After deposit returned

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    After deposit returned

    Hi,

    I had been renting a property from an estate agent. The contract was a 6 month term, and after the 6 months we decided to move out.

    The estate agent created a list that needed doing based on the original inventory and asked us to paint one wall back to the original colour which we did then the landlord flew across to take a look at the house.

    It was said that the landlord would keep £100 from our deposit for a deep clean which we happily accepted. The deposit was in a secure fund and everything went through and we received our deposit back.

    A week later I received a email from the estate agent saying that the landlord wasn't happy with 2 of the walls we had wallpapered and a bedframe was missing which we got rid of due to it being very dirty when we first arrived.

    My question is, now we have received our deposit back what responsibility do we have? And are they within legal right now we have received our deposit back?

    Any help would be greatly appreciated as it is playing on my mind.

    #2
    Your liability is not limited to the deposit.

    However, not that the landlord cannot charge the full cost of repainting or repapering. They can only charge that proportion of the original cost that hasn't been used up as a proportion of the normal lifetime of the work, e.g. paint may only be considered good for five to seven years, so if it hadn't been painted in 10 years, you probably wouldn't owe anything for repainting.

    Getting rid of the bed frame, without permission, was not a good idea.

    Comment


      #3
      Thanks for your response.

      But for how long can that go on, in our eyes the landlord requested we give £100 of our deposit to cover whatever they wanted and to bring the property back up to scratch and now they are in our eyes nit picking. Surely the end of the tenancy and return of the deposit is enough.

      We read on a landlord website that once a deposit is returned it is extremely hard for a landlord to make extra requests?

      Cheers

      Comment


        #4
        If the landlord thinks you are liable for a loss that they have incurred they can try and recover the funds from you.
        To do that, they'll have to show that you caused them a loss, that it was beyond fair wear and tear and that they have kept the loss claimed to a minimum.

        To enforce that claim, they would have to send you a letter outlining their claim in full and notify you that they may take legal action if you don't pay by a date.
        They may not do that and go straight to court, but they should.

        Then they can go to court to have the debt enforced. As you say, the fact that their agent agreed a fee for what was due will count against them, as will the fact that by making the claim after the deposit was returned, the landlord has essentially removed the deposit company's adjudication process as an option.

        As above, any claim should be adjusted to allow for either the past use of what's been lost (the bed frame had some use before being disposed of) or for the future use of what's being replaced (the new paint has several years of remaining value).

        The landlord has six years to commence their claim.

        The balls in their court.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Even with a deposit still held, the tenant can just say "see you in court". However, if they do that, it is more likely that they will end up having to pay the legal costs.

          Comment


            #6
            But staying in a place for 6 months and thinking that you can paint a wall, presumably without permission, is a damn cheek. Presumably you reinstated it to its exact pre-damaged status (same number of layers of paint on the wall, and the exact color to within 1%). This is BAD tenant behaviour - and because, as outlined above L will struggle to get recovery, it increases rents for all tenants.

            Comment


              #7
              Originally posted by Georgeguest250 View Post
              then the landlord flew across to take a look at the house.
              Is the LL living outside of the UK? (Or are you using 'flew' simply to mean a quick visit).

              If he is abroad then he's going to have problems trying to take you to court in the UK.

              Comment


                #8
                Originally posted by Georgeguest250 View Post
                Thanks for your response.

                But for how long can that go on, in our eyes the landlord requested we give £100 of our deposit to cover whatever they wanted and to bring the property back up to scratch and now they are in our eyes nit picking. Surely the end of the tenancy and return of the deposit is enough.

                We read on a landlord website that once a deposit is returned it is extremely hard for a landlord to make extra requests?

                Cheers
                I raised the question here: http://swarblaw.co.uk/viewtopic.php?f=7&t=4128 No consensus emerged as to what the legal position is.

                Comment

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