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Deposit Protection Scheme
poppasmurf_bewdley
Posts: 5,942 Forumite
Some information please.
If a landlord fails to protect a tenants deposit with one of the approved three schemes the tenant can take the landlord to court, and the rules state the court must award between one and three times the deposit to the tenant.
Can I ask is this award in addition to returning the original deposit or does it replace the original amount?
I ask because my landlord (who has been my landlord in two different properties over 16 years) hasn't protected my deposit paid on my current house in December 2010, and I've given one month's notice to leave. He is now telling me that I must return all the rooms to the magnolia colour they were all painted when I took over the house despite giving me permission to repaint in colours of my own choosing on moving in. There is nothing in the lease about the decor being all magnolia.
He is also saying that I am responsible for returning the decor to the state it was in when I moved in. Am I right in saying fair wear and tear must be allowed for?
I intend to use the lack of deposit protection as a serious threat to him.
If a landlord fails to protect a tenants deposit with one of the approved three schemes the tenant can take the landlord to court, and the rules state the court must award between one and three times the deposit to the tenant.
Can I ask is this award in addition to returning the original deposit or does it replace the original amount?
I ask because my landlord (who has been my landlord in two different properties over 16 years) hasn't protected my deposit paid on my current house in December 2010, and I've given one month's notice to leave. He is now telling me that I must return all the rooms to the magnolia colour they were all painted when I took over the house despite giving me permission to repaint in colours of my own choosing on moving in. There is nothing in the lease about the decor being all magnolia.
He is also saying that I am responsible for returning the decor to the state it was in when I moved in. Am I right in saying fair wear and tear must be allowed for?
I intend to use the lack of deposit protection as a serious threat to him.
"There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
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Comments
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My feeling is that your landlord is not being reasonable in the decorating request. If you had left the house the colour it was when you moved in it would have needed redecorating now after 7 years anyway due to wear and tear. I can't see why you are being requested to redecorate now. You are not there to do free decorating.0
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My feeling is that your landlord is not being reasonable in the decorating request. If you had left the house the colour it was when you moved in it would have needed redecorating now after 7 years anyway due to wear and tear. I can't see why you are being requested to redecorate now. You are not there to do free decorating.
That's the way I feel.
It's not as though I redecorated the whole house - only the hall and one bedroom. The rest of the house is as it was when I moved in.
The thing is that the last place I rented from him for 10 years, I redecorated the lounge and bedroom and when I moved out nothing whatsoever was mentioned about the decor. I think after five years a house is due for redecorating anyway.
He's in his 80's now and I think he's just getting a bit cantankerous."There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock0 -
You certainly have a bargaining tool there. However he is not being unreasonable in my view.poppasmurf_bewdley wrote: »Some information please.
If a landlord fails to protect a tenants deposit with one of the approved three schemes the tenant can take the landlord to court, and the rules state the court must award between one and three times the deposit to the tenant.
Correct. Note that this is a penalty.
Can I ask is this award in addition to returning the original deposit or does it replace the original amount?
It's a penalty for failing to register, so return of the deposit itself is a seperate issue and depends on whether there is justification to make deductions.
...my landlord ....hasn't protected my deposit
............
He is now telling me that I must return all the rooms to the magnolia colour they were all painted when I took over the house despite giving me permission to repaint in colours of my own choosing on moving in. There is nothing in the lease about the decor being all magnolia.
How was this permission given?
In writing or verbal? What were the exact words?
Was it clear this was consent for a permenant change (ie you don't need to reinstate when you leave) or an acknowledgement that during the tenancy you could do as you wish?
It seems unlikely that a LL would grant carte blanche to paint any colour (black?), and leave it like that.
He is also saying that I am responsible for returning the decor to the state it was in when I moved in. Am I right in saying fair wear and tear must be allowed for?
Changing the colour is not wear and tear.
However he cannot claim 'betterment'. So if the paintwork was worn when you moved in, he can't claim the full cost of re-painting as that way he'd get a better end result than if you'd never changed the colour at all.
I intend to use the lack of deposit protection as a serious threat to him.
(edit: I missed the length of the tenancy. Yes, you probably need to re-instate the colour (depending on the exact 'permission' granted), but he can't claim the full cost given the length of time you were there. You need to discuss amicably and meet halfway.
See also:
* Deposits: payment, protection and return0 -
I'm pretty sure he has to serve a section 21 and give 2 months notice, even then it's invalid due to non protection of deposit.0
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