09 Mar 2015

A question about : Landlord Won't Return Deposit

Hi all
I have recently moved out of a rented property after being there for just over 6 years. The whole place was cleaned top to bottom before I moved. The landlord told me that the blinds and some carpets need replacing as they were old/dirty. The carpet in the hall was damaged near the door. The blinds were dirty. I have asked him to send me receipts and a report of what needs doing and he said he will, but unfortunately he won't be returning my deposit. Where do I stand on this? Is there anything classed as reasonable ware?

Thanks all.

Best answers:

  • When did you last sign a contract? Have you signed for a new term since April 2007?
  • Hi, we signed in September 2006 for a 6 month contract, and did not signed anything since then.
    Thanks
  • He needs to take into account wear and tear on the replacements eg if a carpet had an expected life of say ten years and the carpet is 6 years old. He can only claim four tenths or 40% of the replacement cost.
    Is there a signed check in inventory?
  • Wear and tear is to be expected, especially when someone has been in a rental property for 6 years. Even if the house and everything in it was brand new when you took up residence, a landlord can't expect it to be in that condition when you leave. Yes, it has to be in the same state of cleanliness, but not condition.
    Wear and tear on carpets is to be expected, especially in places of high traffic, such as halls and stairs. The landlord can only charge for damage and wear and tear beyond reasonable use. For example small marks or scuffs on walls would be expected over the course of 6 years, but if you spilt red wine on the carpet, that would be damage.
    Ultimately, if your landlord refuses to give you your money back, and you can't come to an agreement, your only recourse would be via the courts.
  • Bearing in mind it was 6 years ago, is the deposit a lot of money?
  • I am not sure if there was one..I will check documents that I have. I think we just signed a contract and then our guarantor signed something too. If there wasn't one then what does that mean? Sorry for being stupid!
    It was Ј525.
  • Is it in a deposit scheme?
  • Run an advanced search on the 'House Buying Renting & Selling' board, this comes up several times a week. You need to know if your deposit was lodged with one of the three schemes (check with them all), check to see if you have an inventory, how detailed that is and if both parties signed it.
    There is fair wear and tear but dirt and damage are not included in this. Wear and tear is things like sunlight fading paint or carpet thinning where it has been walked on many times. The landlord cannot charge to replace old carpets with new, he could charge you for cleaning them or for part of the cost of replacement (minus depreciation) if they were stained by you and cannot be cleaned. Why is the carpet frayed? Is that down to normal walking on the carpet or did you catch something on it and cause a pull?
    You need to write to your landlord asking for a breakdown of all the charges levied, copies of quotes and a copy of the dual signed check in inventory. Send two copies from different Post Offices and get a proof of posting each time. Do not communicate with your landlord via text message, you need a paper trail.
Категория: