Tenant in property 11 years and 6 months - fair wear and tear and damages

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    Tenant in property 11 years and 6 months - fair wear and tear and damages

    Hi,

    Have a tenant moving out after 11 yrs 6 mths - always paid rent and no problems during duration of tenancy.

    However they are moving out and there are quite a few problems with damages. Nothing malicious but its adding up. Can anyone give me guidance on whether I should hold back deposit...items are:

    Window Roller blinds : nearly all are broken, the string has snapped not the wooden slats broken, are approximately 13 years old
    Curtain rods - a lot of have been replaced with cheaper items as they have come off walls , originals are 15 years old
    Carpets - all pretty grey - 15 years old
    Walls - grubby - blue tack on 4 walls -decorated 13 years ago
    garden furniture - completely rotted away
    Lost locks on front window - wooden frames in a bad condition through age
    Shower fitting - comes off wall through cracked wall mounting - 15 years old

    Otherwise they have professionally cleaned.

    Advice welcome


    #2
    So, you haven't replaced any of these items, or redecorated, for at least 13 years?

    I would say that the reasonable deduction, taking into account fair wear and tear, comes to a total of absolutely nothing.

    Comment


      #3
      completely agree. You've been incredibly fortunate that the departing tenants haven't requested these issues to have been resolved during their tenancy.

      Suggest you return the deposit in full and start carrying out the maintenance that you've been neglecting for years.

      Comment


        #4
        No point even contemplating any deductions as no deposit scheme would entertain it. Sounds like you've neglected the property too. Rotting window frames and a cracked shower housing are definitely landlord responsibilities anyway unless deliberately damaged by tenants and the problems should have been picked up during routine inspections.

        Comment


          #5
          I would have expected to address all of those long ago.

          Comment


            #6
            I'm going to go after them. That they've been living in the property for nearly 12 years doesn't matter. I've found they put up a coat hook on a door, didn't ask me for permission. Also they replaced the letterbox and there is a stain on the carpet by he back door.

            Comment


              #7
              Originally posted by JoeFL View Post
              Advice welcome
              Originally posted by JoeFL View Post
              I'm going to go after them.
              So you weren't really after advice, just wanted someone to agree that going after your tenants deposit was ok. You've stated that most is due to age (you have given the age of the items), so what makes you think the life expectancy of the items hasn't diminished to zero?

              How much of your tenants deposit are you expecting to withhold and what are you apportioning to what and why?

              Were you expecting the carpet to be in tip top shape after 15 years? Were you hoping that after a 11 and a half year tenancy that you could use them for another 15 years?

              11 and a half years worth of rent and it appears you haven't really spent anything on maintenance and you want your tenants deposit too?

              Originally posted by JoeFL View Post
              Nothing malicious
              Originally posted by JoeFL View Post
              Otherwise they have professionally cleaned.
              Originally posted by JoeFL View Post
              Advice welcome
              Mine would be, give them back their deposit. Also, I'd say they wasted their money having the place professionally cleaned, as you would need to replace the carpets, etc due to age anyway.

              Comment


                #8
                Originally posted by JoeFL View Post
                I'm going to go after them. That they've been living in the property for nearly 12 years doesn't matter. I've found they put up a coat hook on a door, didn't ask me for permission. Also they replaced the letterbox and there is a stain on the carpet by he back door
                It matters quite a lot.
                Any claim you make depends on the value of the item damaged adjusted for the normal loss in value over time.

                Any claim you make has to be on one of two bases.
                Either something specifically mentioned in the tenancy agreement or on the basis of a loss in value to your property beyond fair wear and tear.

                The blinds (5 - 8 years lifetime), curtain rods (8-10 years), carpets (5 - 7 years) and garden furniture (5 years) are all older than their expected lifetime, so there's no possible loss in value.
                They all needed replacing several years ago.

                The windows and shower fitting are your responsability to maintain, not the tenants. So there's no possible loss to you.

                The coat hook isn't a loss in value (unless they took the hook with them), so again, no loss.
                The letterbox was your responsibility (no tenant in their right mind replaces a letterbox unless its broken).
                And, again, the carpet is worthless (assuming it's the same age as the rest).

                You're trying to claim for damage to things that have no value.

                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


                  #9
                  Wow you are so lucky to have got away with doing so little for so long and they've even bought stuff like a new letterbox

                  as above you are lucky to have had such good tenants that have done all of these things in your property and the thing is that you are trying to claim a ridiculous you are claiming that a hook on a door is worth deducting from deposit if this is the case how much would you like to deduct from the deposit?

                  also how has the hook on the door affected the value of the property?

                  what kind of state were you expecting a 15 year old carpet to be in?

                  overall I have to ask why you expecting the property to be in the exact same condition that you initially rented it in?

                  do you not see how lucky you have been with the tenants?

                  Comment


                    #10
                    I don't think joefl is serious - Joe have you been on the forum before with a different username?

                    Comment


                      #11
                      Window Roller blinds : nearly all are broken, the string has snapped not the wooden slats broken, are approximately 13 years old
                      Curtain rods - a lot of have been replaced with cheaper items as they have come off walls , originals are 15 years old
                      Carpets - all pretty grey - 15 years old
                      Walls - grubby - blue tack on 4 walls -decorated 13 years ago
                      garden furniture - completely rotted away
                      Lost locks on front window - wooden frames in a bad condition through age
                      Shower fitting - comes off wall through cracked wall mounting - 15 years old


                      maybe this is why he left - nothing was ever repaired -

                      I would think the only thing worth claiming for would be for the lost locks (dont you mean keys ???)

                      I would think yourself lucky to have a tenant that replaced a few bits like a curtain hook ect
                      Most of mine painted everything bright colours without permission, and did all sorts of things , painted over my wooden panels with pale pink paint and the agent didnt mention all these things -

                      I would give the tenant the whole of the deposit back not worth the hassle of a few hooks

                      Comment


                        #12
                        How much rent have you received from these tolerant Ts in 11.5 years?
                        How much have you saved in maintenance costs & expected voids over the same period?

                        Comment


                          #13
                          To be fair, it is possible that the sitting tenant might have been offered replacement carpets etc during the tenancy but chose not to suffer the disruption.

                          Unlikely though because that would strongly suggest that the landlord knew that they should be paying for these.

                          Perhaps 'daveg' is correct.

                          Comment


                            #14
                            This thread demonstrates why deposit protection legislation was brought in. Landlords refusing to return deposits came into three broad categories: those who treated a deposit as extra rent; those who exaggerated their claims; those with unreasonable expectations. The OP has unreasonable expectations.

                            It also demonstrates a downside to tenancies with no security of tenure: there is no incentive on the tenant to keep the property nice as a section 21 notice may land on the doormat at any time. In the 1970's I rented and so did many acquaintenances. We all decorated regularly.

                            It also indicates the increasing tendency of landlords to want to control what their tenants do in the property. To penalise tenants for making minor improvements like putting hooks on the back of a door or putting up pictures is going too far.

                            Comment


                              #15
                              someone is pulling your (roller blind) strings folks!
                              Unshackled by the chains of idle vanity, A modest manatee, that's me

                              Comment

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