Unreasonable Landlord

shaunnaob · 8 July 2018 at 7:16PM

Hi Everyone!
Almost two years ago my partner and I moved into our first flat, and while the landlord has at times seemed a little strange (he once let himself into the flat for a fire alarm check without permission as he didn't realise I was home and in bed asleep), he's always seemed quite laid back and grateful for the condition we keep the property in. Last week he came round for the environmental health inspection and has now begun to complain about everything. Let me preface this by saying the flat has clearly been decorated and maintained on a shoestring budget, I'm talking the most basic IKEA furniture you can buy. So his first complaint is the carpet in the bedroom, its an incredibly cheap beige carpet that wasn't in the best condition when we first moved in, and it really clings to dirt. We hoover as best we can but even the hoover seems to leave behind track marks in the carpet so I honestly dont know what he expects us to do. But by far the most outrageous comment was regarding damp patches on our bedroom wall, he says if they aren't gone by the time we move out he will bill us. It is noted on the tenancy agreement that there were already some marks when we moved in and I can appreciate that it is now worse, but we have a dehumidifier in the room, keep the windows open constantly in summer and use the central heating frivolously in winter, as well as keeping a specific towel to wipe condensation from the windows if necessary. The fact of the matter is the walls obviously are not well damp proofed and there is nothing we can do to help that. We don't plan on moving out for another year or so but I'm starting to worry that he's going to try and keep our deposit to replace his poor quality carpets and furniture and blame us for the damp. Any advice?

need_an_answer · 8 July 2018 at 7:26PM

Do you have an inventory that shows via pictures or describes the condition of items at the point you moved in?

If yes good.

Use this as the base document to return the property to that standard minus fair wear and tear when you move out.

How was the carpet documented in the inventory?

If you end up dis agreeing with deposit deductions at the point you move out,you can challenge them with the deposit service that holds your deposit.

Remember when you move out to take your own pictures as evidence of how you leave the property as you may need them when/if you need to counterclaim.

For some advice on dealing with condensation google it there are plenty of tips which may help ease the condensation and prevent mould occurring.

shaunnaob · 8 July 2018 at 7:43PM

Yes, we do. The carpet is listed as 'satisfactory condition' with signs of considerable wear and tear. What do you think counts as fair wear and tear? for example my chest of drawers is again obviously very old and very cheap and the drawers are only held by small pieces of plastic, one of these is broken.

need_an_answer · 8 July 2018 at 7:52PM

any thing that is listed as satisfactory condition on a check in inventory and then goes through a further tenancy would not in my opinion warrant the LL claiming much if anything from your deposit re the carpet.

however sometimes these things are open to individual interpretation so what I would consider satisfactory you LL may not.

Again if the cheat of drawers was in that state when you moved in then any claim could be challenged,however if you have added to the damage whilst there,you may need to pay a portion of repair/replace costs

The LL is not entitled to betterment but could charge something based on the condition when listed on check in and then on check out.

photo it and challenge it if need be when the time comes

jonnygee2 · 8 July 2018 at 8:00PM

but I'm starting to worry that he's going to try and keep our deposit to replace his poor quality carpets and furniture and blame us for the damp.

He can't charge you for damp. In fact if it is causing disrepair (like cracks in the wallpaper etc) he is responsible for fixing this and you should tell him such. Nor for replacing the carpet. You can only be charged for actual damage you have caused. And then - he can only charge reasonable amounts (not to replace the whole carpet, for example)

Don't stress at this point. Just keep records of the emails etc. When it comes to checking out, if everything is as you've described you can challenge it with the deposit scheme.

And remind him of his repair responsibilities for any damage the damp on HIS walls might be causing. And if he keeps coming in, change the locks.

anselld · 8 July 2018 at 9:32PM

Why is there an environmental health inspection? That is no doubt what has P'd him off.

shaunnaob · 8 July 2018 at 11:14PM

The carpet has a slight burn on from my straighteners which I take responsibility for and wouldn't mind being charged for, but the rest of the issues with it are due to the fact it was a poor quality carpet that was already on its way out two years ago

shaunnaob · 8 July 2018 at 11:16PM

need_an_answer wrote: »

any thing that is listed as satisfactory condition on a check in inventory and then goes through a further tenancy would not in my opinion warrant the LL claiming much if anything from your deposit re the carpet.

however sometimes these things are open to individual interpretation so what I would consider satisfactory you LL may not.

Again if the cheat of drawers was in that state when you moved in then any claim could be challenged,however if you have added to the damage whilst there,you may need to pay a portion of repair/replace costs

The LL is not entitled to betterment but could charge something based on the condition when listed on check in and then on check out.

photo it and challenge it if need be when the time comes

Well this is exactly what I thought. If it was only satisfactory when we moved in I'm not sure how much longer he was expecting it to last anyway..

shaunnaob · 8 July 2018 at 11:18PM

anselld wrote: »

Why is there an environmental health inspection? That is no doubt what has P'd him off.

Its a big house that he personally split into four flats.. apparently all buildings like that are being inspected due to new regulations?? At least thats what he told me

[Deleted User] · 9 July 2018 at 1:18AM

I wonder if environmental health have noted concerns about the state of the place and he is trying to pass repair costs onto you?

You may have a 'bad weather' facing wall on that side of the house, or a wall with insufficient insulation (I have had that problem, solved it by putting insulating wallpaper up but I wouldn't recommend this for a private tenant). It sounds like you are doing what could be done to prevent problems.

I wonder if you can ask to see the environmental health report?

Again, in a private rental, i was told damp in a bathroom was my fault, due to condensation in spite of best efforts to keep window open etc. I did point out it was oddly rectangular in shape, in line with roof tiles. Eventually the ceiling and roof fell in, all was repaired by LL and the 'condensation damp' never reappeared. The LL could have saved himself a fortune by repairing the roof when I started pointing out the problem rather than just blaming it on me (sneaky grin) lol.

FBaby · 9 July 2018 at 7:34AM

You need to separate W&T from damage. Burn marks and other marks that can't be removed are not W&T. It doesn't matter whether the carpet is not great quality, it doesn't mean that damaging them is acceptable. The damage is the reason why some LL go for the cheapest carpets. You can expect that he will dispute and even though he wouldn't be entitled to the cost of changing the carpet, and the fact that it wasn't in a new/good condition in the place means that what he will be able to claim is minimal, he will still get something for the fact that you've damaged it.

Also, not true at all that he can't claim for damp. Damp is almost always caused by condensation. He could get professionals in just after you moved out and if they were to confirm that there is no structural issues (that he would have had to fix), damage cause by damp could be charged to you. What you need to do now is write officially to report the damp and ask for a damp report. If he refused, I would consider getting one yourself. If the cause is considered to be condensation, then you need to take steps to sort it out. If the cause is structural, then you need to show the LL the report and officially ask for the repairs to be effected.

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Unreasonable Landlord

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