What can a landlord deduct from a deposit?

Pixie5740

Since the introduction of mandatory deposit protection for tenants it has never been easier to challenge spurious deductions. If your friends can’t be arsed to raise disputes with the deposit schemes when landlords try it on then frankly they deserve to lose money.

You have a duty to act in a tenant like matter which means reporting repairs in a timely fashion. If the landlord can prove that you failed to report a necessary repair, for example a gaping big hole in the roof, then he has a strong case for deducting money.

If you can’t agree on the amount to be deducted then let the deposit scheme’s arbitrators decide.

Pixie5740

hammy1988 wrote: »

Reminds me of when I rented, tiny fray on the stairs from feet going up it, I argued it was wear and tear, she argued that they'd need to replace the carpet on the stairs for the next tenants. It went on for ages no one budging and I gave in to save hassle and was £250 short on our deposit. Go forward two months, I call at the old house to check for letters and boom, the SAME carpet still on the stairs with the new tenants. I was fuming!

If this happened after mandatory deposit protection was introduced the mind boggles as to why you did not challenge it. Even if it was pre-deposit protection days you could have taken your landlord to small claims court.

FYI even when a landlord deducts money for damage, not W&T, the landlord doesn’t have to spend the money repairing or replacing whatever it is the tenant damaged.

FBaby

They are attempting to deduct the whole cost of the repairs for the damage on the basis that they couldn't submit an insurance claim due to the time passed since the damage occurred.

Are you disputing that nothing should be deducted at all because the damage wasn't caused by yourself, or are you disputing the amount?

If it is in your contract that you are responsible for reporting any damage to the LL within x days, then it is likely that they will have a case to deduct something. What that something is is to be agreed between yourself, or by the ADR if you can't. In this case, they will have to make a case why the amount deducted was the loss they incur. You won't have to do anything.


The ADR decision will be final as by agreeing to go that route, you accept their decision, even if you don't agree with it.

saajan_12

hammy1988 wrote: »

Reminds me of when I rented, tiny fray on the stairs from feet going up it, I argued it was wear and tear, she argued that they'd need to replace the carpet on the stairs for the next tenants. It went on for ages no one budging and I gave in to save hassle and was £250 short on our deposit. Go forward two months, I call at the old house to check for letters and boom, the SAME carpet still on the stairs with the new tenants. I was fuming!

To resolve the wear & tear vs damage, you could have taken it to ADR - giving in might be better use of your time but that's your choice, doesn't mean the deduction was necessarily incorrect.

However why fuming - the LL does NOT have to repair the damage, they are deducting for their loss, in deterioration of the property. Perhaps they'll replace at a later date.. perhaps they'll charge less rent than they could have for the next tenant.

m_chc

Hi there,

I've just moved out of my old flat, which when we moved in was really a dump. We repainted all the walls, with the agreement of the landlord. It was dirty af, it took three full days to clean. Everything was old and broken, and still kind of is. However, we made it our home and loved it. Now, the landlord is trying to charge us mad sums for compensation. Mind you, we never spoke to the landlord on the phone nor did we ever see them in the flesh. They have several properties and its obvious when speaking to them that they don't actually know what the flat looks like or the state it is in. They only respond to email - the good thing about that is that I have proof of every communication we've had. I've drafted a reply and would be incredibly grateful if any of you would be able to chip in with advice. Also, can they really charge £20 per nail?? Can I ask for evidence, for instance like a receipt to prove that they've made the repairs they're charging me for?

Honestly, any help or feedback would be hugely appreciated!! Thank you so much!!

1. Check out report - £102.00

--> Please provide copy of receipt to verify cost.

2. Missing keys / possible lock change needed – to be discussed

--> Please see above.

3. Point 6 of attached check out report - Cupboard next to bathroom - Door does not close - £10 compensation

-->The door does close, but needs to be pushed hard for it to close. Considering that the check-in report, which was done in 2016 – three years ago – already stated that the cupboard was in “poor condition”, we consider it unreasonable to ask us for compensation for this.

