Landlord withholding deposit; possibly wanting more money - advice?

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  • Landlord withholding deposit; possibly wanting more money - advice?

    Hello,

    I have just moved out of a one-bedroomed flat having lived there for 3 1/2 years. The flat was in a good condition when I moved out, with nothing I would consider damage. There were some marks on the wall and carpet, but these were only scuffs in the hallway and some very small marks on the carpet in the lounge. (They have taken photos). I consider these fair wear and tear.

    In addition to this, I cleaned the entire flat before I moved out. However they were not happy, basically with the state of the oven and the top of the cupboards in the kitchen. I think they are also claiming there are some slight black marks around the door handles, some dust on the radiators etc. They are therefore claiming I should pay for someone to clean the flat for £150.

    I have had many inspections and ironically an inspection less than a week before I moved out (or told them I was moving out) and I was told the scuff and chipping of the paint, marks etc was just "wear and tear and everything is fine".

    However, after I moved out, I have been told the landlord expects me to pay for the entire flat to be redecorated and the carpets to be cleaned throughout.

    Do you - as landlords - think this is reasonable?

    Unfortunately my deposit was made in November 2006 and so it's not covered under any protection schemes. The CAB told me that I am stuck and will have to accept losing the deposit. However they said I could use the small claims track of the county court to claim it back.

    Now it looks like they will have to take me to court, as I am obviously not going to pay them £750+ to have the flat redecorated.

  • #2
    if it is fair wear and tear then you should receive your deposit back. you may want to take them to the small claims court.

    What did the agreement say about decoration. Usually this would be the tenants responsibity. What do you feel the state of the decoration was when you moved in compared to when youl eft

    Comment


    • #3
      Well I dont believe it said anything other than something along the lines "the property shall be yielded up in the same clean state it was provided in.."

      I have offered to clean the affected areas such as the oven even going to the point of offering to clean everything not up to their standard- does the legally have to give me a chance to do this? "Allowing the tenant the opportunity to remedy any defect before charging for it"?

      As for the paintwork/decoration, it is clean and good. I would say personally it is in the same condition it was given to me in, apart from the few scrapes and marks from the 3 1/2 years of use.

      Comment


      • #4
        Originally posted by miffed_ex-tenant View Post
        In addition to this, I cleaned the entire flat before I moved out. However they were not happy, basically with the state of the oven and the top of the cupboards in the kitchen. I think they are also claiming there are some slight black marks around the door handles, some dust on the radiators etc. They are therefore claiming I should pay for someone to clean the flat for £150.
        A lot depends on whether or not there was a check-in inventory report carried out. Without this, the LL has no evidence that you're responsible for any dirt or damage. You're not required to return the property in a better condition than it was when you moved in. You are not liable for fair wear and tear.

        Having said this, you should leave the property clean to at least a domestic standard, and after 3+ years a professional oven clean is almost certainly necessary.

        However, after I moved out, I have been told the landlord expects me to pay for the entire flat to be redecorated and the carpets to be cleaned throughout.

        Do you - as landlords - think this is reasonable?
        The redecoration, definitely not reasonable unless you have actually damaged the decor - any normal scuffs or minor marks are fair wear and tear. Carpets depends on how clean they were when you moved in.

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