Landlord Dispute

Fbho30

Hiya, just looking for some advice, we have moved out of a property and the landlord is withholding the deposit and also requesting an additional £990 for repainting of the house, maybe new carpets and a professional deep clean. The painting is just due to general wear and tear such as scuffs on the wall, do we have to pay this extra?

DE_612183

Did the landlord get your deposit lodged with an offcial scheme?

Albermarle

This is a very common situation. Did you take lots of photos of the state of the place when you moved in, so you can not be blamed for any damage that was already there?
If all it needs is splash of paint and a good clean, then some landlords would see that as par for the course and not charge. However if things are damaged ( cigarette burns, chunks out of the plaster, ripped carpet etc) then it is right for them to charge.

Fbho30

The landlord did have the deposit in a scheme, the property was cleaned before leaving but he would like it done professionally also the carpets were professionally washed but some stains were not removed, the front door would stick when closing which was a problem for around 8 months before we left the property this was not our fault he would like us to pay for a brand new door, is that right? 

DE_612183

did you report the issue of the front door to him?
did it get reported on any of the inspections?

I think he's trying it on - find out which deposit scheme the deposit is logded with and I'd dipute anything which is not just wear and tear.

Fbho30

Yes he knew about the front door and had two inspections after before our tenancy ended everything that was bought up on inspections was fixed now he’s come up with a long list including the professional clean 

km1500

that is what the deposit protection scheme is for

raise a dispute they will sort it out

_Penny_Dreadful

Fbho30 said:

Hiya, just looking for some advice, we have moved out of a property and the landlord is withholding the deposit and also requesting an additional £990 for repainting of the house, maybe new carpets and a professional deep clean. The painting is just due to general wear and tear such as scuffs on the wall, do we have to pay this extra?

Fbho30 said:

The landlord did have the deposit in a scheme, the property was cleaned before leaving but he would like it done professionally also the carpets were professionally washed but some stains were not removed, the front door would stick when closing which was a problem for around 8 months before we left the property this was not our fault he would like us to pay for a brand new door, is that right? 

How long did you live in property for? 

£990 does sound excessive but you appear to have stained the carpets, how badly. You also admit to scuffing the walls, how badly did you scuff the walls? Do you know how old the carpets are and when the property was last decorated? 

How does the cleanliness of the property at the start of the tenancy compare with the cleanliness at the end? 

Have you compared the check-in inventory with the check-out inventory? 

Did you report the door sticking to your landlord during the tenancy? Did you force the sticking door shut to the point where you have caused visible damage to the door? 

Fbho30

The property was last painted 5 years ago, carpets are 7 years old, we were in the property for 3 years, the door isn’t damaged it just sticks when it’s closing. 

propertyrental

Damage you caused is down to you. Wear and tear is not. Re the door, depends on the cause. If you slammed/damaged it that's your fault. If it expands when wet/in winter, that's the LL's problem.

There's also a concept called 'betterment'. The LL cannot put himsef into a better position (eg by getting you to pay for a carpet you damage) than he'd be in if you'd not damaged it So:

if the carpets are 7 years old, and would normally have a lifespan of, say 10 years, then had you not damaged them he'd have 3 years more use from them. He cannot therefore claim the cost of brand new carpets giving him 10 years more use - he can only claim 3/10ths of the cost of new carpets.

That's 'betterment'. When you appeal to the deposit scheme arbitrator make sure you mention the carpet's age if he is claiming for brand new ones.

BobT36

This sort of thing is literally why the deposit schemes exist. 
It's like a hotel suddenly charging extra to prep the rooms for the next guest, after you've left, rather than baking it into their upfront costs and managing it like any other overhead of running a business.