Excessive Wear and Tear / returning deposit

Kel_bels

Hi all! Looking for a bit of advice if possible please. I've recently left a rental after 8 years, and the landlord is deducting a lot from my deposit, this is the first time I'm going through this, and I'm trying to gather whether they can deduct the amount they are requesting. We did have an issue where we both tested positive for Covid so couldn't fully clean the place, which we accept as we were both quite unwell! (Especially with me being high risk, I was so ill!)

Anyway, the checkout report makes reference to some things being 'excessive wear' - can they deduct for these? If the items were deemed 'damaged' by the tenant, then I would have expected that to have been on the checkout report. We were in the property for 8 years. Some of the excessive wear are things like a scuff mark to the low level of a wall, or a mark on the skirting board under the window. 

Also, there are some things mentioned on the check-in report, but no images were provided. Those same things then came up in the check out report, but this time they have provided images, and the landlord is now trying to deduct for those. As they are mentioned in the check-in report, am I right in thinking they cannot make deductions for those? 

Then we have some rubbish removal, which I'm quite confused about. There was an empty food caddy bin, and fire extinguisher. These were both on the check-in report (they were both actually never used!), and now they want to throw them away and charge me for this? Surely that cannot be right? 

Lastly, we have requested a copy of the quotations they have obtained for these things to evident the cost; do they have to provide to us at this stage? 

If anyone has any links, or can point me towards statute / case law or anything that may be helpful to me, please do let me know  

Have a nice day!

theoretica

Was your deposit protected?  Simply dispute item by item with the check in report/fair wear after 8 years and ask for everything except maybe the cleaning to be returned.  They will work out what the LL can and can't charge for and return the rest.

Mahsroh

They don't have to provide quotes / receipts. It's compensation and they can spend the money they deduct down the pub if they so wish!

That said, of course the deductions have to be proportionate, both in terms of the reasoning and the actual sums deducted. I've found that LA's / LL's often aren't very good at actually comparing the check out report to the check in report, so the first port of call is to go back to them and point these out. When I left my last rental place they tried to charge for an iron burn on the carpet, even though the check in report clearly detailed it and even had a picture of it!!

Also tell them that you disagree that the wear is excessive considering you've lived there for 8 years. If they still continue to push back then you can raise a dispute with scheme under which your deposit is protected.

That of course assumes that the deposit is protected. If it's not then you're quid's in. 

Kel_bels

Yes the deposit is protected. Thanks both. I’ll point out the differences and see what they come back with  

theartfullodger

Yes, dispute everything through the scheme: The deposit schemes brought in because there had been years & years of greedy landlords ripping off tenants over deposits.

As a landlord after 8 years I'd expect most floorings, wallcoverings (including paint), furniture etc etc etc to need replacing or re-doing at landlord's expense. .  Sounds like this landlord is another greedy chancer.

Good luck, keep asking! See also...
https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_deposit_back

Kel_bels

Just to confirm, the landlord obtained quotes that’s where they got their figures from. 

theartfullodger

Kel_bels said:

Just to confirm, the landlord obtained quotes that’s where they got their figures from. 

Doesn't matter: If e.g. there was an old worn carpet when you moved in 8 years ago, he now wants to replace it (fair enough) then it's not for you to pay for a new one, it's his problem & expense.  You've been paying him for 8 years to cover things like this!

See also
https://www.mydeposits.co.uk/content-hub/fair-wear-and-tear-what-is-it-and-how-is-it-applied/

newsgroupmonkey_

theartfullodger said:

Kel_bels said:

Just to confirm, the landlord obtained quotes that’s where they got their figures from. 

Doesn't matter: If e.g. there was an old worn carpet when you moved in 8 years ago, he now wants to replace it (fair enough) then it's not for you to pay for a new one, it's his problem & expense.  You've been paying him for 8 years to cover things like this!

See also
https://www.mydeposits.co.uk/content-hub/fair-wear-and-tear-what-is-it-and-how-is-it-applied/

Every time I read your posts, I think you sound like my folks. I know you're not, because they have no property in Scotland

They factor in that every time a long-term tenant leaves, they need to get the whole place fully refreshed with paint and anything else that's necessary - carpets and so on. I'd say 8 years is a long-term tenant.

[Deleted User]

Think you are looking at footing the cost of cleaning. The rest will be wear and tear.

theartfullodger

newsgroupmonkey_ said:

theartfullodger said:

K......

Every time I read your posts, I think you sound like my folks. I know you're not, because they have no property in Scotland

I have misfortune and shame of being born English.

newsgroupmonkey_

theartfullodger said:

newsgroupmonkey_ said:

theartfullodger said:

K......

Every time I read your posts, I think you sound like my folks. I know you're not, because they have no property in Scotland

I have misfortune and shame of being born English.

Me too, but I'm half Scottish by a mate of my Dads.