Deposit deductions- for which items is T liable?

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    Deposit deductions- for which items is T liable?

    just a quick one !
    i've looked at our tennants agreement & i know when they move out soon there has been some damage to the house.
    curtain pole been pulled off wall loss of plaster no idea if they've still got the pole as it matched another one in the same room will need to be repainted as well

    cleaning of carpets as they have had pets & carpets were steam cleaned prior to the let. what if we are missing spare carpet as well??

    the kitchen has all built in appliances should they not be all in working order when they leave are we responsible for their repair ?

    the smoke alarm which is mains operated they claim stopped working & threw it out so we have no idea if it was broken or not.

    I want to do what is right & correct

    #2
    Please clarify:

    Do you have a detailed check-in inventory detailing the state of the property and its contents on Day One of the tenancy?

    Do you have a check-out inventory detailing the same things on the day they moved out?

    Is their tenancy deposit protected in a scheme (if an AST and begun after 6 April 2007).
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      Foolishly I probably should have done one but as it was a private let (rent didn't even cover the mortage) thought didn't need to as the only items left in the property were fixed to the house except for 2 pairs of curtains which wouldn't worry me anyway.

      hubby is off to solicitors today to double check a couple of things

      the trouble started when we wanted to increase their rent when we discovered 2 houses almost the same & in worse condition inside are paying nearly £400 more per month!!!

      Comment


        #4
        Originally posted by southeast lass View Post
        Foolishly I probably should have done one but as it was a private let (rent didn't even cover the mortage) thought didn't need to as the only items left in the property were fixed to the house except for 2 pairs of curtains which wouldn't worry me anyway.

        hubby is off to solicitors today to double check a couple of things

        the trouble started when we wanted to increase their rent when we discovered 2 houses almost the same & in worse condition inside are paying nearly £400 more per month!!!
        Without a condition report/inventory you are going to find it very difficult to prove to either a court or a deposit scheme what was in the house when tenant arrived, or what condition it was in.

        Save the solicitors fee and put it down to a learning experience. Things like re-decoration, you wouldn't be able to claim back in full anyway. From your brief description I'd say the damage etc is less than a months rent - hard as it is, it's probably not worth the hassle. Concentrate all your efforts on getting a new tenant in there ASAP at you nice new higher rent so you can re-coup that money.

        Comment


          #5
          Without a condition report/inventory you are going to find it very difficult to prove to either a court or a deposit scheme what was in the house when tenant arrived, or what condition it was in.

          The house had been empty & on the market in showroom condition have pictures as well as estate agent report plus our own survey when we bought it.
          I would have thought that would have been suficient

          we'll have to sit down & weigh up our options

          Comment


            #6
            reasonable requests prior to leaving a property

            my tenant is about to leave after almost 2 years the house was in showroom condition when they moved in.
            the carpets were deep cleaned (i even had them take their shoes off before coming in to look around!) chimney swept, private cess pit empty.

            they have pets, used the lovely fireplace & sewage system. should i be unreasonable to expect it to be handed back in the same condition?
            i know that there was a piece of matching carpet on top of the existing one in the living room as the previous owners had made some holes with hot embers but when I was round there last it wasn't there & a plant had a matching piece of carpet in a circle underneath it in the same room?

            i know i can easily put a rug on top of the carpet to hide the holes but certainly dont want to have to recarpet 2 rooms!!

            i must admit i am not too worried about the curtains but i did notice that one of the matching curtain poles had been pulled off the wall losing some plaster no idea where the matching tiebacks are.
            there were 2 identical sets one for the front room & one for the back as they are joined together (the rooms that is!!)
            if those have been lost then it looks like more expense to replace them & redecorate 2 rooms as well. I hope not!

            Any comments?

            Comment


              #7
              You can expect it to be handed back in the same condition less fair wear and tear. The carpets should be cleaned to the same standard - but will be a bit more worn after 2 years occupation. The tiebacks should be present and the curtain poles should be re-attached. The private cesspit should also be emptied.
              This is all provided that you have a detailed inventory with photographs, signed by the tenant when he first moved in which stated the conditions that you state. If this is the case, then you will be able to take action to have the cost of this rectification deducted from the tenant's deposit as held in an approved scheme. Have you asked whether the tenant will accept the cost of this rectification? If he will, then get a certificate to this effect signed by him where the cost is stated. The deposit holding organisation will then refund his deposit less the agreed sum which will be forwarded to you.
              If the tenant does not agree then you will have to put your claims to the deposit holding organisation's dispute resolution service, or ask for the dispute to be referred to the small claims court (recommended.) If you are to succeed in this instance you must have a signed inventory from when the tenancy started, photographic evidence of the current situation for which you are claiming and quotations for the necessary rectification/replacement work. Don't forget that allowance must be made for fair wear and tear and that the arbitration service will not accept the cost of (say) a brand new replacement carpet.

