LL waits 13 Years to inspect Property .

Mylo_The_Moggy

Olive_Oyl wrote: »

Hi guys ,

I'm looking for some advice please .

Ok . The situation is as follows .

Tenant in a property 13 years . No inspections whatsoever by the LL .

First inspection carried out in September " To allow us to assess the general condition of the property & help confirm any maintenance or repair issues "

Surveyor visits the property and takes notes of the area , comparable property to let, garden size, fixtures and appliances and the general condition.

The following week tenant receives a letter from LL stating that the deposit paid 13 years earlier is now in a secured deposit scheme.

Fast forward four weeks & the tenant manages to see the report .

On it the surveyor mentions seeing an ashtray in a cupboard, the tenant doesn't smoke , but allows visitors to in the back garden ( hence the ashtray )

The report goes on to say that although the tenant states they do not smoke , the tenant would have contributed to staining and therefore liable for half the cost of redecoration.

Why would the "Surveyor" look in the cupboards & then report seeing an ashtray? Sounds like they are being picky & perhaps jumping to conclusions.
Sounds very odd. :think:

anselld

Olive_Oyl wrote: »

Thanks anselld .

Just to back track a little . What would you consider the LL obligations are regarding replacement kitchen/bathroom & also the carpets please?

The report also states that the lounge & HSL carpets need replaced. The kitchen & bathroom are over 25 years old .

The LL obligations are that they will be safe and they will function.

Olive_Oyl

Mylo_The_Moggy wrote: »

Why would the "Surveyor" look in the cupboards & then report seeing an ashtray?
Sounds very odd. :think:

Hence the thread Mylo

dimbo61

"One thing that springs to mind is that the tenant was due an annual rent increase around the time of the inspection and the tenant thought this was perhaps the reason for the inspection, having negotiated it down over the last two years due to the lack of TLC by the LL .( still no letter asking for an increase though the tenant has had one for the last 12 years )"

So just to make sure I read the above right! The tenant has paid rent increases for the first 9/10 years of the tenancy but not the last 2?
They have been round to inspect a 25 years old kitchen and bathroom and very old carpets which all could do with replacing!
Is the tenant paying the GOING RATE for that kind of property in the area?
If after all this time the Landlord may now be thinking full refurb and new much higher rent ( Especially if property in London)

I was shot down in flames in earlier post about 13 year old bathroom/Kitchen so is a 25 year old Kitchen and Bathroom OK!!!!
Tight git of a LL not spent any money for years and years while property goes up in value now sending people round to inspect place.
How a Letting agent or SURVEYOR can even think to write a report about a property with a VERY OLD kitchen/bathroom and very old carpets and have the bloody cheek to comment about an old ashtray or the health of the people living there is well beyond me.

Olive_Oyl

dimbo61 wrote: »

"

So just to make sure I read the above right! The tenant has paid rent increases for the first 9/10 years of the tenancy but not the last 2?
They have been round to inspect a 25 years old kitchen and bathroom and very old carpets which all could do with replacing!
Is the tenant paying the GOING RATE for that kind of property in the area?


I was shot down in flames in earlier post about 13 year old bathroom/Kitchen so is a 25 year old Kitchen and Bathroom OK!!!!
.

Thanks for the reply dimbo,

The property is in the North & the tenant has paid increases every year with the acceptation of the last two, however the rent is still the going rate for the area.

egoode

When I recently ended a 7 year tenancy I was told by the check out person the landlord wouldn't be able to claim any costs for repainting as it is considered after 5 years to be fair wear and tear to have to repaint. Also don't see how having an ashtray in a cupboard shows proof of smoking. In my old flat there were ashtrays left from previous tenets but no one ever smoked the whole time I was in the flat.

Like others I'd be a bit wary about the owners intentions as it does seem like they want to sell or increase the rent massively.

mlz1413

Olive_Oyl wrote: »

Thanks anselld .

Just to back track a little . What would you consider the LL obligations are regarding replacement kitchen/bathroom & also the carpets please?

The report also states that the lounge & HSL carpets need replaced. The kitchen & bathroom are over 25 years old .

NB the tenant contacted the property company and the report was sent by email .

Because the quality of carpets would depend on their life span and the type of use involved there is not a set number of years for LLs to replace these items. But 13 years is a long time and i would hope a replacement plan is being considered.

As for kitchens and bathrooms these are likely to be replaced when they become un-serviceable

Kazzaroo

Olive_Oyl wrote: »

Hi guys ,
The LL has never repainted or replaced the carpets even before the tenancy started ( tenant had to redecorate when the moved in, like wise carpets there from previous tenants ) tenant redecorated/re-carpeted then tenant can do what they want as they own the furniture/carpets/paint on the wall

The surveyor has accused the tenant of smoking in the property & mentioned that possibly only half the redecorating cost would possibly be met because of this even though the accusation is unsubstantiated. What would you advise? . - you redecorated at your cost so they are not entitled to a penny unless they reimburse you for redecorating... and then pay them back half of the money they pay you

Secondly made comments regarding their health condition on the report . - irrelevent,personal circumstances are non of the landlords business unless it impacts on them

Thirdly the LL has never painted the property and there is no clause in the tenancy to state the tenant is responsible .? insist the landlord redecorates at his/her expense due to fair wear and tear

^^^^^^^^^^^^^^^^^^^^^^^^^^^^ thats IMO

Kazzaroo

gayleanne wrote: »

Could it be that after all this time the owner has died? and this could have been for probate.

this point should be easily cleared up by who "signs" the letters e.g Mr xxxx of xyz solicitors or Mr "landlord"

Kazzaroo

kunekune22 wrote: »

I'd imagine that the 'survey' will be used as the basis of a claim to retain the deposit, as there wasn't a proper inventory at the start.

Courts will not look favorably on a LL not doing a move in inventory,its down to the LL to prove the tenant has been unreasonable,given that the LL hasnt reviewed the property in 13 years the court is extremely likely to side with tenant