Question about damage by tenant

FrankE

Ten years and a broken towel rail? The LL is lucky that's all that's been broken. Very petty. Are you moving out?

Mela322

Tyler119 wrote: »

Agree with Pixie...yet again!

Has the landlord replaced anything in the property in 10 years? Anything such as paint, carpets, tiles, kitchen etc all have a lifespan when it comes to adjudicators making decisions on deposit deductions. A good deal of the interior of the property will have exceeded it's lifespan in terms of what can be claimed from the deposit.

It is very correct that he will be able to deduct very little from the deposit. I wonder if the LL has paperwork in relation to receipts for the interior of the property...to show the age of everything from carpets, to bathroom to the paint on the walls. If the deposit is disputed he will have to show that sort of evidence.

In terms of a check in report, was it carried out by himself or by an independent inventory clerk. If it was carried out by himself and is 10 years old, then it may have little relevance.

How often did he do tenancy inspections? You say all the permissions he gave you to make it your own was not written down. Fair enough, but on a 10 year tenancy period and on balance of probability, it would likely be viewed as probable that a LL would allow various alterations to the property. In fact the LL cannot refuse small changes to the property if it is deemed unreasonable. Refusing permission for knocking down a wall would be reasonable, but putting up a towel rail, perhaps refusing that sort of request would be deemed unreasonable.

Keep us all updated and ask as many questions along the way as possible. Whatever scheme the deposit is protected with, there is always really good information for tenants. Remember the deposit is YOUR money and will remain that way. It is the LL that has to prove he has the right to X amount of the deposit.

In the 10 years we have been here, they have installed a new back door, replaced a window that had condensation, had the boiler repaired a few times, installed a cooker hood, and had new soffit and facia installed. Oh, and the gas fire went but they couldn't replace it with another gas because the chimney wasn't to code, so was replaced with electric. We no longer use it, we loved the gas one.

They also had to install a new power shower about 3 years ago. There are holes in the tiles from the old power shower and haven't been repaired or replaced. Funny thing is, their plumber has said to them numerous times that they should just update the entire bathroom. It's as old as the house.

We have paid to have a new carpet and underlay in our lounge as it smelled like dog wee and we had a baby crawling. They insisted it was deep cleaned but the smell was awful in humidity. We had new electrics installed for a larger cooker that we bought with permission. Installed new kitchen tiles because having the electrics installed damaged a few. Tiles were so dated and we installed travertine stone that would be durable and go with any decor. We had permission but she says we didn't on tile. I remember clearly what was said but it still looks better than what it did. We have also painted our boys room in a neutral colour and painted the kitchen to freshen it up, both with permission.

The carpets are very worn. We did crack the toilet though. Again, like for like or replace entire suite. Again, very old suite and was nearly 500 to get brand and colour but ended up finding exact colour for £50, just different size. It was an accident, had a leak at one of the bolts at midnight and kept tightening but was still leaking and then cracked. Next time, we will just call them at midnight. We take full responsibly for this one.

We have a yearly inspection where they go from room to room. All this mentioned has been there for years except some shelves in the kitchen and a knife rail. Had permission for the one set of shelves but denies that now. The rest of the stuff hung in the kitchen is command strips. Our last inspection went perfectly with no complaints and nothing has been added since. However, as of Wed, we are in breach of our contract and should not have put anything on the walls.

I can't even find our check in report but I wasn't here. I was still in the states. Think my husband my have gone through but the broken tiles in bathroom are somewhat hidden so don't know if it was caught. The lease was for 6 months signed back in Feb 2007. I believe that was before the protection scheme was introduced. Honestly, we don't see getting any of our deposit back so not going to account for it. We are planning on staying here for one more year. Want to move now but would be too much right now.

Mela322

david1951 wrote: »

Bit like saying that because you drilled a hole in the wall I need to knock it down and replaster.

I would be friendly but firm - say that you understand his position but you aren't prepared to re-tile the bathroom. Say that you are happy to sort this issue out when you hand back the house.

There is no need or requirement to sort this out now.

Thankfully, she isn't pushing to get it done now but is sending formal paperwork. We won't be agreeing to it.

Mela322

BerryCat wrote: »

Ten years and a broken towel rail? The LL is lucky that's all that's been broken. Very petty. Are you moving out?

Well, we accidentally broke a toilet trying to fix a leak at midnight We did it so are replacing. Will just wake them at midnight next time. We want to move out but not much in our price range where we are. We have smoothed things over a bit and will try and hang on for one more year then we are out.

savingfortomorrow

you sound like awesome tenents given the amount of up keep and modernization. the owners have had 10 years of occupancy and full, timely payments. they have not had to get letting agents to advertise every few years. given the circumstances they should consider it wear and tear. as a matter of prinicipal i would make them hop through hoops for future viewings when you do move. I would make them have to claim the deposit back (it was protected?). I would have a long memory and be really busy and uncooperative when they need in the future.

they could loose a decent and profitable tenant over a few minor screws! I think the owners not the tiles have a screw loose!

ThePants999

Mela322 wrote: »

Honestly, we don't see getting any of our deposit back

You should expect, and fight for, most or all of it back!

nkkingston

Your landlord is trying it on. he knows the lot will need replacing before he can get new tenants in, and he's trying to get you to pay for that when it's his responsibility. Deposit scheme will be entirely on your side because he's trying for betterment out of fair wear and tear.

Mela322

ThePants999 wrote: »

You should expect, and fight for, most or all of it back!

I'm pretty sure ours isn't in a protection scheme, think that came into law not long after we moved in.

We will attempt to get it back but honestly, in order to keep us calm, we are just going to count it as gone.

There is so much more than just what was posted today. I'm pretty sure it would be considered harassment. My husband said that it was admitted to letting things go instead of saying anything but this is near the end of our 9th year here. They always been hard with us so I'm not sure what was holding them back at that time compared to now.

Thank you all for the advice, very thankful. I take comfort now knowing we aren't breaching our contract.

FBaby

Unbelievable that they could argue about something that they probably would have done themselves anyway, considering all the other things you replaced to which they agreed. They are really giving landlords a bad name, utterly ridiculous. They might have quite a surprise when they get their next tenants that might not be half as accommodating as you are.

soki91

You sound like excellent tenants. I would dispute everything after 10 years. We were tenants for 6 years in the same property with kids mid way and out landlords were always great and we were great tenants too. They didn't deduct anything when we left as they felt they could have done more to keep the property updated and loved having us. The check out report said we didn't clean well enough but after 6yrs there will be wear and tear.