Advice on rights for return of private rental deposit after 10 years (Scotland)

Dreamstar1000

Hello, My wife and I will be vacating a privately rented residence that we have occupied for a duration of 10 and a bit years in the near future. At this juncture, we would appreciate some guidance on a matter of concern. The letting agent has recently dispatched an email outlining the expectations for returning the apartment. Although some of the requirements seem reasonable, the extensive and meticulous nature of the provided checklist has raised concerns within us, despite the fact that the flat is in a good condition and we have no hidden issues.

According to information received from a representative at the letting agency (we called them a few months ago), we were under the impression that, after a period of 5 years, the sole grounds for potential forfeiture of our deposit would relate exclusively to cleanliness matters such as dirt, mold, etc.

Could any of reading this kindly confirm if this is correct or not? (thank you for reading much appreciated)

anselld

You are referring to wear and tear and betterment where the L is unable to claim beyond the useful life of an item even if damaged.  Most soft furnishings and decor have a useful life less than 10 years so would have nil value in any claim.
As you say cleaning is another matter and it needs to be clean no matter how old or worn it is (assuming it was clean at the start).
However the L can still claim for loss or damage to long-life items, eg ...
   damage like holes or chips to doors, woodwork, walls etc
   damaged sanitary wares
   damaged kitchen units, worktops, etc
   If furnished, damage to furniture, loss or theft of items, etc
Also perhaps less likely things like unauthorised modifications or additions to the property.
The EA checklist will be standard distribution for all tenancies so may not fully apply in your case.

TripleH

Do they have arbitration on deposits in Scotland? (I would assume yes?).

Do you have the paperwork and photographs from when you moved in still?

theartfullodger

Follow the advice on Shelter Scotland's website about deposit returns, plus if you know which scheme it's protected in, on that scheme's website.

It's your money, not landlord's, if he wishes to retain some he needs to justify it.

Having been a landlord since 2000 I'd expect to need complete new flooring and painting after ten years plus probably some other refurbishment at landlord expense.

dimbo61

After 10 years of you living in the property the Lettings agents/Landlord should only expect the property to be returned to them in a clean state, No rubbish or household items you no longer want.
Has the property  got a current EICR, EPC and GSC ( if gas in home )
The Landlord will need to spend money repainting the whole property, maybe updated bathroom and kitchen.
If the LA/LL tries to dispute damages after 10 years take your case to arbitration. 
Unless you have removed all the doors and had a bonfire in the garden or knocked down internal walls without permission 🤔 
You should get your full deposit back 
Good luck in your new home.
Did you see and sign a check in inventory 10 years ago ?

Dreamstar1000

anselld said:

You are referring to wear and tear and betterment where the L is unable to claim beyond the useful life of an item even if damaged.  Most soft furnishings and decor have a useful life less than 10 years so would have nil value in any claim.
As you say cleaning is another matter and it needs to be clean no matter how old or worn it is (assuming it was clean at the start).
However the L can still claim for loss or damage to long-life items, eg ...
   damage like holes or chips to doors, woodwork, walls etc
   damaged sanitary wares
   damaged kitchen units, worktops, etc
   If furnished, damage to furniture, loss or theft of items, etc
Also perhaps less likely things like unauthorised modifications or additions to the property.
The EA checklist will be standard distribution for all tenancies so may not fully apply in your case.

Thanks for the reply...basically I spoke to one of the people at the letting agents about 6 weeks ago and he pretty much said to me over the phone that apart from cleaning etc, we should be in the clear (so to speak), but he could have been wrong hence why I was looking for a second opinion in the hope that someone would be able to say definitively what would happen. Over our decade in here, we've not wrecked the flat in any way shape or form. With young children on the go its a bit messier etc than it was when we first moved in...and a cup or plate has been broken, but apart from that its relatively good condition, again was just hoping that someone could shed light on their experience, thanks for the post much appreciated

Dreamstar1000

TripleH said:

Do they have arbitration on deposits in Scotland? (I would assume yes?).

Do you have the paperwork and photographs from when you moved in still?

yeah the deposit is held by a third party...and if required they will arbiter/decide what happens...was just unsure exactly what happens with this as its first time we used an arbiter for the deposits as for paperwork yeah we have the inventory of what was in the flat when we moved in, one or two breakages of plates etc in the 10 years but nearly all there to be fair.  hopefully they'll be okay given the length of time. thanks for commenting much appreciated  

Dreamstar1000

theartfullodger said:

Follow the advice on Shelter Scotland's website about deposit returns, plus if you know which scheme it's protected in, on that scheme's website.

It's your money, not landlord's, if he wishes to retain some he needs to justify it.

Having been a landlord since 2000 I'd expect to need complete new flooring and painting after ten years plus probably some other refurbishment at landlord expense.

yeah am going to give them a call this week at some point to see what they say, hopefully they will be able to give me a definitive answer, when I contacted the letting agent about 6 weeks ago, the guy was pretty sure we would be fine, BUT...that was only verbal also the letting agent has not been 100% honest with us in the past over stuff so I am inclined to take what they said with a pinch of salt if that makes sense? thank you for taking the time to post, much appreciated

Dreamstar1000

dimbo61 said:

After 10 years of you living in the property the Lettings agents/Landlord should only expect the property to be returned to them in a clean state, No rubbish or household items you no longer want.
Has the property  got a current EICR, EPC and GSC ( if gas in home )
The Landlord will need to spend money repainting the whole property, maybe updated bathroom and kitchen.
If the LA/LL tries to dispute damages after 10 years take your case to arbitration. 
Unless you have removed all the doors and had a bonfire in the garden or knocked down internal walls without permission 🤔 
You should get your full deposit back 
Good luck in your new home.
Did you see and sign a check in inventory 10 years ago ?

thank you very much for the kind words...yeah we signed an inventory when we moved in, during our time in the flat we have tried to keep it pretty much "as is"...there have been one or two breakages of plates and cups in that time, BUT...apart from that everything is pretty much as it was, just a lot older and more used, bed, couches, chairs etc etc...we've never really been difficult tenants and always tried to keep it in decent condition. we have had a 8 weekly flat inspection for the past 10 years  (6 visits a year) and they have never really found anything at all which they could throw at us. the doors and windows etc ALL intact and just a case of it needing painted and some wear and tear on the goods and furniture.  thank you again for the reply, and also for the good luck, much appreciated   

RAS

Am astounded that your rental included crockery? After 10 years, it's probably only headed to the chazzer?

Dreamstar1000

RAS said:

Am astounded that your rental included crockery? After 10 years, it's probably only headed to the chazzer?

yeah flat was semi furnished when we went in...so this included crockery, beds, cutlery, sofa, table, even wall pictures etc...we've kept all that since moving in, but now they have all seen better days unfortunately but that is just wear and tear to be honest, same with the linen in the wardrobes, some if it has had to be put out etc through use, but thats after a decade to be fair...