End of Tenancy_Left overs

TornSoldier

need_an_answer wrote: »

Having followed the threads of this poster...I believe they are purchasing an onward property in or around the Cheltenham area...which I understand is not a cheap place to either rent or buy in.
OP forgive me if I've then made the assumption that the rental you are leaving is also in the same ara


Its a little presumptuous to suggest that "they are having a laugh" simply because the OP hasn't shared with us the size of the garden or the extent of the weeds....and from experience I am able to confirm that the quote given for an electrician in the Cheltenham area for refixing lights could easily be in the ball park quoted.



However as previously suggested I would urge the OP to follow the arbitration route via the deposit service with details of the clear evidence they have to support their claim

Yes! We are moving from rental property to our own (ITS ANOTHER WIP). While I can give in for the garden weed (we did it ourselves in the past within 1 hour), it is the carpet and tv I am more concerned about.

I am not sure if
1) I should pay for a brand new tv for an old tv
2) I should pay for a brand new carpet for a carpet (claimed new) when we moved in and a dropped iron left a mark on it. I suppose I do not have a choice on it??

Yalpsmol

Muhandis previously explained what you are "liable" for. The example of a TV was used but the same applies to a carpet. The carpet was new 2 years ago. It would be 2 years old now even with perfect treatment.

TornSoldier

need_an_answer wrote: »

Both sides will have evidence,which they both supply as part of the adjudication process

It makes little difference who starts the adjudication process off...it can be the tenant by simply requesting the deposit back in full or it can be the LL listing the deposit deductions they wish to make.

Its unclear from the OP's first post whether this has been done in an informal email between parties or through the deposit portal..but at least we are in agreement that the OP should raise a dispute through the deposit service.

OP the more factual and photographic evidence you have of how you left the property will help you in your claim

At the moment I am just receiving emails from the letting agent regarding the repairs. I have requested them original receipts for the TV/Carpets. Have agreed with odd repaints etc.

hb2

Stop messing around with the letting agent and request your deposit back from the protection scheme.

[Deleted User]

Look at the GM link mentioned above, research betterment. It will help your argument that the charges are not viable. You seem to be posting but not reading and absorbing some of the useful replies.

TornSoldier

deannatrois wrote: »

Look at the GM link mentioned above, research betterment. It will help your argument that the charges are not viable. You seem to be posting but not reading and absorbing some of the useful replies.

Understood. I am going to act on it today.

muhandis

There is literally nothing for you to gain by playing email ping pong with an agent who is quite evidently trying to milk you for every penny of your deposit.

In your place, I wouldn't even agree to the "odd repaint" that you appear to have conceded.

Go to the website of the relevant deposit scheme and look up how to reclaim your deposit and kick start the process. It usually starts with you requesting the agent/LL to return your deposit and if there isn't an agreement possible in a certain time period (10 days usually) or the LL fails to respond, you can raise a formal dispute.

If nothing else, at the end of the process, you will have learnt a lot to be able to better enforce your rights at the next rental.

Good luck.

TornSoldier wrote: »

The letting agent has come back with

1. Asking full price for a brand new TV when the old TV was old. I do not think i should give a brand new TV to the LL or he should at least share the cost No you don't need to pay for a brand new TV. I've explained the logic in a previous post. Plus, the agent/LL needs to prove that the corner of the TV wasn't already broken when your tenancy started, again preferably through a professional inventory report with photos.

2. We had a carpet in a room which I had once dropped an iron leaving a mark. For the same, letting agent has given me quote for a brand new carpet. While I agree carpet damage is my fault, should I still be paying for a brand new carpet when I am not going to use it. Again, no you don't need to pay for a brand new carpet. The logic is the same as the example of the TV. In addition, if you took it to a formal dispute, the extent of damage will also be a consideration in how much compensation the landlord is awarded.

3.£100 for weed removal from the garden boundaries. I don't think i have a challenge there? You do. If it goes to adjudication, the agent will need to show the state of the weeds at the start of the tenancy (professional inventory report with photos) and the state at the end needs to be substantially worse for them to be awarded any costs, let alone £100

Also, what if LL takes the money from the deposit but never gets the work done? Is there a legal right to inform us that money has been spent? I am asking because in our former tenancy, we paid a fortune for the end of tenancy while the LL decided to paint, change carpet for sale. We know this coz the buyer turned out to be a former colleague

Is their an actual betterment law?

