2year tenant

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    2year tenant

    I apologise for the fact similar posts are all over the forum and you may feel your reading the same problems. However Im getting very stressed and upset about my situation and would really appreciate some advice.

    I have given my notice to my LL, I have paid rent fully on time for the past 2 years and have been a model tenant.
    I only have 3 weeks left of my tenancy. I am moving out into my own house and as I am moving I have boxes around the apartment to be used for packing up and help with the moving process, which I think is very reasonable.

    While out of the area, I got a call from the LL to say they would be around to check keys before taking them into the estate agency, they assured me that wouldnt be needing me to be there it was just a case of checking their keys worked. My boyfriend was at the apartment doing some jobs for me. The LL then ended up going in and conducting an inspection.

    I am moving out and so cleaning isnt on the top of my agenda this week. My boyfriend got a hurl of abuse from the LL and I then did when I raced home to deal with the situation.

    Following day she returned, this time i had been given 24hours notice and had cleaned the rooms to a good standard. I was given a letter of the issues with state of rooms the previous day.

    She began saying she was going to sue me for a new carpet as in some areas there are dark patches (I assumed would come out with a good intense carpet condition). I said that it would be uncalled for to be saying things like that at this stage. Carpet specialist came around with LL who has stated stains will come out but may be slightly discoloured (its a cream carpet). I was then told later on that she was be making me pay for new carpet if its not back to original state (shouldnt carpets be given wear and tear allowance after 2 years?).

    I dont like to wear shoes in the house as its a cream carpet so have always worn slipper like boots, i was told that the carpet has been damaged by wearing these and was told to not wear them again!

    she has also got painters coming around and the sofas getting professionally cleaned and I fear that Im going to get charged for all of this when I feel she does this any time the tenancy changes.

    I am very upset about how she has spoken to me and I am afraid that she is going to take as much money from me as possible.
    Thanks in advance for your advice/views

    #2
    How much is your rent per month?

    Do you know if your depsoit is protected?

    Is there an inventory for when you moved in?

    Comment


      #3
      rent is 675 per month, deposit was same amount.
      reading the contract it says deposit will be put into a protection scheme however it explains that i will receive details of the scheme after 2 weeks of moving in, which I never received
      There was an inventory all graded 1-5 about state of items, carpet was graded 3 in hall and graded 2 in the living areas.

      Comment


        #4
        Ask if your deposit is in a scheme.
        You have been paying fully and on time for 2 years, is that how long you have been at the property?
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Yeh i've been here just over two years.
          My main concern is the LL is going to make me pay for carpets and walls being painted

          Comment


            #6
            Originally posted by charakadisney View Post
            Yeh i've been here just over two years.
            My main concern is the LL is going to make me pay for carpets and walls being painted
            If her check-in inventory details the carpet as being in excellent and clean condition and it is no longer in that condition, then you will be liable for it to be cleaned or replaced minus a fair wear and tear allowance. This will be approx 10% per year for every year of the carpet's life so far (on the assumption a carpet will last 10 years).

            Similarly, if the walls were freshly painted on Day One and they are now above averagely grubby/blutacked etc, then you should expect to pay for them to be freshened up.

            However, if the LL lacks such a detailed check-in inventory, or if the condition of the carpets and walls (after cleaning) represents deterioration due only to fair wear and tear, you are not liable.

            LL can certainly not claim full cost of a new carpet or full cost of repainting whole house.

            Check with all three deposit protection schemes and assuming your deposit is protected with one of them, raise a dispute with that deposit protection service. If it turns out not to be protected, come back to the forum and we'll explain what to do next.
            '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


              #7
              If you like, you can use this form to enquire with all 3 schemes if your deposit is protected.

              http://www.snorkerz.com/deposit.html

              Comment


                #8
                Originally posted by charakadisney View Post
                My boyfriend got a hurl of abuse from the LL and I then did when I raced home to deal with the situation.
                I dont like to wear shoes in the house as its a cream carpet so have always worn slipper like boots, i was told that the carpet has been damaged by wearing these and was told to not wear them again!
                I am very upset about how she has spoken to me and I am afraid that she is going to take as much money from me as possible.
                I'm not surprised you're upset. The LL has no right to abuse you or order you around. Personally, I would refuse any further access to her or her contractors.

