Tenancy Deposit Dispute - what are my rights please?

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    Tenancy Deposit Dispute - what are my rights please?

    Hi, wondering if anyone can please offer some advice. For the record, my deposit is held with TDS. I have moved out of a rental property and today received the checkout report. The landlord was moving back into the property after being abroad for 5 years. Before moving out they arranged for contractors to visit the property and told us they were going to redecorate by way of paining and re carpeting the whole house.

    We were told that although a professional clean was expected we did not need to have the carpets cleaned as new carpets were to be laid the day after we moved out. Today I have received the check-out report and the breakdown of costs the landlord would like to charge me for. Although they explicitly told me they were going to fully redecorate and when comparing the checkout reports there is no significant difference in the paint work or the flooring. Re the flooring, when we moved in the previous tenants had a dog and there were a lot of scratches in the living room. We highlighted this in the check in report. The checkout report has also noted this, but it has come to our attention that the landlady called the inventory company and had them amend report to say there were significant scratches to the floor. We do have a pet, but she has never scratched the floor. The Landlord is using a cost model whereby they are charging me a % of the cost for the walls to be redecorated and floors to be sanded based on the longevity of the paintwork for 10 years. So, I am being made to pay for the 2 years that is left in the lifespan of the paintwork and the same applies to the floors. The landlord has owned the house for 7 years.

    I have never heard of this cost/charge model, is it legal? I cannot see anything to this effect in my lease nor find anything on the TDS.
    Can the landlord have the inventory clerk modify the report to exaggerate wear and tear and then try to charge me? (Example scratches by dog, not mine)
    If the report clearly indicates no damage to the property and no significant discrepancy in the paint work is she allowed to charge me for the lifespan of the paintwork remaining?
    Should the Landlord not have waited for the check-out report, explicitly provided me with any re decoration quotes she felt I was responsible for, before carrying out any work in the house?

    It is my belief the landlord was always going to re decorate and the decorators arrived the day I handed the keys back. I feel like I am being charged for a redecoration project off the back of my lease but with no evidence of damage to the property and without the opportunity to agree or disagree to what work needed doing or having a say in the decorators used.

    If anyone can please advise or point me to a site where I am able to obtain information re my rights and how to respond to the landlord I would be very grateful.

    Thank you.



    #2
    Go through the adjudication process of the TDS, with the evidence, the LL can have any figure they want but it would be for your agree or disagree with, if you disagree then it's moved to claims handler at TDS who will ultimately have finally say and verdict. If you have and documentations that says that you don't need to clean the carpets etc, add this to your defence paperwork and submit to the TDS.

    Comment


      #3
      Thank you Ash72. Is it standard procedure for a tenant to respond the agent and or landlord or simply to open a case with the the TDS directly? Might anyone be able to direct me to a site which may hold a legal type of template letter in order for me to respond? Thank you.

      Comment


        #4
        The landlord can claim compensation for any loss in value of their property beyond fair wear and tear.
        If they can demonstrate that there is damage beyond fair wear and tear, it sounds as if the calculation they are using is right, the loss adjusted for the fair wear and tear they were expecting.

        But they can only charge you for the loss if the thing they are replacing needed to be replaced.
        If there's no need to decorate or replace the carpets, there's no lifetime lost because the condition is down to fair wear and tear.
        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
          It is correct procedure to charge a percentage based on the shortened lifespan - so if paintwork should last 5 years and the LL has to repaint after 4 the lifespan has been shortened by 1 year - 20% - so that it a correct charge.

          The question is how long something should last. I would suggest painted walls - 5 yrs; carpets 10 yrs; woodwork 10yrs - but the LL can't charge you because she is moving in and wants new paint / carpets if they clearly wouldn't need replacing for another tenant.

          I would either make an offer if you feel there is anything above wear and tear that you should pay for or go through arbitration with the deposit scheme. If you go to arbitration make sure you supply evidence to back up your statements.

          Good luck

          Comment

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