Tenant has moved out and left the flat a mess

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    Tenant has moved out and left the flat a mess

    The estate agent has £675 of deposit. The flat is in need of a deep clean, the bedroom carpet is filthy (might need replacing). I have been told I cant charge for a new carpet as its over 10 years old. The bedroom needs redecorating due to roller marks (attempted paint work) on the wall in lighter colour. Also marks on the walls everywhere. Where do I stand with claiming against the deposit. Do I have to do a check out with the estate agent which will cost £180. I have been managing the property myself. It basically looks like they havent tried to clean. they've just emptied the flat of there stuff.

    #2
    They did clean the fridge, bath and toilet and washing machine tray. but all of the floor weren't swept hoovered or mopped. there a re smear marks where theyve attempted to wipe something off. There's dirty brown stains on the floor near the loo, worktop in the kistchen is brown stained.

    Comment


      #3
      The carpet is old enough to be completely depreciated and would need to be replaced anyway, so there's no loss to claim compensation for.
      You need to plan to replace carpets every so many years as a matter of routine.

      What you can claim for the other items depends on your loss (which is linked to how long the tenancy lasted and the condition when you handed it over to the tenants). Sounds like the place simply needs cleaning.
      Does your tenancy agreement say anything about cleaning?

      If you're managing the property yourself why does the agent have to deposit?

      You can do your own check out or pay the agent to do it, that's your choice.

      What you can claim from the deposit depends on what you can agree with the tenant or can get past the deposit protection company claims process or a court if you decide to use that option.
      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


        #4
        OK so they have left. Has the tenancy been formally ended - eg did they move out after serving valid notice, or was this a bailiff eviction??

        Simply start deposit claim with deposit scheme. Obvs.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          Ask the tenant what they think is a reasonable deduction and take it from there.

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            #6
            Originally posted by boletus View Post
            Ask the tenant what they think is a reasonable deduction and take it from there.
            NO!! Tell the tenant what you plan to take and see if they agree! Break it down so it is clear eg x hrs cleaning at £ y per hour - its then harder to disagree. I would also itemised the things that you are not charging for eg 'carpet in need of cleaning however as I am replacing it - no charge', so they can see how reasonable you are being.

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              #7
              Thanks, he is handing me the keys this afternoon, he gave me 1 months notice as it was a rolling tenancy. I will point out what needs doing and give him quotes for work when I have them. Do I have 10 days to provide quotes? and is it 10 working days (2 weeks)

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                #8
                Originally posted by jpucng62 View Post

                NO!! Tell the tenant what you plan to take and see if they agree! Break it down...
                NO!! Ask them first. If it's unreasonable, then break it down.

                Comment


                  #9
                  Your claims are compensation for the loss in value of your asset beyond fair wear and tear.
                  So the amount it costs to put things right needs to be adjusted for any fair wear and tear - it's unlikely you'd be able to claim all of what things cost you to replace or put right (other than, possibly, the cleaning).

                  The time limits are set by the deposit protection company and they vary.
                  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


                    #10
                    Originally posted by sporter82 View Post

                    Thanks, he is handing me the keys this afternoon, he gave me 1 months notice as it was a rolling tenancy. I will point out what needs doing and give him quotes for work when I have them. Do I have 10 days to provide quotes? and is it 10 working days (2 weeks)
                    I'd have a very good idea of what it is going to cost and settle it all this afternoon.

                    Comment


                      #11
                      Originally posted by boletus View Post

                      NO!! Ask them first. If it's unreasonable, then break it down.
                      The tenant will say that they left it in a decent condition so there is no need to charge anything. Tenants generally don’t have any idea of the cost of things or they would do it themselves.

                      I know of a tenant who left a load of rubbish in the house. The LL charged £25 to take it to the tip and the tenant asked why it cost so much when the tip was just 5 mins away! How much do you think they would’ve considered reasonable?

                      Comment


                        #12
                        Originally posted by jpucng62 View Post

                        The tenant will say that they left it in a decent condition so there is no need to charge anything.
                        The tenant is handing over the property this afternoon, that's when to point out any issues and have a reasonable conversation.

                        Comment


                          #13
                          I read somewhere online it's illegal to charge for a professional end of tenancy clean. What's the deposit for exactly?

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                            #14
                            Its illegal to insist on one up front, it doesn't mean you can't charge for one if the property is left dirty.

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