Forum Home Search Login Register
+  Landlord Forum
|-+  General Category
| |-+  Tenant Advice & Help
| | |-+  Deposit reduction- wear and tear

Deposit reduction- wear and tear

Pages: [1]
Print
Author Topic: Deposit reduction- wear and tear  (Read 108 times)
Newbie
Posts: 5

I like property

« on: August 18, 2021, 12:34:49 AM »

Hi there ,

Could someone help me understand what is considered as acceptable deduction of deposit in my case?
So ,we moved into a 2 bed apartment in 2018 ,our tenancy had come to an end at close to 3 years ,a couple of weeks back .When we moved in to the property we were provided with an inventory checklist ,but that had no pictures and the condition of the appliances wasn't stated .The appliances,carpet ,hob weren't new when we moved in .

When we moved out ,our landlord complained of damage to the property and demands to use my full deposit and has also asked me to 'contribute' extra money towards the damage .The damage as he says was to a single burner  hob , carpet stains and tap replacements . He now has all the pictures taken in every corner to show us the property has deteriorated in condition and I have no pictures to prove him wrong .I've mentioned that I he could use my deposit to cover the cost but he is demanding more

So I've got these questions in relation to this

1.Can he/she ask me to pay in full for a replacement of the carpet /appliances/taps ? They were not brand new when he handed them over to me so I wonder ,why I should pay in full and handover the property in a better state than it was handed over to me ?

2.Can my landlord demand more money than my deposit amount ?

3.What is considered as fair wear and tear in this case  ,do I have to pay in full for the replacement of hob/oven if a single burner does not light up ? Or pay for carpet to be replaced in a bedroom at my expense fully ?

Any suggestions on how to go about this situation would be great help .

Thanks,
Global Moderator
Hero Member
Posts: 4232

Abuse Officer

« Reply #1 on: August 18, 2021, 12:52:39 AM »

1. No.
2. Yes, he can demand anything, but you aren't forced to agree. He can't just take what you don't give. He'd need to go to Court.
3. No... there are formulas you can look up... expected lifetime, depreciation etc. ...just for this scenario.

If you've moved out and have already happily sacrificed your Deposit (!) then you could just ignore him. If you want to battle him with facts and the law let us know...
Hero Member
Posts: 640

I like property

« Reply #2 on: August 18, 2021, 01:00:11 AM »

Reduction in value beyond normal wear and tear for the length of the tenancy. No betterment.

Yes, the landlord can demand, informally or through the courts, more than the deposit amount if the damages exceed the deposit.

<https://www.tenancydepositscheme.com/resources/files/A guide to check in and check out reports inventories and schedules of condition.pdf>

Sound like a dodgy landlord trying it on. I'll go straight to making a written request for the return of your deposit less what you feel is fair deduction. Then after the requisite amount of time, raise a dispute with the deposit protection scheme the deposit was protected in, provide your arguments and let them decide what's fair.

https://www.tenancydepositscheme.com/wp-content/uploads/2017/06/A-guide-to-deposits-disputes-and-damages.pdf
Full Member
Posts: 165

I like property

« Reply #3 on: August 18, 2021, 08:56:11 AM »

First of all, definitely don't pay anymore money.

Secondly, it sounds like your landlord is massively taking the piss.  Do not just accept a loss of deposit.  The deposit is your money and the burden of proof is on the landlord to prove his deductions are correct both as far as you damaging anything and the amount they are deducting.

I would suggest you argue your case and if needs be raise a deposit dispute.  If you are not confident to do this you could always use a company like https://depositnegotiators.co.uk/

They will review your case for free for you and if they believe you are having money deducted incorrectly they will propose a fee to you to argue your case for you. 
Global Moderator
Hero Member
Posts: 4232

Abuse Officer

« Reply #4 on: August 18, 2021, 10:49:04 AM »

Do not just accept a loss of deposit.

I was wondering whether that part was already a done deal. I read it like that.
Newbie
Posts: 5

I like property

« Reply #5 on: August 18, 2021, 12:17:14 PM »

1. No.
2. Yes, he can demand anything, but you aren't forced to agree. He can't just take what you don't give. He'd need to go to Court.
3. No... there are formulas you can look up... expected lifetime, depreciation etc. ...just for this scenario.

If you've moved out and have already happily sacrificed your Deposit (!) then you could just ignore him. If you want to battle him with facts and the law let us know...

Thank you for your reply ! I haven't given up on my deposit ,I was OK to bear the cost of the damage but to a fair extent ,not in full.So,anymore points that would help me in challenging him would be great !

For point 3 above ,never knew there were formulae for this ..so thanks ! I'll look up.
Newbie
Posts: 5

I like property

« Reply #6 on: August 18, 2021, 12:21:29 PM »

Reduction in value beyond normal wear and tear for the length of the tenancy. No betterment.

Yes, the landlord can demand, informally or through the courts, more than the deposit amount if the damages exceed the deposit.

<https://www.tenancydepositscheme.com/resources/files/A guide to check in and check out reports inventories and schedules of condition.pdf>

Sound like a dodgy landlord trying it on. I'll go straight to making a written request for the return of your deposit less what you feel is fair deduction. Then after the requisite amount of time, raise a dispute with the deposit protection scheme the deposit was protected in, provide your arguments and let them decide what's fair.

https://www.tenancydepositscheme.com/wp-content/uploads/2017/06/A-guide-to-deposits-disputes-and-damages.pdf

Thank you ! I wanted confirmation on these points   :)  I am fairly new to the UK ,so these rules are not something I am aware of .
Newbie
Posts: 5

I like property

« Reply #7 on: August 18, 2021, 12:27:42 PM »

First of all, definitely don't pay anymore money.

