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End of tenancy query

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Author Topic: End of tenancy query  (Read 505 times)
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« on: July 05, 2020, 10:03:15 PM »

Good Evening,

Please could somebody help...i am due to end my tenancy on 28th June. Landlord has stated I need to strip all wallpaper from the house (been here 2 year). She has said she will do it if I don't and will charge me 200 out of the deposit (held with DPS). I have been upfront with her from the beginning as soon as my ex partner left that I would be looking for a new house as I can't afford this one on my own. Before I could get bk to her regarding the 200 I had applied for a new house and she text saying let her know if I agree to the 200 and then she'd fill in my reference.
I have looked into my contract and I can't see anywhere where it states anything about no wallpapering. At the start of the tenancy she said do what we like and make the house a home. This house is the second property we've rented through this landlord.
I am just wondering if the request for 200 is understandable,if so, fair enough.
Any help would be much appreciated,thank you in advance
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« Reply #1 on: July 06, 2020, 09:08:24 AM »

This seems to be all about perspective and pragmatism.

On one hand, a deduction of 200 for a 2 year tenancy is not all that bad... on the face of it... it might be worth swallowing that to keep things moving along, and amicable.

On the other, you - as Tenant - are responsible for handing back the property in the same condition you received it in at the beginning of the tenancy (minus fair wear and tear) so in the absence of any specific clauses in the agreement regarding wallpapering this would be true - so you'd have two choices - either revert it to how it was (because what you've done isn't wear and tear, it's redecoration) or accept the deduction, regardless of whatever was said verbally - because we can all say someone said something and maybe they did, maybe they didn't, maybe they didn't mean what you thought they meant... it doesn't matter, it's not in writing. She may have said - "do what you like, make the house a home" - but that doesn't translate to "feel free to wallpaper"... what would translate to that would be "it's OK to put wallpaper up"... and if it was written down you'd not even need to translate.

Lastly, assuming your Deposit was properly protected you could say you'd like to dispute the deduction with the Deposit Protection Scheme used... and that will likely force the Landlord to back down - but at the same time you'll obviously injure the relationship (if you care about that, of course, some people don't, some do).
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« Reply #2 on: August 17, 2020, 04:03:38 PM »

The landlord needs to apply to the rent deposit scheme for the 200. If your landlord tenancy started after 6th April 2007 and your landlord did not put you deposit into a government  rent deposit scheme you are entitled to 3x compensation so if your deposit was 1000 you entitled to your deposit as well as 3000 compensation on top.
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« Reply #3 on: August 17, 2020, 04:55:18 PM »

The landlord needs to apply to the rent deposit scheme for the 200. If your landlord tenancy started after 6th April 2007 and your landlord did not put you deposit into a government  rent deposit scheme you are entitled to 3x compensation so if your deposit was 1000 you entitled to your deposit as well as 3000 compensation on top.

Incorrect.
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« Reply #4 on: August 17, 2020, 10:19:36 PM »

I don't know where you get your information if there's a dispute over repairs the rent deposit scheme acts as an Arbitrator and decides if the landlord can have the money for the repair.

If the money is not put into a rent deposit scheme within 30 days of start of tenancy the tenant can claim compensation, and the landlord cannot start eviction process until after the deposit is paid back the law is very clear.

https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

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« Reply #5 on: August 18, 2020, 12:29:10 AM »

The landlord needs to apply to the rent deposit scheme for the 200.

The dispute resolution service is voluntary. It's perfectly legitimate, and generally preferable, for the landlord to negotiate directly with the tenant.

If your landlord tenancy started after 6th April 2007 and your landlord did not put you deposit into a government  rent deposit scheme you are entitled to 3x compensation

3x compensation is the maximum. The minimum is 1x the deposit. Neither is likely to be relevant here as the One Post Wonder who started this thread over a month ago specifically mentions that the deposit is held with the DPS.
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« Reply #6 on: August 18, 2020, 07:40:49 AM »

...the law is very clear.

The law is very clear. That's correct. You've just misrepresented it, that's all. Making what you said incorrect.
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« Reply #7 on: August 18, 2020, 10:16:48 AM »

Which bit did I misrepresent? Most probably didn't explain myself properly.
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« Reply #8 on: August 19, 2020, 09:41:03 AM »

Which bit did I misrepresent? Most probably didn't explain myself properly.

"If your landlord tenancy started after 6th April 2007 and your landlord did not put you deposit into a government  rent deposit scheme you are entitled to 3x compensation so if your deposit was 1000 you entitled to your deposit as well as 3000 compensation on top."
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« Reply #9 on: August 19, 2020, 06:16:43 PM »

thanks
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« Reply #10 on: September 02, 2020, 05:49:25 PM »

The landlord needs to apply to the rent deposit scheme for the 200. If your landlord tenancy started after 6th April 2007 and your landlord did not put you deposit into a government  rent deposit scheme you are entitled to 3x compensation so if your deposit was 1000 you entitled to your deposit as well as 3000 compensation on top.
The landlord doesn't have to apply for anything.  The landlord merely needs to protect the deposit correctly.

If the deposit is protected correctly then at the end of the tenancy the landlord can propose deductions as they see fit.

If the tenant disagrees with the deductions then they are best off by first negotiating the deposit deductions in writing.

If by the end of the negotiating the landlord and tenant cannot come to an agreement then the tenant can ask for the undisputed deposit amount to be returned and then raise a dispute for the amount not agreed and let the DPS look into whether the deduction is valid and fair.
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