Dilapidations deposit dispute

gibbferg40

I am looking for some advice & help writing a letter to my LL.
I have 'transferred' into a smaller house also let by them, old deposit was un-protected and a proportion re-applied to new deposit, remainder returned to me.

This was all done prior to my vacating old property - they have now decided I must pay the full amount of the dilapidations deposit (£700) back to them to replace 2 x bedroom carpets and re-paint those rooms walls.
I was in the property 5 years and the general condition throughout was tired/lived - in when we moved in; with this in mind I asked my LL to give me a written break-down of how they arrived at the figure of £700, bearing in mind the 2 x bedrooms are very small, carpets over 5 years old. They have really been haranguing me over this but haven't produced any bills/invoices. Today they rang to say they have decided to reduce this figure to £500- again no breakdown.
They have in fact gutted and re-decorated/re-carpeted the whole house ready for the new tenant but haven't increased the rent to reflect this, rather it feels I'm being expected to pay to 'improve' the house.

Does this sound fair/right? to anyone who understands rentals/lettings?
Should I write to my LL outlining these points? and if so how can I word it to ensure our relationship regarding my new tenancy isn't affected?

FireWyrm

a) No, its not fair
b) tell them to take a hike
c) they didnt insure your deposit which means they are in breach of god knows how many laws and you could take them to court.
d) Did I mention that you should tell them to stick it?

BitterAndTwisted

What documentary evidence do they have that the carpets/decorating required was not due to five year's worth of wear and tear? After that length of time any reasonable landlord would expect to have to carry these out at their own expense and not at the outgoing tenant's.

Tell the landlord that his offer of a reduction from £700 to £500 is derisory and insulting for the sort of expenses he is claiming for which should be an anticipated expense after a five-year tenancy. And that you will not enter into any further discussion about it. That's long-hand for telling him to stick it.

gibbferg40

Thankyou for your replies.

So, to clarify, after 5 years should the LL have expected to replace carpets/ re decorate?

Inventory's weren't done so my word against there's, but I know the tenant BEFORE me and so know the carpets/decoration also pre-date her tenancy in that property.

marliepanda

After 5 years I would be surprised if there was any carpet left knowing the carpet most LL choose!

Also he should expect to redecorate after 5 years.

Long walk off a short pier, is what I would be telling him to do

I would also be asking for the entirety of your deposit back, if you do not have it already.

BobQ

What should have happened (with a competent landlord) is that when you moved in the landlord should have produced some record (report, photos etc) of the condition and got your agreement that it was a fair report. The same should have been done when you left, at which point the questions should be asked: What is the change? and Was this fair wear and tear?

Unless you agreed otherwise in the rental agreement (you did have one?) your obligation is to pay for delapidations (ie damage) not fair wear and tear.

Write to them saying you require a breakdown (as you requested) of the exact items and evidence of the cost of repair. Then ask for evidence that this amounted to more than fair wear and tear. Explain that you will only settle if you are provided with such evidence.

You should know the condition of the property when you left, you should have taken your own pictures. If the walls were faded and dirty, this is fair wear and tear. If your bed's headboard has dug into the wall and broken the plaster then that might be reasonable to expect you to pay for repair (but not full redecoration). Similarly if the carpet has imprints from furniture or is worn where you walked on it this is fair wear and tear. But if the carpet has a burn where you used the bin to burn paper that would be a delapidation.

As has been said if you point out that the deposit arrangement breaks the law you should not have any trouble.

Also I would look for a better landlord!

Ulfar

I wouldn't just reduce the amount by fair wear and tear but also factor in depreciation on the carpets.

For the paint work unless you have damaged the walls, after at least 5 years they should have been expecting to repaint. I would also have expected them to update the kitchen somewhat.

Johnhowell

gibbferg40 wrote: »

Inventory's weren't done so my word against there's

It is my understanding that this is NOT the case - the LL has to prove the damage to deduct from the deposit. Without a sign in inventory to compare with, the degree of damage can not be attributed to you.

Good luck,
John

BitterAndTwisted

To be honest, I really don't think any dialogue needs to be entered into about proof and whatnot. That will just make the landlord think they are getting somewhere with their totally spurious and unreasonable claim. My position would be that after at least five years of a tenancy any sensible landlord would expect to have to replace carpeting and redecorate. Also, even if the carpets had to be replaced and the redecorating done due to damage, there would be five year's worth to be deducted from the actual cost. Which would make the tenant's share about fifty pence, if that.

gibbferg40

BitterAndTwisted wrote: »

Also, even if the carpets had to be replaced and the redecorating done due to damage, there would be five year's worth to be deducted from the actual cost. Which would make the tenant's share about fifty pence, if that.

Thankyou, that's mainly the point I wanted clear in my head.

At annual check/rent review (4 weeks before I gave notice to move) they had written in a new clause that all properties must remain neutrally decorated unless with prior agreement of the LL - I had re-decorated those 2 bedrooms in shades of blue a few months before, they were aware of this - I understood this did not apply as bedrooms were blue/lilac when I moved in.
It is now the LL's policy to re-paint all properties magnolia prior to letting, so they would've had to do this regardless of the decor/condition, which being teen bedrooms had plenty of fair wear and tear but no deliberate or accidental 'damage'.

I will put it to them in writing as it's becoming increasingly hard to remain courteous. un-fortunately moving again is not an option right now.

Ulfar

They can say what they like about changing decoration, it is what was in your tenancy contract that matters.

If the clause wasn't in your contract then they can go swing, they cannot unilaterally change the terms mid tenancy.