Secondly, it sounds like your landlord is massively taking the piss.  Do not just accept a loss of deposit.  The deposit is your money and the burden of proof is on the landlord to prove his deductions are correct both as far as you damaging anything and the amount they are deducting.

I would suggest you argue your case and if needs be raise a deposit dispute.  If you are not confident to do this you could always use a company like https://depositnegotiators.co.uk/

They will review your case for free for you and if they believe you are having money deducted incorrectly they will propose a fee to you to argue your case for you.

Thank you for your reply . I feel more confident after reading the replies on this thread .I am not going to pay more and definitely not giving up on my money ! In this case, I think my landlord is simply taking advantage of my lack of knowledge  .
Global Moderator
Hero Member
Posts: 4232

Abuse Officer

« Reply #8 on: August 18, 2021, 12:46:01 PM »

For point 3 above ,never knew there were formulae for this ..so thanks ! I'll look up.

Take a carpet as a good example...

A carpet has an expected lifetime... you could say 10 years (this might depend on the quality, obviously).
An existing carpet has a price that was paid to acquire and install it.
A brand new carpet will have a price that it will need to acquire and install it too - a replacement cost.

If you moved into a property where there was a carpet that was 5 years old... and it had an expected lifetime of 10 years... and you actually agreed it needed completely replacing because of something you did - then you would probably be OK agreeing to pay 50% of the replacement cost... 10 - 5 = 5 or half of its expected lifetime. The Landlord and you could either agree how old it was amicably, or the Landlord could prove it with a receipt.

What you do is work out the annual depreciation of an asset... in this case let's say the carpet cost 1,000 and had an expected lifespan of 10 years... therefore it depreciates at 100 per year.

Now... this is the correct way of looking at things... but you also have to realise that sometimes it doesn't help Landlords. Genuine Landlords who have tried to provide good stuff in their let property, through no fault of their own, have had to replace entire kitchen worktops and receive paltry sums in compensation because someone carelessly has left a hot pan on it and burned a section. It's never nice to be in that situation... because you know the worktop was fine... now it looks awful... you can't replace a portion of it, you can't let it out as being "high-end" with that massive burn - so you are between a rock and a hard place, because your Tenant has come up with this magic formula that basically says... a whole new worktop costs 2,000... but it was already 3.5 years old (so let's say 4) and I think a worktop only lasts 5 years, and it's only a section of it anyway... so I'm going to offer you not 2,000 to replace it... but 2,000 - 1,600 / 3 (sections, only 1 of which needs replacing)... so here's your 133.33.

 :)
Global Moderator
Hero Member
Posts: 4232

Abuse Officer

« Reply #9 on: August 18, 2021, 12:49:10 PM »

I think it's called apportionment.
Global Moderator
Hero Member
Posts: 4232

Abuse Officer

« Reply #10 on: August 18, 2021, 01:05:31 PM »

I think it's hinted at... I'm assuming your Deposit was protected in one of the schemes. If so, then you don't really need to fight it out directly... you can just go to Dispute. And inform your Landlord of your intention. They have to provide all the evidence, the onus is on them. Most Landlords, like me, are lazy and often can't be bothered once it gets real...
Newbie
Posts: 5

I like property

« Reply #11 on: August 19, 2021, 10:10:43 AM »

For point 3 above ,never knew there were formulae for this ..so thanks ! I'll look up.

Take a carpet as a good example...

A carpet has an expected lifetime... you could say 10 years (this might depend on the quality, obviously).
An existing carpet has a price that was paid to acquire and install it.
A brand new carpet will have a price that it will need to acquire and install it too - a replacement cost.

If you moved into a property where there was a carpet that was 5 years old... and it had an expected lifetime of 10 years... and you actually agreed it needed completely replacing because of something you did - then you would probably be OK agreeing to pay 50% of the replacement cost... 10 - 5 = 5 or half of its expected lifetime. The Landlord and you could either agree how old it was amicably, or the Landlord could prove it with a receipt.

What you do is work out the annual depreciation of an asset... in this case let's say the carpet cost 1,000 and had an expected lifespan of 10 years... therefore it depreciates at 100 per year.

Now... this is the correct way of looking at things... but you also have to realise that sometimes it doesn't help Landlords. Genuine Landlords who have tried to provide good stuff in their let property, through no fault of their own, have had to replace entire kitchen worktops and receive paltry sums in compensation because someone carelessly has left a hot pan on it and burned a section. It's never nice to be in that situation... because you know the worktop was fine... now it looks awful... you can't replace a portion of it, you can't let it out as being "high-end" with that massive burn - so you are between a rock and a hard place, because your Tenant has come up with this magic formula that basically says... a whole new worktop costs 2,000... but it was already 3.5 years old (so let's say 4) and I think a worktop only lasts 5 years, and it's only a section of it anyway... so I'm going to offer you not 2,000 to replace it... but 2,000 - 1,600 / 3 (sections, only 1 of which needs replacing)... so here's your 133.33.

 :)

Thank you very much ,you've shared some very useful points ! I do agree to pay ,but has to be a fair reduction from the deposit  . :)
Pages: [1]
Print