UK Landlord Forum / Life

Hello there, landlords, I would really appreciate any opinions you may have on the issue of deductions from a rent deposit.

I have just left a property after living there for 4 years;  I had to leave because my landlord decided to raise the rent from £800 pcm to £950 pcm, a huge rise which I couldn't afford in the long run (I'm a pensioner on a low income.)

At the handover day last Saturday, he informed me he is going to deduct £250+ from the rent deposit, because "the room smells of smoke & he must redecorate".

My issue with this is:
a)  I was never asked if I smoked when I took the flat
b)  There is not a no smoking clause in the tenancy agreement
c)  He knew I smoked, has seen me smoking on his visits to me, but has never at any time asked me to, or suggested that I smoke outside.
d)  I cannot smell smoke in the room (it has been cleaned after my departure & none of the potential tenants who viewed it complained of smoke smell.)

I consider this to be "normal wear & tear" - am I correct & is he able legally to make this deduction?  Could I take this to dispute with the DPS and would I be likely to win my case?  (I would really prefer not to have to do this!)

Thank you.
Helen

Hmmm.

I would say he is out of order.

You should I think, go to the DPS but with hold any anticipation of winning. Just state the case as you just have and I would assume with just the addition of a few "odd" words, showing how infrequent, and without reference to you not being able to smell it ( its a well known fact all us smokers are stupid and couldn't smell shit if we were buried up to our armpits in it) then you should be okay.

I may even suggest give him a call and say that you feel put out, but £100 deduction would be fairer, otherwise you will go the DPS route?

As a matter of note mind, that sort of Rent increase is the Market increase over that period, so I wouldn't say you have been unfairly treated in that regard.

Thank you for that reply, Boboff.

What sort of "odd" words are you referring to?!

And yes, it is a strange myth that smokers have lost their sense of smell!  Mine is very acute indeed, and my BS detector is even more so!!   

Reread, sorry. Odd, I mean the Odd cigarette when it was raining, not a smog of yellow browning walls off of a working mans club from the 1950's.

   Your sense of humour is much appreciated!!

OK, thanks for that explanation....I'm still a bit at sea about the DPS story, I must find out exactly how I initiate this.
Onwards & upwards...