Is mould on bath sealant wear and tear?

akira181

So my old landlord is being difficult with my deposit but we're not entirely free from fault so I'm unsure what to do and need some advice. My girlfriend and I stayed in that flat for 6 years and the LL never once done any maintenence work unless it was absolutely necessary. Like our fire alarm kept going off randomly at all hours and it took them 6 weeks to admit they couldn't fix it themselves and called out an engineer. We reported growing cracks in the ceiling multiple times and after 5 months, 21kg of plaster and cornicing came crashing down before they repaired it. Some windows weren't water/air tight and difficult to close properly. Their advice was not to open the window instead of fixing it. So they're penny pinchers and I feel they're trying to do it with the deposit.

Where we're at fault (my girlfriend and I) is that my gf brother moved in with us nearly 2 years ago and we didn't tell the LL although it was kind of obvious he was staying whenever they came round. He also registered a business there (for correspondence, no work was done from the flat), which was against the tenancy agreement apparently. The company was struck off after a year and they said they're not too bothered by any of it since we were good tenants and never gave them any hassle.

Now all the furniture and stuff inside the flat was used by their son when he was at university, so cheap IKEA around 10 years old by the time we left. The LL spent 4 hours going through the inventory (also turned up 2 hours early and let themselves in). They're claiming the odd glass, plate, cutlery, etc are missing and will replace the sets with something new.

Also there's mould on the sealant around the bath and because the tenancy agreement says the bath and tiles need to be wiped down after every use, they're going to charge for it to be replaced. There's no extractor fan, we opened the window when weather permitted, used a squeegee to clean the tiles and cleaned the tiles every couple months. They need to renovate for new tenants anyway since everything is so old and dated so I don't know why they're making an issue of this. After 6 years living there and the flat never renovated during our stay, surely that counts as wear and tear?

Also, I don't think they put our deposit in deposit protection scheme so could I request that the dps mediate our dispute hinting that they also screwed up? Or am I at fault and just take the loss?

Pixie5740

akira181 wrote: »

So my old landlord is being difficult with my deposit but we're not entirely free from fault so I'm unsure what to do and need some advice. My girlfriend and I stayed in that flat for 6 years and the LL never once done any maintenence work unless it was absolutely necessary. Like our fire alarm kept going off randomly at all hours and it took them 6 weeks to admit they couldn't fix it themselves and called out an engineer. We reported growing cracks in the ceiling multiple times and after 5 months, 21kg of plaster and cornicing came crashing down before they repaired it. Some windows weren't water/air tight and difficult to close properly. Their advice was not to open the window instead of fixing it. So they're penny pinchers and I feel they're trying to do it with the deposit.

Where we're at fault (my girlfriend and I) is that my gf brother moved in with us nearly 2 years ago and we didn't tell the LL although it was kind of obvious he was staying whenever they came round. He also registered a business there (for correspondence, no work was done from the flat), which was against the tenancy agreement apparently. The company was struck off after a year and they said they're not too bothered by any of it since we were good tenants and never gave them any hassle.

Now all the furniture and stuff inside the flat was used by their son when he was at university, so cheap IKEA around 10 years old by the time we left. The LL spent 4 hours going through the inventory (also turned up 2 hours early and let themselves in). They're claiming the odd glass, plate, cutlery, etc are missing and will replace the sets with something new.

Also there's mould on the sealant around the bath and because the tenancy agreement says the bath and tiles need to be wiped down after every use, they're going to charge for it to be replaced. There's no extractor fan, we opened the window when weather permitted, used a squeegee to clean the tiles and cleaned the tiles every couple months. They need to renovate for new tenants anyway since everything is so old and dated so I don't know why they're making an issue of this. After 6 years living there and the flat never renovated during our stay, surely that counts as wear and tear?

Also, I don't think they put our deposit in deposit protection scheme so could I request that the dps mediate our dispute hinting that they also screwed up? Or am I at fault and just take the loss?

When did your tenancy start?

Have you checked with the 3 schemes?

- Letting Protection Scotland
- MyDeposits Scotland
- Safe Deposits Scotland

If your deposit hasn't been protected then no you cannot use a scheme's arbitration service. If your deposit wasn't protected and it should have been then you can take your landlord to a First Tier Tribunal.

Mould on the bath sealant is not wear and tear. It can, and should have been, cleaned off. Your landlord is not entitled to betterment, in other words he doesn't get new for old. If items of crockery and cutlery are missing you can be charged but he won't get the full value of buying brand new sets.

dimbo61

First thing you need to do is Check if your deposit was registered with the DPS people.
If your landlords did not register the deposit when they should have done they were very stupid.
Check if they registered the deposit first.
After 6 years the Landlords have got a bloody cheek trying to charge for mould/ discolour on the bath sealant.
Dispute everything with the DPS people if the landlord makes any deductions.
It is then up to the Landlords to prove the condition of the property when you moved in and what damage you have done above normal Wear and Tear.
After 6 years the Landlord should be expecting to have to repaint the property and update/replace old worn out items

akira181

I'll try to check with the DPS people but I'm not 100% sure of the exact date I moved in. It was 6 years ago and we renewed the lease every year so don't even know if I still have the original paperwork.

The LL told me if we couldn't find the missing items, he'll be going to John Lewis to get replacements before refunding the deposit. Do I tell him he can only deduct the current value of the 10 year old items from my deposit and not treat himself to a new dinner set?

justjohn

Think your landlord is taking the p*ss. Find out if deposit is registered. It should have been. You should have some document stating who it is regd with. You should have got it with you EPC when you started tenancy. Or ask your landlord wh0 they regd it with.(they must provide that info)


If its not regd then tell them you want it all back pronto.
Also is you LL registered as a landlord ? you can check on this link https://www.landlordregistrationscotland.gov.uk/search

Pixie5740

akira181 wrote: »

I'll try to check with the DPS people but I'm not 100% sure of the exact date I moved in. It was 6 years ago and we renewed the lease every year so don't even know if I still have the original paperwork.

The LL told me if we couldn't find the missing items, he'll be going to John Lewis to get replacements before refunding the deposit. Do I tell him he can only deduct the current value of the 10 year old items from my deposit and not treat himself to a new dinner set?

There's no point checking with DPS because that scheme only covers England and Wales. You need to check with the 3 schemes I listed above. Alternatively you can write, that's a letter not a text, to your landlord asking for details of where your deposit is being held. Shelter Scotland has templates you can use.

I wouldn't get into what your landlord can and cannot claim at the moment. Focus on finding out if your deposit is protected or not first.

akira181

OK, thanks for the advice. I'll check with the 3 schemes and also send an email to the landlord asking for that information.

DottieDam

But secondary to figuring out your deposit mould on bath seal isn't wear and tear. It has built up because it hasn't been cleaned properly and has led to damage of the bath seal. Maybe with it being six years you might have some leverage though.

Need_a_name

Don't know Scotland differences but this should still be relevant:

Photos from when moved in?
Inventory from moved in?
Photos taken when moved out?
Inventory from when moved out?

Sounds like betterment from length of time you were there but make chcking for a protected deposit a priority

AdrianC

If the deposit really isn't protected, then just take them to court for full return of the money.

In fact, given that they're being petty idiots who've no idea of basic maintenance, just go for the full 3x...

Wanderingpomm

He can’t claim betterment so he’ll need to buy 6 year old John Lewis plates. I’d replace via a charity shop if he’s going to be very difficult. However if the deposits not protected then go to court and get it back along with the fine for not protecting it.