Is our landlord unreasonable?

dove_

Hello

I moved into a property as a tenant in London in February 2015.
At the time another tenant was already at the property since 2013 but the overall tenancy has started in 2010. Several tenants had lived there before she moved in herself.

Before me moving in we both signed an assured shorthold tenancy agreement, agreeing to continue the tenancy for another year until March 2016.

At the time of signature we had heard of an inventory that had been made in 2010. It wasn't provided to us then and my housemate who had been there for two years had never seen it. With hindsight I should have asked to see it as it says - in the tenancy agreement we have signed - that we agreed to keep the interior and decoration of the premises including fixtures and fittings in the same condition throughout the tenancy as stated in the inventory. Although it adds that we are not responsible for fair wear and tear.

So on 1st March 2016 we both moved out and the landlord decided to end the tenancy there and then. We were both responsible to empty an entire house of stuff left over the years by all the tenants that have been in the house before us. We were provided with the 2010 inventory three weeks before we left because I asked for it, as we had no way to know what furniture belonged to the property.

The inventory showed that the place was already run down six years ago, with mentions of multiple marks on the carpet, the walls, 'off-white' sofas that was clearly white in the old days...

Anyway, we really wanted our deposit back so we did pay £230 for end of tenancy professional cleaning and left the receipt with them. It didn't include upholstery but then I never sat on the sofa without a throw on it as it was so run down when I moved in.

Now the landlord wants to deduct £510 for carpet and upholstery cleaning and said it was only an estimate so it could end up being more. She also said that we had two days to accept (over the weekend, sent last Friday) or she'd add £200 to fix other things including a rip under the fridge that was there before we moved in, etc.

We were asked to accept on Monday but we refused, saying that we had 10 more working days to reply as per contract.

Do you think we should pay anything extra? There are a couple of additional marks on the carpet that were there before we both moved in. Should we pay to fix that? Does that justify the £510?

The deposit is protected but we would like to find an agreement with the landlord before if possible.

Thanks for your help.

pmlindyloo

You need to dispute this with the deposit protection scheme.

From what you have said the previous tenants should have had a check out done and their deposits used for any damage when they moved out. When you signed a tenancy agreement in February 2015 a new inventory should have been done detailing the state of the property at the time you started the tenancy.

Without the new inventory I do not see how the landlord can work out what 'damage' has been done since you took over the tenancy.

What happened to the deposits of the previous tenants? Did they ever have a check out done?

princeofpounds

Grow a backbone


You should pay for damage you have caused, excepting fair wear and tear. That's not just what it says in your contract, that is the legal position.


Furthermore, you can generally avoid paying for anything if the LL does not have proper check-in and check-out evidence of any damage.


If the carpets and upholstery are in the same condition, minus fair wear and tear, as you entered then tell the LL to stop chancing it. Get online and claim your deposit back, and escalate to a dispute if necessary.

G_M

1) did you have a joint tenancy with the other occupants, or a single tenancy just in your name>
2) what date did your tenancy start? End?
3) did you sign an inventory at the start of your tenancy?
4) what dates did the other occupants' tenancy/ies start/end?
5) what date was any inventory signed?
6) was your deposit protected? What date? Which scheme?
7) was the 'Prescribed Information' provided to you? What date?

Please answer all Qs.

Read:

* Deposits: payment, protection and return

mrginge

There was no inventory taken at the start of your tenancy.

1. Tell the LL to do one.
2. Request all your deposit back.
3. Stop being a mug.

DaftyDuck

If your tenancy contract states you have signed an inventory, you simply must have done so.... I'm sure you remember it now....

So, when the LL produces it, signed by you, as you positively did, then you start to accept deductions.

Otherwise, I think "swivel" is the term, with index finger raised.

dove_

pmlindyloo wrote: »

You need to dispute this with the deposit protection scheme.

From what you have said the previous tenants should have had a check out done and their deposits used for any damage when they moved out. When you signed a tenancy agreement in February 2015 a new inventory should have been done detailing the state of the property at the time you started the tenancy.

Without the new inventory I do not see how the landlord can work out what 'damage' has been done since you took over the tenancy.

What happened to the deposits of the previous tenants? Did they ever have a check out done?

@pmlindyloo Thanks, the landlord mentioned doing a new inventory for us but it was never done. We had to pay our deposit to the previous tenants so they were lucky and never had to get a check out done.

theartfullodger

dove_ wrote: »

Is our landlord unreasonable?.

Yes.

Cheers! (btw I am a landlord...)

dove_

G_M wrote: »

1) did you have a joint tenancy with the other occupants, or a single tenancy just in your name>
2) what date did your tenancy start? End?
3) did you sign an inventory at the start of your tenancy?
4) what dates did the other occupants' tenancy/ies start/end?
5) what date was any inventory signed?
6) was your deposit protected? What date? Which scheme?
7) was the 'Prescribed Information' provided to you? What date?

Please answer all Qs.
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Thanks! @G_M.
2) Our tenancy started on 11th Feb 2015, end on 1st March 2016
3) No we didn't sign an inventory, but one from 2010 was mentioned in the tenancy agreement.
4) The other occupants tenancy started in 2010. The tenancy ended this 1st March 2016
5) An inventory was made on 10th Dec 2010 by an independent company. I was provided with a copy that has no signature on it, more like a report.
6) Our deposit is protected by TDS since 14th Dec 2010, expected to end on 1st March 2016
7) The prescribed information form was provided to us on 6th March 2015

pmlindyloo

dove_ wrote: »

@pmlindyloo Thanks, the landlord mentioned doing a new inventory for us but it was never done. We had to pay our deposit to the previous tenants so they were lucky and never had to get a check out done.

This is very 'naughty' of the landlord. He should have returned the deposits to the previous tenants and then taken new deposits from you (have you separate tenancy agreements?) and deposited them in deposit protection scheme.

FBaby

Why or why did you agree to the terms of this agreement? It sounds like the old tenant broke the term of his tenancy and was told he could only do so if he found a replacement, you!

You shouldn't have agreed to be party to the inventory and certainly never should have agreed to give your deposit to the old tenant.

What has happened was so predictable. In any case, challenge them with the deposit scheme. 6 years down the line, they will struggle to justify that the carpet should look anything close to what it did then.