Advice please from landlords re. deductions from deposit

Wellington_B

Hi all,

I posted a few days ago about problems with a tenant refusing to move out until she had her full deposit back, and wanting it several days in advance. She'd been in the property for 6 years.

Fingers crossed she's gone (property is locked up and empty but no keys returned which is a bit of a worry, although I was going to change the locks anyway), I've had an initial look round and it's not as bad as I feared. She's clearly made an effort to sort out the problems (wallpaper removed, holes filled in, laminate flooring removed, children's crayoning on the walls cleaned off). Carpet is completely worn through to the underlay in bizarre places, everywhere looks manky but that's not a disaster.

One thing that she couldn't sort is a couple of separate prominent burn marks right in the middle of the kitchen worksurfaces, where she has taken a pan off the stove and placed it directly on the surface a couple of times. I don't think the damage can be repaired, and it was a brand-new kitchen when she moved in.

Could I please ask other landlords what they would do? Would you put this burn down to wear and tear or would you charge for it? And if you would charge, how would you work out how much? I was thinking that if I do charge, the work surface should have lasted for 10 years, but it's now lasted for 6, so charging for 4/10 of the total cost of a comparable new surface and its fitting. Does this sound fair? Also, it's a galley kitchen, so if I replace just the one side, it won't match the other (unless they still stock those kitchen worksurfaces, I'll check tomorrow!). If they don't still stock the worksurface so I can't just replace the burnt section, what do I do then?

Thanks,

WB

G_M

1) I'd just be glad she left without a struggle
2) Is she really gone? Tenancy ended? There are dangers in re-taking possession if not. If the tenants appear to have gone, you need to be very careful indeed about re-entering the property without a court order. Remember that unlawful eviction is a criminal offence and can also make you liable in the civil courts for a substantial order in damages (plus you will probably end up having to pay the tenant's legal costs). More here.
3) 6 years? You'd expect considerable wear and tear - it'll need a re-paint anyway, and unless they were really good quality ones, new carpets too.
4) A decent quality kitchen work-surface should not burn like that - did you fit a cheap one? made of......? You're right to avoid a charge of 'betterment' by your 4/10th calculation assuming 10 years is realistic. You cannot charge for the undamaged worksurface though - that too would be 'betterment

Wellington_B

Thanks for the reply. Re. point 2:

She told me she would be gone by 7 p.m. I went into the property at 9.30 p.m. to find that everything was cleared out and she was gone. She had given me notice for this date and time, rather than vice versa.

Surely I'm within my rights to go into the property?! Why would I need a court order to do this?

WB

J_i_m

It does indeed suggest she's gone

dodger1

With regard to the kitchen work surface I regularly take pots straight off the cooker and on to the work top and have never had any damage of any kind. Have been doing this for years in different properties. Happy for you that she's gone though.

cattie

With the burnt worktop, I wonder if what has happened is that she has left something on the hob to burn, perhaps even a chip pan & lifted it off quickly & placed on the worktop? This is the only way a half decent worktop could get burnt through.

I'm not a landlord, but if I was ever a tenant & caused such damage, I would expect to have to pay for it.

G_M

Wellington_B wrote: »

Thanks for the reply. Re. point 2:

She told me she would be gone by 7 p.m. I went into the property at 9.30 p.m. to find that everything was cleared out and she was gone. She had given me notice for this date and time, rather than vice versa.

Surely I'm within my rights to go into the property?! Why would I need a court order to do this?

WB

On the face it this appears OK - I included the warning, and link, just to be safe. Have you read the link?

Wellington_B

Thanks, I did read the link and I think we're OK. Thanks for your advice with that.

On closer inspection, there are some other problems - as well as not returning the keys (we've changed one of the locks), she has taken all the window keys, changed the electricity meter to one where you pay with a top up key and not left the key, and she has also drilled four holes into the double glazed french doors so that she could put net curtains across them. They are really specialist doors as it's a sea front flat - six years ago I paid £7,000 for this French door and four other windows. She has also drilled holes into the kitchen window frames to put hooks in them. I can't believe that she has done these things (I put up blinds so that she would have privacy). She's just slapped polyfiller into the holes and walked out. Some parts of the flat she has clearly cleaned, such as the oven and the cupboard surfaces, but when you look more closely, some parts are filthy (e.g. grouting and bath screen full of mould, black sticky lumps on the window frames which will have to be scrapped off with a knife).

I don't want to contact her to ask for the keys as I'm sure that she'll say I'm not having them until she gets her deposit back, and then I'm being put on the back foot.

Any more advice? I'm really appreciating the input as this is the first time I've experienced such problems. It'll also be the last - I'm not going through this again and will be selling the flat when I've got it sorted.

WB

ognum

If this was me I would take detailed photos and descriptions of the damage, get information on the cost of renewal, repair replacement of the damaged items. find out the cost of new window locks etc.

I would be prepared to take a hit on the wear and tear.

I would not ask her for anything I would be preparing to replace the damaged, missing items and keep her deposit to do it and return the amount left over.

You seem almost scared of this person. get on and do your job as a landlord, get things sorted and get a new tenant.

Just keep detailed documentation and be prepared for a fight but sort it and get on with it.

Sorry if this sounds harsh but you seem emotional about it and it's a buisness.

G_M

Forget the door key - change the locks. Good practice anyway.

Window keys, depends if speciality window locks but many are fairly standard so easy /cheap to replace. If so, just buy replacement keys. If they are specialist, add to the deductions from deposit (keep receipts).

The other stuff, well, either live with the pollyfiller solution ( it's a rental property), or get quotes for a proper repair/replacement and add to deductions. Take photos and get written quotes.

The parts that need cleaning: make a list, get cleaning company in and get a quote as above.

Put all your claims together and send total and breakdown, with copies of quotes etc, to her. Give her 5 days to respond. If you can't reach agreement, submit to the deposit scheme for deposit to be returned to you (enclosing all evidence) and wait for the fight.

If you plan to sell, just focus on getting it back into a good enough condition to do that.

Wellington_B

Thanks everyone, great advice. We're getting on with dealing with the wear and tear ourselves, will get quotes in for everything else. She rented the property from me six years ago, before the deposit scheme came in, so that's one less hassle. You're right - time to toughen up, get over feeling let down that I'd given her a break by keeping her rent down but got bitten on the bum, forget my attachment to the place (I used to live there and loved it), and get it on the market!

WB