Tenant responsibilities

bouicca21

I’m willing to bet the landlord can’t prove how clean it was 12 years ago.

Smodlet

Smodlet wrote: »

I am not sure this applies in Scotland but, given their housing laws tend to make more sense than ours (at least, to me) your landlord can claim only for fair wear and tear, Janders99, not for betterment as he is trying to do.

Please look after your own interests; your LL is all over his. I wish you luck and please let us know how you get on.

da_rule wrote: »

You appear to have misunderstood your own link. A landlord cannot claim for fair wear and tear (or ‘betterment’).

OK, I gotta do this. Yes, da_rule, you are, of course, correct. Smodlet was :coffee: deprived, which is no excuse.

Unfair wear and tear, commonly known as (avoidable) damage, is a legitimate deduction from the deposit; unavoidable damage, commonly known as fair wear and tear, is not. In other words, how the devil can anyone, even a LL, expect a 12 year old carpet to look like new unless it was an Aubusson hung on the wall of a museum in perfectly maintained conditions?

I feel better.

Janders99

Thanks again for all the replies, this is the only place I've rented so your advice has been very helpful.
There was no inventory done at the start, there was very little in it, a couch in the living room, a small fridgefreezer(still there and working), and a bed in the small bedroom(never used and still there). It is a very small flat, only 5 rooms, the bathroom and second bedroom are only 6 sq metres each, the main bedroom around 9 sq metres, the kitchen maybe about 8 and the living room probably about 10-12 square metres so even including the hall the whole flat is barely 50sq metres.
When I said it needs cleaned i dont mean i left it filthy, i spent time cleaning the place before I went, i just mean after 12 years i wouldn't have found it unreasonable if he had wanted to get a proper cleaner in for a day to shampoo the carpets and give everywhere a good deep clean.
There is a large vertical blind in the living room which is now about 15 years old and is very tatty, is this treated the same as carpets or is this something which I would be expected to replace?
Do you think it is worth me calling cab this week or is there someone else I should speak to? One last thing, checking sites like Shelter and reading your replies it all says that fair wear and tear is to be expected but is there an actual law which covers this? If it does end up going further or even to stop it getting to that stage it would be good to have something specific I can show him that shows his claim isn't reasonable. Sorry for the longwinded reply but I want to cover myself as much as I can.

[Deleted User]

Not exactly what you asked for but I hope this helps (re Scottish Law as well)

https://www.safedepositsscotland.com/blog/2017/06/29/Ask-SafeDeposits%3A-what-is-fair-wear-and-tear%3F/

https://www.mydeposits.co.uk/wp-content/uploads/mydeposits-Scotland-Guide-to-Rules-of-Claiming-for-Deposit-Deductions-1.pdf

Smodlet

Deannatrois, what brilliant links you have provided; thank you. I found them interesting and am sure the OP will find them very useful indeed.

snilloct1957

When did the LL last re-decorate or replace carpets? £4000 for 12 year old carpets and decoration? I don't think so. The 15 year old blind pre-dates your moving in and falls into the same category as the carpets. How does the LL know it wasn't damaged by the previous tenant? Has he proof? The LL is trying it on, but take photos and note any damage before you leave. The advice given above indicates that the LL is on very shaky ground in getting the matter to court, let alone winning it.

Smodlet

snilloct1957 wrote: »

When did the LL last re-decorate or replace carpets? £4000 for 12 year old carpets and decoration? I don't think so. The 15 year old blind pre-dates your moving in and falls into the same category as the carpets. How does the LL know it wasn't damaged by the previous tenant? Has he proof? The LL is trying it on, but take photos and note any damage before you leave. The advice given above indicates that the LL is on very shaky ground in getting a matter to court, let alone winning it.

Dude, you appear to have added a nought to that figure; it was £400 but the rest of your post absolutely stands.

Yalpsmol

Cant tell if you are kidding but it is 4k. Thats what OP says the LL is claiming it will cost (but they will graciously accept 2.5k).

Smodlet

Yalpsmol wrote: »

Cant tell if you are kidding but it is 4k. Thats what OP says the LL is claiming it will cost (but they will graciously accept 2.5k).

My apologies, Yalpsmol, you are correct; the deposit is £400. The LL actually thinks he can get 10 x that? Even for a LL, he is taking the urine. I guess disbelief clouded the brain cell. My bad.

snilloct1957

Smodlet wrote: »

Dude, you appear to have added a nought to that figure; it was £400 but the rest of your post absolutely stands.

Dude, no, I didn't. Read the OP's first post, the LL is asking for £4000 to re-decorate the flat. I think you need another slug of caffeine.