stand on the stair in order to let the other person into the house, there was a few splashes of paint but before I had emptied the property, the landlord had gone into the house and started re-decorating--- at the time i was in hospital, so it was left to my mum to empty the property, So I can't say if it was my paint or his paint as he repainted the whole house.

but the letting agent says I only need to pay half the carpet fee as the landlord was going to replace it anyway as it was old... bt because the "damage" was beyond wear and tear thats why they are charging me.

lozza12689

jamie11 wrote: »

Can I just point out that if the fire was 'capped off' when it was found faulty that would have been enough for the gas safety issue.

It was capped off and condemned back in 2010 and a gas safety certificate issued.

However, when I asked my letting agent why I hadn't been told I would need to replace it, he said unti the 5/12/11 he didnt know it had been condemned even though the gas certificate was issued 18/11/2010.

Its just a messy situation, its a small world, I had a gardener to come and tidy up the garden and we actually used to live in the same property through the same letting agent and he told me know matter how good the state of the property is. i WILL lose my deposit as he had lost his, with the same letting agent...

vax2002

The DPS will just give the Landlord all the deposit.
Its is what they do, the exact opposite of what they were set up to do.

lozza12689

G_M wrote: »

OK - first the questions:
* is this Engl/Wales or Scotland?
* is the deposit in a scheme? Which one?
* was here a chck-in inventory?
* Is the tenancy in a Fixed Term? When did it start? For how long? Or is it Periodic (monthly)?

1)England
2) Deposit is with DPS so letting agent cannot get my deposit without my unique pin number
3) there was a check in inventory, but the check out inventory happened after the landlord re-decorated/replaced carpets/fire and it only happened when I handed my keys back as a new tenant was found. I did query why they didnt do a check out inventory when I'd vacated the property (vacated 28/11/11, handed keys back 15/12/11) but letting agent said it wasnt protocal to do it until the keys were handed back
4)It was a fixed shorthold agreement 16-08-11 until 16-02-12... yes i know i left it early but I HAD to (Made redudant Sept 2011, couldnt afford the rent on my own, wanted my partner to move in, but letting agent said he could only move it IF I extended my tenancy until May 2012 (so a further 3 months added to my original tenancy) I couldnt do this as my daughter starts school in September and wasn't in any catchment areas for Primary schools

So I accept that as i left early, i was either going to be responsible for the rent until Feb 2012 and Gas/Electric/Water etc or until a new tenant was found... which they were, just before Decembers rent was due.

Now, separate out two issues:

1) Notice.
Any agreement to the contrary (ie "you pay rent till a new tenant is found") is purely an agreement you reach mutually with the landlord, and you'd be wise to get it in writing. Have you?

Yes #i have it in my tenancy agreement

lozza12689

vax2002 wrote: »

The DPS will just give the Landlord all the deposit.
Its is what they do, the exact opposite of what they were set up to do.

Really, even though my letting agent told me he needed my pin number in order to obtain my deposit?

vax2002

lozza12689 wrote: »

Really, even though my letting agent told me he needed my pin number in order to obtain my deposit?

He can apply to have the deposit paid directly to him, its just a form.
The DPS are less use than the old landlord system.

Weightwatcher

Phone up DPS, they will talk you through the online screens in order to claim your deposit back then the Alternative Dispute Resolution process