Deposit claim

jaffy1229

benjus wrote: »

Sounds to me like a case of "betterment". Basically the landlord appears to be using your deposit (YOUR money) as their renovation fund.

For example, if the hob was brand new when you moved in and you stayed for 6 years, the landlord should have a 6 year old hob. If for some reason the hob needed replacement, he is entitled to claim from you the cost of a 6 year old hob (or a proportion of the cost of a new hob). He is NOT entitled to a brand new hob at the end of a 6 year tenancy. If the damage was superficial and easily repairable he should only claim the cost of the repair.

On the subject of cleaning - how clean was the place when you moved in? Is this documented in writing? The landlord cannot demand the place in a better condition than when you moved in.

I don't think claiming anything for decoration after a 6 year tenancy is reasonable.

On the face of it the proposed amount seems excessive and I think you should negotiate it down. If that fails you can raise a dispute with the deposit protection scheme. What kind of inventory/check-in report/check-out report do you have? Did you sign them?

I probably did sign something at the beginning of the tenancy. The report I got after moving out never mentioned any damage at all but I think it was just a general report on the state of the flat.

I spent 2 days cleaning the flat so I left it as clean as it was when I moved it.

Thanks for the infomation and advice, its been helpful.

jaffy1229

benjus wrote: »

Sounds to me like a case of "betterment". Basically the landlord appears to be using your deposit (YOUR money) as their renovation fund.

For example, if the hob was brand new when you moved in and you stayed for 6 years, the landlord should have a 6 year old hob. If for some reason the hob needed replacement, he is entitled to claim from you the cost of a 6 year old hob (or a proportion of the cost of a new hob). He is NOT entitled to a brand new hob at the end of a 6 year tenancy. If the damage was superficial and easily repairable he should only claim the cost of the repair.


On the subject of cleaning - how clean was the place when you moved in? Is this documented in writing? The landlord cannot demand the place in a better condition than when you moved in.

I don't think claiming anything for decoration after a 6 year tenancy is reasonable.

On the face of it the proposed amount seems excessive and I think you should negotiate it down. If that fails you can raise a dispute with the deposit protection scheme. What kind of inventory/check-in report/check-out report do you have? Did you sign them?

Would this also be applicable to other item that needed replacing? For example I accept a wash basin was damged and charged £94 for a new one, is this reasonable?

Pixie5740

jaffy1229 wrote: »

Would this also be applicable to other item that needed replacing? For example I accept a wash basin was damged and charged £94 for a new one, is this reasonable?

Yes, even if you smashed the wash basin, the LL has had at least 6 years use out of it.

Kevie192

jaffy1229 wrote: »

Would this also be applicable to other item that needed replacing? For example I accept a wash basin was damged and charged £94 for a new one, is this reasonable?

Yes.

I don't know what the accepted lifetime of a basin is, but say for argument sake it is 10 years.

IF the basin was new when you moved in then the LL has had to replace the basin 4 years early. So, he has 'lost' 4 years of use from the basin. Therefore, you should compensate him to the amount of 4/10ths of the total cost of a new basin. If £94 is the total cost of a new one, you should pay £37.60.

ErolGirl

I'm sorry but it seems like the landlord is doing a part-renovation at your cost!! We have tenants in for just 6 months, and have to do general wear and tear paint fixes etc and do not deduct this from the deposit, it's just expected. 6 years, you expect there to be a substantial amount of work to be done to get a house looking great again unless the tenant has spent substantial money over the years looking after the property.


Is there anything in your lease that states you have to decorate every year or anything? You really shouldn't be charged for re-decoration, and if the hob/toilet is in working order you shouldn't pay for that either.

jaffy1229

Kevie192 wrote: »

Yes.

I don't know what the accepted lifetime of a basin is, but say for argument sake it is 10 years.

IF the basin was new when you moved in then the LL has had to replace the basin 4 years early. So, he has 'lost' 4 years of use from the basin. Therefore, you should compensate him to the amount of 4/10ths of the total cost of a new basin. If £94 is the total cost of a new one, you should pay £37.60.

Thanks for that. I am unsure what is reasonable. I guess I just have to make him an offer on that basis and see if he agrees.

jaffy1229

ErolGirl wrote: »

I'm sorry but it seems like the landlord is doing a part-renovation at your cost!! We have tenants in for just 6 months, and have to do general wear and tear paint fixes etc and do not deduct this from the deposit, it's just expected. 6 years, you expect there to be a substantial amount of work to be done to get a house looking great again unless the tenant has spent substantial money over the years looking after the property.


Is there anything in your lease that states you have to decorate every year or anything? You really shouldn't be charged for re-decoration, and if the hob/toilet is in working order you shouldn't pay for that either.

There is nothing about decorating. It was not decorated when I moved in. It looked like it had'nt been decorated in years!

benjus

Based on what you've said, as a rough suggestion I'd go for:

• £0 for decoration
• £0 for cleaning
• 50% of any of the proposed deductions from your list that you accept were due to damage caused by you (that's assuming that the items were fairly new when you moved in - if they were already old you should be paying less)

comeandgo

I think he may be trying to claim a new toilet as it will match the new wash hand basin. I'm of the opinion you are being used. If you caused damage then yes, things should be replaced but to the standard they were, not replaced with new.