Deposit

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    Deposit

    Hi, first post on the site so apologies if this has been covered before!

    I have just moved out of a rental property which I was at for 2.5 years with my partner, our 8 year old and 2 cats ( the landlord was aware we have cats ).

    We exited our tenancy early on the proviso another tenant could be found. A tenant was found, we moved out and they moved in.

    We have now received initial conact from the landlord stating that they will be taking an element of our deposit due to cats scratching carpets and that the oven needs a clean! It was newly decorated and carpeted when we moved in..

    Where do we stand given the fact that the property is already housing the new tenant so the defects obviously were not a problem?

    Also, the check out clerk turned up half way through our final day before we had fully cleaned the kitchen?!

    How much can the landlords legally retain in % terms?

    Is it legal for the landlord to hold ours and their deposit at the same time?

    #2
    Assuming you are in England/Wales, your landlord should not be holding your deposit. Since April 2007, all deposits should be lodged in a protection scheme within 30 days of being paid at the start of the tenancy. Did you ever receive any information from the LL about which scheme he used?

    Do you agree that there was damage to the carpets? LL can claim for damages without actually rectifying the damage itself - you are compensating him for the loss of value of the item you damaged, so the fact that carpets may have cosmetic damage, does not mean the LL will replace them.

    Did you receive a copy of the check-out report? Have you challenged the fact that you cleaned cooker AFTER the report was done (assuming you did so)?

    Comment


      #3
      Sorry for the lack of explanation...yes I am in England and the landlord is one of these big companies with multiple properties in the 'estate'. I think they are registered with the TDS but will verify.

      I agree that cats frayed the carpet edges slightly but they are by no means un-useable (as proved by the current Tenant having moved in) and surely just a sign of wear and tear given the size of the family (with cats) living their and the frequency of use! I could understand if we had not disclosed about the pets etc..

      Will it just be a case of contributing towards future replacements then? Whats the avergae life span for a carpet in rental (have read 5yrs?)

      I have yet to receive a copy of the check out report (due today) but we did clean the oven as best as we could after the clerk had left - surely this is another item of wear and tear?

      Comment


        #4
        Originally posted by TheRowebot View Post
        we did clean the oven as best as we could after the clerk had left - surely this is another item of wear and tear?
        Lack of cleaning cannot be classed as wear and tear - just something you should do, or someone needs to do it for you and you pay for it.

        Cats scratching carpets and fraying them is also down to you.

        Comment


          #5
          Cats scratching carpet is damage, whether the LL knew you had pet is irrelevant. If you did not have them, the carpets would not have been damaged, so your pets caused the problem, and you are liable. It does not matter whether the carpets are usable or not, the damage done sounds far more than normal wear and tear. Carpet life varies according to quality - 5 years is probably minimum, but in my rental I used top quality heavy wear commercial carpet in high traffic rooms, and only replaced it after 10 years (still serviceable) due to a flood! LL can claim for a proportion of the cost due to the damage your cats caused, but not full replacement cost - how much has he claimed for?

          As I said earlier, you are compensating the LL for the damage caused. If he does not replace/repair said damage, that is not an issue - your damage, you pay!

          Similarly, cleaning the oven is not wear and tear. You may have cleaned it as best you could, but if it is not as clean as the start of the tenancy (I assume there was an inventory), then the dirt is yours and you pay!

          Comment


            #6
            Originally posted by TheRowebot View Post

            Where do we stand given the fact that the property is already housing the new tenant so the defects obviously were not a problem?
            Whether the new tenants found it a problem or not is irrelevant.
            You assume that it wasn't a problem. Maybe they used it to bargain the rent down, or against a future rent rise etc etc.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Originally posted by thesaint View Post
              Whether the new tenants found it a problem or not is irrelevant.
              You assume that it wasn't a problem. Maybe they used it to bargain the rent down, or against a future rent rise etc etc.
              But if the landlord was able to relet quickly at the going rate what was his loss?

              Comment


                #8
                Originally posted by Lawcruncher View Post
                But if the landlord was able to relet quickly at the going rate what was his loss?

                It is possible that the landlord had to:

                A. Lower the rent.
                B. Keep the rent at the same rate as previous, and not raise it to the new market level.
                C. Give a longer fixed term with lower than market value.

                I said "maybe" previously. This should lead anyone to see that I am not armed with facts, just painting a scenario.
                Your question depends on your definition of the "going rate".

                It could be(and not limited to): "With frayed carpets and dirty oven" or "With non-frayed carpets and clean oven".
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Originally posted by thesaint View Post
                  It is possible that the landlord had to:

                  A. Lower the rent.
                  B. Keep the rent at the same rate as previous, and not raise it to the new market level.
                  C. Give a longer fixed term with lower than market value.

                  I said "maybe" previously. This should lead anyone to see that I am not armed with facts, just painting a scenario.
                  Your question depends on your definition of the "going rate".

                  It could be(and not limited to): "With frayed carpets and dirty oven" or "With non-frayed carpets and clean oven".
                  All agreed. I shall refine my question:

                  If the rent obtained by the landlord with frayed carpet etc is the same as it would have been with non-frayed carpet etc and there was no delay in reletting on account of the frayed carpet etc, what is the landlord's loss?

                  Comment


                    #10
                    Originally posted by Lawcruncher View Post
                    All agreed. I shall refine my question:

                    If the rent obtained by the landlord with frayed carpet etc is the same as it would have been with non-frayed carpet etc and there was no delay in reletting on account of the frayed carpet etc, what is the landlord's loss?
                    In my opinion, none.
                    But, the landlord would still be entitled to any damage;(not wear and tear)No?

                    What I am saying is(extreme)in this following scenario:

                    Tenant "a"pays £1000 pcm and leaves the place with the landlords new(expensive 6 month old) carpets in her removal van.
                    Tenant "b" sees the house the next day, and takes the house for the same £1000 pcm.

                    Let's say that the market rent is £1000 with carpets. Does this mean the landlord has suffered no loss?
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      The loss the LL has suffered is that, all other things being equal, he will have to replace the carpets sooner than he would otherwise have had to do in order to re-let the property at the same standard and thus the same rent.
                      '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


                        #12
                        The property was re let to the first person who viewed it for the same amount as we were paying when we left...

                        Comment

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