              P.P.
              Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

              Comment


                #8
                The following comments assume that: this is an AST in England/Wales, deposit is protected, and you had an inventory check-in carried out at the start of the tenancy. If you didn't, and the T disputes any deductions, then you don't have the evidence to prove the T's liability.

                Originally posted by southeast lass View Post
                should i ...expect it to be handed back in the same condition?
                Yes, with the major exception of fair wear and tear. For example, it may have been freshly painted two years ago, but inevitably there will be marks here and there caused by everyday use of the property - you can't expect to get the property back in the previous 'showroom' condition.

                i know that there was a piece of matching carpet on top of the existing one in the living room as the previous owners had made some holes with hot embers but when I was round there last it wasn't there & a plant had a matching piece of carpet in a circle underneath it in the same room?

                i know i can easily put a rug on top of the carpet to hide the holes but certainly dont want to have to recarpet 2 rooms!!
                I'm not sure what you're asking. T is entitled to move the piece of carpet if he wants. T is certainly not liable for burns caused by somebody else.

                i must admit i am not too worried about the curtains but i did notice that one of the matching curtain poles had been pulled off the wall losing some plaster no idea where the matching tiebacks are.
                there were 2 identical sets one for the front room & one for the back as they are joined together (the rooms that is!!)
                You can claim deductions to repair the plaster and replace the tiebacks.

                Comment


                  #9
                  Yes in South East England & deposit is protected.

                  "I'm not sure what you're asking. T is entitled to move the piece of carpet if he wants. T is certainly not liable for burns caused by somebody else."

                  It looks like they have chopped up this spare piece of carpet that was in front of the fireplace yes it did hid the burn marks from the previous owner of the property but it was the only spare piece of matching carpet . I know this might sound daft but when we eventually move in I have an adult with problems who cannot stand rugs but carpet is ok as long as it is the same.
                  I surpose I should have removed it at the time but this particular phobia wasn't around then!!

                  Is it better for us to do these remedial works such as cleaning & replastering or should we give that responsability to the tenant with appropriate invoices etc? I could well imagine that they would hire a rug doctor (which works ok) but wouldn't have the same results as the professional cleaners. The same with the plastering?

                  Many thanks for your helpful comments it was on the lines of what I thought it should be but thought I'd better ask the experts. Still at least soon We'll be in the house with a granny annex & much more room!!

                  Comment


                    #10
                    Originally posted by southeast lass View Post
                    It looks like they have chopped up this spare piece of carpet that was in front of the fireplace yes it did hid the burn marks from the previous owner of the property but it was the only spare piece of matching carpet . I know this might sound daft but when we eventually move in I have an adult with problems who cannot stand rugs but carpet is ok as long as it is the same.
                    I surpose I should have removed it at the time but this particular phobia wasn't around then!!
                    The fact that this spare piece of carpet has greater value to you, personally, does not affect its actual commercial value. If T has damaged it, you can only charge a portion of the cost of replacing it with a similar piece of carpet.

                    BTW, I wonder if this adult's rug phobia would be okay with a piece of carpet with a border (instead of whip-stitched as I imagine your carpet piece is)? Like these http://www.naturalrugstore.co.uk/roomsets.asp


                    Is it better for us to do these remedial works such as cleaning & replastering or should we give that responsability to the tenant with appropriate invoices etc? I could well imagine that they would hire a rug doctor (which works ok) but wouldn't have the same results as the professional cleaners. The same with the plastering?
                    You can advise T that remedial work is required and that if they do not do it (to a satisfactory standard) before the end of the tenancy, then you will do the work yourself after the tenancy ends and seek to claim deductions from the deposit. But remember, if T disputes anything, you will need evidence of the previous good condition/cleanliness of the property, ideally in the form of a check-in inventory - without this, you will struggle to prove T's liability.

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