UK Landlord Forum / Life

Hi,

My tenants have just moved out, and I need some advice about what damage should be counted as wear and tear vs claimed from the deposit. The property is a flat, and has been let furnished to a couple with a young child for 23 months, through an agency. The agent did a detailed inventory at the start and a check out report on the last day of the tenancy, and has advised me on what to claim for, however I am not sure if he is correct.

I have claimed part of the deposit for some of the cleaning (I did a lot of it myself), and redecoration of the recently painted front door that had been badly scratched when the tenants removed their possessions from the property towards the end of the tenancy.
I have decided not to claim for two broken draws, pen scribbles on the walls of all rooms, book case and arm chair; removal of rubbish, a badly stained mattress, as well as the expected nail holes and carpet wear etc.

However, there was water damage to a two walls which was caused my the bath sealant having come away in places, and the shower head leaking so that water ran down the wall and behind the bath. Neither were reported to me by the tenants so I was unable to carry out repairs at the time to avoid the damage to the wall. I have repaired the sealant and shower head at my own expense, however the agent is advising me that it is also my responsibility to pay for redecoration of the damaged walls, despite it being a result of the tenants not reporting the problem. Is this correct?

The agent has also advised me not to claim for a wardrobe that has had its door smashed, with part of the frame removed and a split down the middle - it looks like it has been kicked. I asked a contractor to have a look at it, but it isn't repairable and is unusable in this state. I bought it flat pack three years ago, for about £225. I wouldn't expect to get the full cost of it back, however the agent has said that as I have claimed for other things I should let this slide as reasonable wear and tear.

I am very disappointed with the outcome of this, as although I expected a reasonable level of wear I have been left with a lot of damage to pay for, and it seems to go very much against the contract which talked specifically about the tenants taking care of the property and furniture and returning it in the same state at the end of the tenancy.

I'd really appreciate some advice, so I can work out if the agent is correct. Thank you.

Agent isn't 'correct' as its a subjective situation.  They are probably using their experience and opting formtheneasy life.  Thankfully, you, the agent or the tenant don't have to decide what's reasonable as there is a 3rd party that will do this for you.  This is the deposit protection schemes arbitration service.  I suggest you claim what you want to and if the tenant doesn't agree use the ADR service to resolve it.

Absolutely. In the first instance claim what you want to. The ex-Tenants may simply accept it and everyone departs happy. If they don't, or query it, you might decide to haggle a little bit and, hopefully, still come to agreement before another third party needs to be involved. If you can't agree and neither party will move, put it over to ADR and let someone else decide (probably both parties would end up being unhappy).

Fire the Agent. Agent works for you, maybe they don't understand that.

Before hand: Listen to what Hippo and Riptide have said as it's everything you need to resolve your case. But seeing you're curious, I've seen the bellow in some guides as a general formula for calculating wear and tear on damaged items and objects.

A = Estimated lifespan of the given item (e.g. 10 years)
B = Current price for suitable replacement or complete repair
of the item (usually whatever is cheaper e.g. 500 pounds)
C = Tenancy Period (e.g. 3 years)
D = Part of the price attributed to fair wear and tear (this sum
will not be deducted from the deposit)
D = (B / A) * C

Obviously it's the role of the ADR adjudicator to calculate this, but I think the formula can give you at least an estimation as to what you can expect and how to formulate your claim fairly and educated.
I'm 100% sure you SHOULD claim for the wardrobe as it's clear that it's been damaged by the tenant knowingly and maybe willingly. It's their responsibility to use and maintain the equipment that's left in the property in an ORDERLY fashion. A wrecked wardrobe is not a single bit orderly exploitation.

As for the wall in the bathroom, It's a bit of a grey area. Usually, it's you who need to pay for repairs and maintenance, but it's they're job to pay attention and report problems in the property.

Anyway, as suggested, claim for everything you feel that's owed to you (I'd also add some of the stuff you decided not to pursue like drawers, etc.) and take it from there.

Hope this helps,
Audrey Wright @ Move out Mates
End of Tenancy Cleaning London