Landlord keeping deposit

swebber

Hello everyone,

I've looked through the threads and from what I can gather, my Landlord is being a "bleep" which I thought he may be.

He is keeping our deposit money and lists the reason as Decorating Blah Blah room at a cost of ** per hour etc

Also he has charged us for Lightbulbs!!! (which reading the tenancy agreement it appears is right!!!)

Can someone please tell me where the information comes from though??? Lots of peeps are stating he can't do this because of ...... but is there a particular part of law that I can see myself???
Dont like to go in guns blazing without being able to qoute back proper terminology of law.

Also I have read in the past about him needing 3 qoutes and having to choice the cheapest, where s this written please.

Thanx

clutton_2

find Eager Learners "wanted - help with deposit" thread, set aside a few hours, a good bottle of vino and learn all you need to know !!!!!!!!

Guy_Montag

clutton wrote:

find Eager Learners "wanted - help with deposit" thread, set aside a few hours, a good bottle of vino and learn all you need to know !!!!!!!!

That thread should really be pinned

rosysparkle

Replacing light bulbs is a tenant's responsibility.

What other deductions have been made from the deposit and did you have a check in and check out inventory?

prudryden

We need more information as to exactly what he is charging for. As Rosysparkle says - the key docs are going to be the check in and check out condition reports.

Three estimates for work is a myth. Even insurance companies only want two estimates for £1000's worth of damage.

The primary concern is that the property is given back to the owner in the same condition minus fair wear and tear and any repairs which may be the owner's responsibility.

newman_1

Swebber -

if you signed the tenancy agreement and also an inventory / condition report then it is your responsibility to return the property to the landlord in the same condition it was in when you moved in, less fair wear and tear. The Citizens Advice Bureau have a very clear statement in section 8 of their documentation relating to return of deposits - I have pasted the relevant section for you. “A tenant who pays a security deposit should check the inventory of contents of the property s/he is renting (and the condition of the property and contents) before signing it, as s/he may otherwise be held responsible for any discrepancies and / or damage, and forfeit all or some of the money when the tenancy ends”.

If you signed the tenancy agreement and have an inventory of contents and a condition report then the landlord is within his/her rights to deduct money from your deposit to return the property to the condition it was in when you moved in which would include deducting for lightbulbs, decorating, professional cleaning, replacing items missing or damaged from the original inventory etc.

Generali

If there's no inventory, my understanding is that the deposit should be returned to you in full and will be by the courts if needs be.

Loretta

There is a difference between damage and wear and tear consistent to the length of the tenancy. I see you mentioned decorating, if rooms need redecorating this could come under wear and tear unless you have done something really awful and damaged the place

newman_1

Hi Loretta

I agree that redecoration could come under wear and tear, however, there are some exceptions - If the rooms or property was decorated before the tenants moved in and the tenancy agreement makes provision for redecoration because of discolouration to walls & paintwork caused by smoke residues or for example if the tenancy states that blu tack is not to be used or nothing is to be affixed to the wall that damages the paper or the walls then the landlord is within his/er rights to have the rooms that have been affected redecorated and to deduct the relevant amount of money to rectify the situation. ALso if the damage is caused by way of a direct contravention of the tenancy agreement then the tenant is responsible for rectifying the damage or have the money deducted from their deposit - I have pasted a couple of clauses from a tenancy agreement I have as way of real life examples

7.38 Not to affix any items to the walls of the Premises either internally or externally using nails or picture hooks without the Landlord's prior written approval or use glue, sticky tape or Blue Tack in any circumstances.

Smoking

7.43 Not to smoke or permit any guest or visitor to smoke tobacco or any other substance in the Premises to the extent that the paintwork is discoloured and or the soft furnishings impregnated with smoke residues. In the event that any such smoking causes discolouration to the paintwork and or residues to the soft furnishings the costs of making good such damage will be deducted from the Tenant’s Deposit.

hope this clarifies my comments - apologies for not making this clearer in my previous post.