                I was then told later on that she was be making me pay for new carpet if its not back to original state (shouldnt carpets be given wear and tear allowance after 2 years?).
                Yes, you are not liable for fair wear and tear, only for damage. Also, even if the carpets require replacement due to damage, you are not liable for the full cost, only a portion, calculated on the expected life-span of the carpet. For example, if the carpet would normally need to be replaced after, say, 6 years due to fair wear and tear, and the carpets are currently 4 years old, then the LL would have 'lost' 2 years' worth of use (33%), so she could only charge you 33% of the cost of replacement.

                In the event she tries to make unfair deductions, the dispute will be settled either via deposit scheme adjudication or via the county court. The deposit is your money, and the LL will have to provide strong evidence that she has suffered a loss and that you are liable in order to succeed in a claim for deductions.

                Comment


                  #9
                  Thanks for all your advice, i've checked the contract and it states that the deposit would have been put into a DPS and I would receive details of this after 14days of moving in, which I never received.

                  So although the LL said it would be put into one im not 100% they got around to doing so.

                  I'm going to see CAB next week to make sure i'm doing the right thing. I've made a note of all contact i've had and plan to take photo's of the sofa's and walls to show no marks/stains.

                  I will also be present on the check out inventory. Been messed around a little yesterday but don't want to refuse entry and mess LL about to make the situation worse, trying to be the perfect leaving tenant.

                  Comment


                    #10
                    Right so carpet got cleaned but LL is still not happy, she is getting the carpet replaced in the main bedroom due to small stains next to the bed.
                    Where do I stand on the costs of the replaced carpet, I moved in 2 years ago and it wasnt a new carpet, was already at least 2years old.

                    Do I have to pay the full amount or am I allowed 10% for each year?

                    I am currently in process of finding out if it is protected by a scheme as it states in contract that it would be, but I never got informed after I moved in.

                    Comment


                      #11
                      Originally posted by charakadisney View Post
                      Where do I stand on the costs of the replaced carpet, I moved in 2 years ago and it wasnt a new carpet, was already at least 2years old.

                      Do I have to pay the full amount or am I allowed 10% for each year?
                      See my comments in post #8. Also note, you can still dispute that you are liable for a portion of replacement - LL would need evidence that replacement was actually necessary.

                      I am currently in process of finding out if it is protected by a scheme as it states in contract that it would be, but I never got informed after I moved in.
                      If it turns out the deposit isn't protected, then you have the option to issue a county court claim against the LL for return of the deposit.

                      Easily done via Money Claim Online. You don't need to use a solicitor; the small claims track is designed to be cheap and easy to use by the average person.

                      Comment


                        #12
                        Hi, so the latest is I handed back the keys yesterday and am all moved out.
                        It is 2landlords and dealt with a different one however the other LL is in control. I have found out that the carpet is 8years old.
                        LL is saying she wants me to pay full price for replacement carpet in one room due to stain. LL is under impression that as its a stain that has developed since I was a tenant and that if it wasnt there carpet wudnt be replaced so i sud pay full amount.
                        Yet to find out if deposit is in scheme as LL in control is away at the moment. No word of when/what etc ill get deposit back

                        Comment


                          #13
                          Originally posted by charakadisney View Post
                          I have found out that the carpet is 8years old.
                          LL is saying she wants me to pay full price for replacement carpet in one room due to stain. LL is under impression that as its a stain that has developed since I was a tenant and that if it wasnt there carpet wudnt be replaced so i sud pay full amount.
                          I again refer you to my comments in post #8.

                          Yet to find out if deposit is in scheme as LL in control is away at the moment. No word of when/what etc ill get deposit back
                          Call the three schemes and ask them whether they are protecting your deposit, as suggested by mtg in post #6, or use the form provided by snorkerz in post #7.

                          Comment


                            #14
                            Update

                            I have found out that deposit is protected but awaiting ID numbers etc.
                            After discussing costs we agreeed to go through deposit scheme, however I'd just like to check I did the right thing...

                            I offered 20% of costs for replacement of 8year old carpets and said i'd go to 30% if agreed at the time. Offer was rejected. I explained 10% reasoning.
                            I verbally said half cost of decorating was ok but I feel that this is too much as I believe it to be wear and tear - what can I do since I said ok at the time?
                            Bin was old when I moved in so I replaced it and since taken my other one so bin needs replacing - I questioned the full cost, but worried ill be charged for an expensive bin.

                            Comment


                              #15
                              I have contacted all three deposit schemes this morning, including one that the LL said was protecting my scheme yet none of them have any record of the deposit.
                              the schemes all said I should have received confirmation of details within 14days of moving in which i never did so they indicated it wasnt protected. whats my next step.

                              Comment

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