Should I just forget my deposit. Not unless that's what you want. If the agent could get their hands on your deposit money without your permission, they'd have already done it.

saajan_12

TornSoldier wrote: »

The letting agent has come back with

1. Asking full price for a brand new TV when the old TV was old. I do not think i should give a brand new TV to the LL or he should at least share the cost - First question is did you actually damage the TV? If you have a picture of the TV from when you moved in, that would shut the claim down, but if not, its upto the LL / LA to prove it wasn't broken before. This could be a picture or receipt to show its new, or maybe a statement in the inventory that its in good condition. But there has to be something.
Second, the cost is either the cost of repair or the cost of a x year old tv. If it was new 2 yrs ago and should last 8? yrs, then that's 6 out of 8 years of useful life the LL has lost, so 75% of the cost of a new one.

2. We had a carpet in a room which I had once dropped an iron leaving a mark. - okay, that is damage over fair wear and tear. For the same, letting agent has given me quote for a brand new carpet. While I agree carpet damage is my fault, should I still be paying for a brand new carpet when I am not going to use it. - its not about you using it, the point is you should pay the depreciated cost. So if a carpet should last 12 years, and it was new at the start, you're paying for 10 out of 12 years lost, ie 5/6 of the materials + fitting cost.

3.£100 for weed removal from the garden boundaries. I don't think i have a challenge there? - depends on the area and fair time it woudl take. For an hour's work, plus travel etc for someone to come with equipment you probably won't get much change out of £100.

Also, what if LL takes the money from the deposit but never gets the work done? - they don't have to get the work done. Its perfectly fair if htey keep the money, but lose out on time doing the work themselves rather than paying someone, or lose out on the quality of carpet etc in their property. Is there a legal right to inform us that money has been spent? I am asking because in our former tenancy, we paid a fortune for the end of tenancy while the LL decided to paint, change carpet for sale. We know this coz the buyer turned out to be a former colleague


Is their an actual betterment law? - yes Should I just forget my deposit - no

Betterment means they can't get brand new / full costs to remediate something which they should be expecting to suffer fair wear and tear. Eg the carpet, TV etc should be x years used. If you hadn't damaged them, they would have been able to use the item for y years in total, so they should get the lost useful life ie (y - x / y) of the cost of materials + labour.

Gardening and cleaning come under things that should be regularly maintained, they don't get 'used up' or worn down. So you should pay for the full, but fair cost to remediate this.

Andysandy

Speaking as a landlord, there's nothing much to add to what GM, muhandis and saajan have said. You can roll over and hand over your cash to these unscrupulous agents or research the rules around deposit protection and take the claim through the process.

Believe me, these schemes are quite lenient towards the tenants and awards are typically small. I don't tend to claim deductions unless absolutely necessary but even then the result is usually poor (for me). I was once awarded £20 for the deep clean of a carpeted living room (for which I'd asked £60 which was the lowest of 3 quotes) at the end of a 3 month process.

The scheme agreed that the tenant was liable for cleaning it professionally but awarded a measly £20 for me to get it done which they thought was "reasonable" considering the gap between how the tenant left it and how it should have been left.

Marvel1

TornSoldier wrote: »

The letting agent has come back with

1. Asking full price for a brand new TV when the old TV was old. I do not think i should give a brand new TV to the LL or he should at least share the cost

2. We had a carpet in a room which I had once dropped an iron leaving a mark. For the same, letting agent has given me quote for a brand new carpet. While I agree carpet damage is my fault, should I still be paying for a brand new carpet when I am not going to use it.

3.£100 for weed removal from the garden boundaries. I don't think i have a challenge there?

Also, what if LL takes the money from the deposit but never gets the work done? Is there a legal right to inform us that money has been spent? I am asking because in our former tenancy, we paid a fortune for the end of tenancy while the LL decided to paint, change carpet for sale. We know this coz the buyer turned out to be a former colleague


Is their an actual betterment law? Should I just forget my deposit

Read post 2.