Advise on landlord claims please

Jesselinoa

UPDATE ON BELOW

Just had a call from the agent.

Landlord is claiming entire deposit of £1,500 for -

Re-carpet entire house on a minimum 4 year old carpet and all we did was 1 stain in the living room

Painting entire house - not painted in a minimum 4 years and we touched up the walls

2 holes in brickwork for 2 screws that held in EV charger.

I do have photos too from when we left.

Advise please and what would be suitable settlement. It is with DPS

Photos here

https://ibb.co/WvVTf375

https://ibb.co/QvzBRTZq

https://ibb.co/Fb032gx1

https://ibb.co/hFxWryzZ

https://ibb.co/sd3GBpqP

https://ibb.co/939SWD35

https://ibb.co/v645xh5K

https://ibb.co/fzkYrqb8

https://ibb.co/sJMmmLKr

https://ibb.co/XkStLZgH

https://ibb.co/MDWTCxpV

https://ibb.co/MDM0dXz9

https://ibb.co/mFMzVZsC

https://ibb.co/6RKDZMY0

https://ibb.co/gZjdjQVZ

https://ibb.co/MxKFpJ1H

Landlord claiming for damages that aren't true

Hi All,

Family of 4 here (disabled 8 year old and 16 year old with myself and my wife) that have just moved out from an AST in england.

We moved in 2 years ago and then the landlord (great guy) sold up around 8 months ago. Well the new landlord refused to fix things like thermostat in the shower despite it being only way to wash.

So we felt we had to move.

Now this landlord has been very tough to deal with. The old landlord said even during the sale this guy was rude and hard to deal with. I wont repeat the exact phrase.

So on leaving 14 days ago I took photos.

The old landlord purchased the house 4 years ago. Didnt repaint or put down new carpet.
Each wall was a slightly different shade due to aging of the walls (we wanted to touch it up but no paint matched).

So in the living room we have left a stain (edit, stain is on carpet not wall) that we are happy to cover. However he is claiming for paint on the walls etc that is just down to not being decorated for a minimum of 4 years .

Any advise on dealing with this guy? It is with DPS

Voyager2002

Keep it formal and polite: simply say that you do not agree and so the DPS will come into play.

By the sound of things you are absolutely in the right so will eventually get back your deposit.

Jesselinoa

Voyager2002 said:

Keep it formal and polite: simply say that you do not agree and so the DPS will come into play.

By the sound of things you are absolutely in the right so will eventually get back your deposit.

Hi, that was why I put up links to photos. I am happy to pay for the stain in living room however I cannot see how he can claim what he is claiming for. 

theartfullodger

Just dispute everything.  

Tabieth

Dispute it with the DPS and then just wait. The LL is clearly being unreasonable so I wouldn’t worry too much. 

RAS

The LL needs evidence of deterioration beyond normal usage. Do they have a dual signed in-coming inventory, preferably with accompanying photos or video?

They are not entitled to betterment. For an item with a 10 year life span that is damaged in year 8, the maximum would be 20% cost of similar replacement. If they want to replace a standard carpet with a better quality one, they bear the additional cost not the departing tenant.

One poster here paid £80 after adjudication, for an iron burn she admitted causing to a carpet, not the full cost of replacement the LL demanded.

Check the details of your deposit scheme and whether it is custodial or insurance based.

Jesselinoa

RAS said:

The LL needs evidence of deterioration beyond normal usage. Do they have a dual signed in-coming inventory, preferably with accompanying photos or video?

They are not entitled to betterment. For an item with a 10 year life span that is damaged in year 8, the maximum would be 20% cost of similar replacement. If they want to replace a standard carpet with a better quality one, they bear the additional cost not the departing tenant.

One poster here paid £80 after adjudication, for an iron burn she admitted causing to a carpet, not the full cost of replacement the LL demanded.

Check the details of your deposit scheme and whether it is custodial or insurance based.

Hi, it is custodial. What is the difference?

Mr.Generous

Jesselinoa said:

RAS said:

The LL needs evidence of deterioration beyond normal usage. Do they have a dual signed in-coming inventory, preferably with accompanying photos or video?

They are not entitled to betterment. For an item with a 10 year life span that is damaged in year 8, the maximum would be 20% cost of similar replacement. If they want to replace a standard carpet with a better quality one, they bear the additional cost not the departing tenant.

One poster here paid £80 after adjudication, for an iron burn she admitted causing to a carpet, not the full cost of replacement the LL demanded.

Check the details of your deposit scheme and whether it is custodial or insurance based.

Hi, it is custodial. What is the difference?

Custodial the scheme hold the cash, they won't release it to LL unless you agree, or they arbitrate and find in his favour. I wonder if he has good evidence of condition at check in - like the walls for example? Without evidence he's lost. With it you would still expect some wear and tear after 4 years, and you say it wasn't freshly decorated when you started tenancy so as others have said dispute everything. I'm guessing rent was quite high from the size of the deposit.

Jesselinoa

Hi,

I have the move in survey that shows marks on walls and carpets etc.

In short we lived there 2 years, the initial landlord lived there for 2 years prior. No one ever painted or changed carpets. So it is all minimum 4 years old.

Mr.Generous

Use your photos as evidence in your favour, this landlord sounds like a fool, and too gready for own good. After 4 years I'd expect to decorate a place, that's normal.