getting deposit back for rented property- advice needed

rebelyell_2

Right,
I'll try to sum this up pretty quickly.
I live in rented property (have done for almost 5 years in December) and my landlord died, property sold last week & I have to leave by December.
Cosmetically the house is exactly the same as it was when I moved in, if not better. I am worried about a few little things though that may affect me getting my deposit back.
I have a coal fire & it has spat out a little in places & made a few tiny burn marks on the carpet- can I be held responsible for this?
Also we have REALLY steep stairs (so steep half your foot pretty much hangs over the steps) and as a result of this the back part of the carpet on some stairs has rubbed & had little tufts pulled out. Can I also be held responsible for this?
These carpets are definitely 5 years old as they had an iron mark on them before I got here & I have been here almost 5 years myself. Is it true that I cannot be held responsible for wear & tear if they are this old?
Also the people who have bought the house are gutting it too so surely it wouldn't matter anyway?
I also asked them if they wanted me to paint anywhere before I left to freshen up the place & they said no. Would this matter on the inventory as I know after this many years the walls do get the odd mark/patch.

dimbo61

Why are you leaving ?
Has the new owner asked you to leave ?
If you carry on paying your rent they can,t just kick you out!
I would be asking for your full deposit back and money to move out if they want to GUT the property.
You are a sitting tenant speak to CAB
How can they prove anything unless they have photos or video evidence of the condition of the property when you moved in and YES fair wear and tear over 5 years means the carpets need replacing and property updating.
Have they asked you to move out while they do up the place ?
DONT DO IT as they will have to go to court to evict you

rebelyell_2

Basically I got my 8 weeks notice in the post, I was informed of this a few days before it came but was pretty much left in the **** so to speak.
It's actually a struggle to come up with deposit & a months rent for a new property.
They didn't ask me to gut the property, I meant the new owners said to me they intended to. I'm not actually sure who I even pay my rent to now! this is all confusing! I rang CAB and they were actually really useless, they didn't give me much advice tbh!

rebelyell_2

dimbo61 wrote: »

Why are you leaving ?
Has the new owner asked you to leave ?
If you carry on paying your rent they can,t just kick you out!
I would be asking for your full deposit back and money to move out if they want to GUT the property.
You are a sitting tenant speak to CAB
How can they prove anything unless they have photos or video evidence of the condition of the property when you moved in and YES fair wear and tear over 5 years means the carpets need replacing and property updating.
Have they asked you to move out while they do up the place ?
DONT DO IT as they will have to go to court to evict you

Sorry read that wrong. I think the new owners just intended to gut the place once i'd moved? I did speak to them yesterday & they said it was fine if I stayed until the notice expiry date. Basically I have about 5 weeks to find somewhere new which is a nightmare!

Fire_Fox

Welcome! Do you have a check in inventory? Who is your deposit held by? Fraying on stair risers is wear and tear unless you have been wearing heeled or spiked shoes that have been catching on it. Keep quite about burns in the carpet, they probably won't notice and the check in inventory is likely not that detailed anyway.

Carry on paying rent as before unless you are informed in writing to do differently. Ask who is going to do checkout and what they have organised for returning your deposit - they probably have not thought of that. Leave the place clean as a whistle - sugar soap gets rid of scuff marks on emulsioned walls that no other cleaning product shifts without taking all the paint too. Wipe down gently don't rub.

rebelyell_2

Hi! Thanks for the tip:)
My deposit is being held in a scheme I'm told? I have a reference code for it.
if the house has been bought is an inventory even necessary as this couple know the house is fine. The estate agents seem to think it's our shoes and then kicking the carpet that's pulled the tufts out of the carpet, which was not our fault due to how small the steps are!
Also how long does it take to get a deposit back?

Fire_Fox

rebelyell wrote: »

Hi! Thanks for the tip:)
My deposit is being held in a scheme I'm told? I have a reference code for it.
if the house has been bought is an inventory even necessary as this couple know the house is fine. The estate agents seem to think it's our shoes and then kicking the carpet that's pulled the tufts out of the carpet, which was not our fault due to how small the steps are!
Also how long does it take to get a deposit back?

That is good news about your deposit. :T Since your landlord is deceased you might want to check the scheme won't have any problem releasing your deposit on someone else's say so: I am guessing you don't want to wait for the beneficiaries to post out a death certificate.

How long it takes to get the deposit back depends if there is a dispute. Can you tell us if there is a detailed inventory or not as we asked? It is highly relevant given the estate agent is making noises about the carpet.

The fact that the houes is being sold is not relevant, you are contracted to the current owners and will very likely be out before completion (vacant possession) so you will need to satisfy the current owners in order to have your deposit returned. When you say estate agent do you mean the letting agent you normally deal with for the tenancy or the estate agent selling the property on behalf of the current owners?

G_M

rebelyell wrote: »

My deposit is being held in a scheme I'm told? I have a reference code for it.
Check this. Ask each of the 3 deposit schemes if they have your deposit. Read here for the schemes' websites.

if the house has been bought is an inventory even necessary as this couple know the house is fine.
the only inventory that matters to you is the one you signed, if any, when you first moved in.

Basically I got my 8 weeks notice in the post, ...

You areprobobly entitled to more than 8 weeks. However please confirm:
* this is Eng/Wales?
* you are not still in a Fixed Term tenancy (ie it is now Periodic - see Ending/Renewing an AST here)
* you pay rent weekly/monthly?

Do you want to leave? If so, are your ready to leave or would you like longer?

rebelyell_2

The inventory isn't majority detailed, however it does say the stair carpets are in good condition.
Bar for that and the little burn marks near the coal fire, the house is fine.
I also had a few items on the inventory that are no longer here. One was a small freestanding unit that was basically falling to bits, my landlord said I could throw it away. Also curtains that were in my front room which were dirty and basically un useable got thrown away. Could they note/charge for this?
My letting agents also sold the house to this couple.

rebelyell_2

I'm on a rolling tenancy now, my 6 month contract ran out years back. I do live in the UK and my rent is paid monthly.
Quite a horrible situation to be in as it was unexpected. The house sold in a week.

haribogray

technically the things you mentioned should be classed as general wear and tear and shouldn't be deducted from your deposit.
having said this, my sister moved out of her rented house with little damage to the property, a few marks on the walls here and there - and the lettings agents were horrendous, telling her if she didn't agree to the deposit deductions (almost £400) they would take her whole deposit off her; basically threatened her!
she moved out last december and has only just won her battle to get her whole deposit back

the deposit protection scheme is really good for stopping your landlord/letting agency from ripping you off. they are totally impartial. so it's good you've got that. i think it's actually the law to use them now for lettings?

did you have an inventory checked off and signed by both you and the letting agency/landlord when you moved in regarding the state of the house? if not then there is nothing for them to compare the current state of the house to.
also if the new owners are planning on gutting the place they have no right to use your deposit for that and it shouldn't matter how the house is left if they are planning on totally redoing it all.

good luck with it all!