Fair wear and tear?

Gemm83

Hi

Just after some advice please! We are due to move out of our rented flat in the next month (been here for nearly 4 years). In preparation for the move we have started to get stuff packed up/deep clean etc. In the process we have discovered that two slats of the laminate flooring in the front room has raised slightly. Its in a high traffic area as it is right by the kitchen door.

My question is would this be considered as wear and tear, or could he charge us/withold deposit because of this?

We've been going through all our paperwork and we don't appear to have an inventory. In fact he left a lot of crap in the flat and it was filthy dirty. He also only took £650 deposit instead of 6 weeks as he knew we were struggling with money and needed somewhere urgent due to being 8 months pregnant at the time!

We are petrified he is going to say that the flooring has been damaged whilst we've been in there so we must pay for it and therefore not get our deposit back to put towards our new place.

Do we have a leg to stand on?

anselld

I think after 4 years heavy traffic on (presumably cheap) laminate there is a good argument that it is wear and tear or incorrectly fitted in the first place.

Check that your deposit is protected in the scheme and dispute using their process if necessary.

Gemm83

Thanks for the quick reply.

He's actually selling the property and he had estate agents round on monday. I'm thinking he has seen it and that is why he is now refusing to give us the deposit back. Since giving us our notice he has said on 3 separate occasions that he will make arrangements to release our deposit early to help with all the new fees etc .

My husband emailed him last night to see how the valuation/photos went (the flat looked like a show home after I made it photo ready) and as to when he could arrange for deposit to be refunded.

He has now completely changed his stance saying the he is not contractually obliged to return the deposit (which I agree he isn't) and that he will be holding it until we move out following his inspection for any damages.

Why the sudden change in heart? Its leading me to believe that he's going to "find stuff".

anselld

It would be highly unusual to return deposit prior to checkout. No idea why he agreed to this in the first place.

Perhaps he has been advised or simply realised that it makes sense to do so after checkout in the normal way.

Incidentally, you are not obliged to make it like a show home either, only to return it in the same state as when you checked in. Dont expect your efforts to be recognised!

Mahsroh

anselld wrote: »

Perhaps he has been advised or simply realised that it makes sense to do so after checkout in the normal way.

This! I suspect he probably made the offer originally to try and be helpful but has since been advised against it. I wouldn't read too much in to the change of heart.


To me that sounds like fair wear and tear.... particularly after 4 years!

Gemm83

Incidentally, you are not obliged to make it like a show home either, only to return it in the same state as when you checked in. Dont expect your efforts to be recognised!

Tell me about it! My husband went mental when I got the bleach out to rid the bedrooms of the damp and mould!!

FBaby

He would be mad to release your deposit early, it defeats the whole point of having one in the first place. What if you decide that you want him to pay for kicking you out and start breaking things in spite? You know you wouldn't do that, but would he? The whole point of the deposit from a LL perspective is that claiming costs for damage from the scheme is safer than trying to find you after you've left to take you to court.

A bit confused about the last statement? You mean you were happy to sleep in rooms that had damp and mould that you could have cleaned but had not done so for your own benefit?

I wouldn't worry about the flooring, doesn't sound like a sign of damage.

MoneySavingMission

your landlord should have the deposit in a safe scheme - ask for the reference number.
this cannot be discussed until move out inspection and handing the keys back.
he might retain an element of the deposit and if you disagree you can challenge via the mediation service if it's logged officially where it should be.

G_M

Have you checked the deposit is protected? Was it protected within 30 days? Were you given the PI within 30 days?

The floor might well be W&T, though it depends on the cause. If you did something to catch thee edge and pull it up (eg wen hoovering/cleaning) that would be damage. But difficult to prove either way.

I agree tha change of heart over returning the deposit now is just sensible - I'd usually never return it before the tenancy ends except with certain very trusted tenants.

If he has turned nasty, you have the option of refusing access for viewings by buyers etc, but why escalate the animosity....?

See

* Deposits: payment, protection and return

Gemm83

Once again, Thank you for all your responses.

!bit confused about the last statement? You mean you were happy to sleep in rooms that had damp and mould that you could have cleaned but had not done so for your own benefit?

We have to de mould on a monthly basis, we don't intentionally leave it, it comes back so quickly!

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The lifting is in the middle of the photo just to the right of the pink kitchen base!

dimbo61

That is normal wear and tear.
You maybe worrying over nothing !
Can you check he has protected your £650 deposit