4. Point 8 – Kitchen walls - 1 nail - £20 compensation

5. Point 9 – kitchen work surface - Has dropped behind sink - £30 compensation

-->The check-in report already stated that the mastic was deteriorating behind both and that they were both in poor condition. Adding fair tear and wear to this, we consider it unreasonable to ask us for compensation for this.

6. Point 10 – kitchen units - Handle loose to false drawer under sink - £15 compensation

-->As the check-in report does not refer to the handle of the false drawer under the sink, it cannot be assumed that its state deteriorated due to us. We consider it unreasonable to ask us for compensation as there is nothing to evidence that this was caused by us.

7. Point 11 – bathroom door - Handles have dropped - £40 compensation

-->The check-in report states that there was already damage done to the handle. Adding to that, that the door was already in a poor state, considering the frame was chipped throughout including just below the handle. We therefore consider it unreasonable ask us for compensation for this.

8. Point 12 - WC Crack to edge - £30 compensation

-->The check-out report ALSO states that the crack “appears old”. Furthermore, the check-in report states that the WC is “dirty”, which is why the crack might have been gone unnoticed at the time. We believe it is unreasonable to ask us for compensation for this.

9. Point 13 - Towel Rails Both loose to wall - £20 compensation

-->A brand-new towel rail costs £20, yet these aren’t broken but solely loose, which is fair wear and tear after three years and can very easily be fixed. We therefore consider it unreasonable to ask us for compensation for this.

10. Point 14 – bedroom wall - 7 nails - £140 compensation (£20 per nail)

The check-in report states that there were already two screws, 1 nail and 3 nail holes present. This number needs to therefore be reduced to 1.

11. Point 15 – window - Right window handle loose - £25 compensation

--> We had already called your attention to this right window handle actually being broken at the time of check-in, which we had added to the check-in report we sent back to you. It clearly states: “The window on the right doesn’t lock-close. It stays close when you pull it close, but you can’t turn the handle to lock it.” We also informed you of this via email on 10th August 2016. We therefore believe it is unreasonable to charge us compensation for a window handle that has been broken since the day we moved in and which we had immediately made you aware of.

12. Point 15 – bed - Mattress pilling to top side, faint central stains Middle legs to underside askew to frame - £40 compensation

--> The check-in report already states that the bed was in used condition and that there were light stains in places. We consider this fair wear and tear and do not consider it reasonable to ask us for compensation for this.

13. Point 17 – wardrobe - Middle hinge detached to right hand door - £20 compensation

--> The check-in report already states that the wardrobe was in “poor condition” at time of moving in. It cannot be expected of us to improve the condition of the wardrobe in the three years we lived there and do not consider it reasonable to ask us for compensation for this.

14. Point 19 – sitting room - 11 nails - £220 compensation (£20 per nail)

--> The check-in report states that there were already 9 nails present when we moved in. The number needs to therefore be reduced to 2 nails.

15. Seems like all the blinds do not cover the windows, can you confirm who replaced them?

--> In full agreement with you including as to the type of blinds we would purchase for you, we replaced them at the beginning of the tenancy in September 2016. You can find this evidenced in several email exchanges.

16. Point 24 - Lever part loose to exterior handle - £20 compensation

--> We already alerted you at the time of check in, which you find in the copy of the amended report we sent you back at the time that the exterior handle was and still is missing. We consider it therefore unreasonable for you to ask us for compensation for a door handle of which half is missing.

17. Point 25 – mattress - underside of mattress stained and discoloured, faint stains to top side - £20 compensation.

--> The check-in report already states that the mattress was in used condition and dirty. We therefore consider it unreasonable to ask us for compensation for this.
!

muhandis

m_chc I wouldn’t bother discussing all this with the LL as he’s clearly trying to clean out your deposit.

Check your deposit protection scheme’s website and start what is needed to be done to get your money back. If it goes to a dispute, you get to use all that you’ve written above.

Good luck!