Reasonable deductions from deposit

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ericthelobster
    replied
    Originally posted by tilda
    my tenancy agreement does state that the tenant is responsible for maintenance & the cost of repair for domestic appliances provided (in my case, washing machine and fridge). So, I can dispute this then?
    I'm pretty sure that's an Unfair Term (legalspeak) and as such, unenforceable: if that's the case then yes (I'm sure someone else will advise, then dispute it.). See:
    http://www.oft.gov.uk/NR/rdonlyres/D...E/0/oft356.pdf

    Originally posted by tilda
    Would it matter on moving out if I replaced the mildewed blinds (if it doesn't come off) with (cheaper) replacements?
    That gets tricky... what do you do if the LL objects - eg he could demand you remove your 'cheap tat' (ie you'd have wasted your money on those), or even make a charge to you for removing your 'rubbish' and then still deduct dosh from your deposit for replacing with 'decent' ones. If you were going to go down that route, you'd certainly want to agree it with the LL in advance.

    Assuming the mildew is deemed to be your fault, and that the old blinds are stuffed, then your liability would be the cost of replacing with identical quality blinds, less an allowance for wear and tear based on the age of the blinds now and and at the start of the tenancy, and the projected lifetime of the blinds.

    Leave a comment:


  • tilda
    replied
    Reasonable deductions from deposit

    .... you're joking, surely?? Deduct the whole £1590 for just those few things - most of which should come under wear & tear.

    I would certainly fight it if they decided to keep all that. What chance would I stand?

    Leave a comment:


  • justaboutsane
    replied
    Depends on you r LL and the mood he is in on the day!! Some Ll would not deduct anything however some would deduct the whole lot and wait for you to fight it out in court!

    Leave a comment:


  • tilda
    replied
    Reasonable deductions from deposit

    Just to add:-
    my tenancy agreement does state that the tenant is responsible for maintenance & the cost of repair for domestic appliances provided (in my case, washing machine and fridge). So, I can dispute this then?

    Would it matter on moving out if I replaced the mildewed blinds (if it doesn't come off) with (cheaper) replacements?

    I know this can only be an approximation - but has anyone any rough estimates of what they would be likely to deduct in the above instances - i.e. what proportion of my deposit would be likely to be retained?

    Leave a comment:


  • Ericthelobster
    replied
    Originally posted by tilda
    washing machine needs repairing (would it be cheaper to put a second hand one in before vacating rather than risk high repair costs of existing one?)
    Why is it broken: any particular reason? Unless you've obviously abused the thing, it's the LL's responsibility to maintain it, and they do break down. Whatever else, certainly don't go replacing the machine with another one, that would NOT go down well.

    Originally posted by tilda
    some minor damage & knocks to paintwork - i.e. door frames.
    Sounds like fair wear and tear to me but depends on the extent of 'minor' I suppose.

    Originally posted by tilda
    one broken kitchen tile
    I think you'd be liable for that. Could be a problem: if an identical replacement tile can't be found you might find yourself lumbered with the cost of renewing the whole lot (I don't know whether that would be fair or not?); an unscrupulous landlord might not even bother trying to find a replacement and stick for the whole lot anyway. Do yourself a favour and try to source a new tile yourself if you can, before the inventory is done.

    Originally posted by tilda
    mildew on louvre & roller blinds (did report excessive dampness & asked them to check for water leaks in the loft, as 1 bedroom & en-suite seemed exceptionally damp - this was never inspected or actioned on).
    Mildew is on the blinds is unlikely to be due to water leaks; condensation is a much more likely cause, frequently due to poor ventilation, which is often, but not always, down to the tenant (failure to ever open windows, especially when cooking or washing; prime cause is drying of clothes over the radiator or in an unvented tumble drier. Look at:
    http://www.landlordzone.co.uk/pdf/Mould.pdf
    http://www.anthonygold.co.uk/page.cfm/link=43

    Originally posted by tilda
    carpets in 3 rooms have minor, but unmoveable stains - i.e. bedroom: small patches of fake tan cream, en-suite: small spots of hair dye, lounge patch of hardened flattened area where was split. Surely in the case of the carpets, they couldn't justify replacing them all? And if so, surely 3 years' worth of wear & tear would be taken into account.
    Certainly correct about the fair wear and tear. See: http://www.arla.co.uk/info/depdisdam.htm

    Leave a comment:


  • PaulF
    replied
    I'm not going to go into all your points but just to note:
    1. If the washing machine was provided by the landlord then any breakdown is his responsibility for repair - they can't make you responsible even if it says so in the tenancy agreement. (Why do you suggest is might be damage?)
    2. Try and have the carpets cleaned by a proprietory company first then you will have done your best and keep the receipt to show the landlord when you leave. But, you are right, the landlord must take into consideration their age, quality, how long you have lived there, and what is stated in the inventory when you went in (terms such as "clean, dirty, filthy, satisfactory, average, new" etc. etc are meaningless as they are open to interpretation), so a poorly compiled or worded inventory is in your favour. The landlord must prove you were negligent, you don't have to prove anything at all.
    3. Minor damage in one person's eyes could be major in another, but minor knocks and scuffs should be discounted by a landlord. Remember you have paid rent for 3 years and that is deemed compensation to the landlord for use of his property, so don't be fazed if they come down hard on you - fight it, in court if necessary!

    Leave a comment:


  • tilda
    started a topic Reasonable deductions from deposit

    Reasonable deductions from deposit

    At the moment this is a slightly hypothetical question, because I am not actually moving out yet. But, as a rough guidance to me as a tenant, and for future reference & reassurance - what could I reasonably expect to have deducted from the deposit of £1590 that my agent holds, with the following considerations:-

    - I have been an excellent tenant for approx 3 years.
    - 3 adult occupants in house for all that time.
    - House in excellent decorative and clean order when we moved in.
    - Inventory agreed & signed by both parties.

    But, on vacating the following minor (?) damage is noted:-
    - washing machine needs repairing (would it be cheaper to put a second hand one in before vacating rather than risk high repair costs of existing one?)
    - some minor damage & knocks to paintwork - i.e. door frames.
    - one broken kitchen tile
    - mildew on louvre & roller blinds (did report excessive dampness & asked them to check for water leaks in the loft, as 1 bedroom & en-suite seemed exceptionally damp - this was never inspected or actioned on).
    - carpets in 3 rooms have minor, but unmoveable stains - i.e. bedroom: small patches of fake tan cream, en-suite: small spots of hair dye, lounge patch of hardened flattened area where was split.

    Surely in the case of the carpets, they couldn't justify replacing them all? And if so, surely 3 years' worth of wear & tear would be taken into account.

    Thanks for advice & approximations from those in the know.

Latest Activity

Collapse

Working...
X