 Re: Landlord wants to charge us for Redecorating etc
The deposit must not be regarded as extra rent, to be used to improve the condition of the property.
Any amount retained must be equivalent to the amount needed to replace “like with like”. For example, if the carpet was worn at the start of the tenancy, the landlord cannot retain the amount that would pay for a brand new carpet.
The landlord cannot deduct the replacement value of any item, even if it was brand new at the start of the tenancy, as this would be "betterment". He can only deduct from the deposit a percentage of the item's value, based on (a) its on condition at the start of the tenancy (which the landlord must prove using the inventory from the start of the tenancy), and (b) the expected life of the item.
Nor can the landlord make deductions from the deposit for general “wear and tear”. The tenant is only liable for damage that creates extra cost: the deposit is not there to provide a redecoration fund. He must redecorate at his own expense.
The landlord must in any event prepare a dilapidation schedule, and he must have the relevant tradesmen give a written quotation (not an estimate) for each item of cost that he includes.
The onus is on the landlord to prove that there are circumstances justifying the retention of any part of the deposit.
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.
Last edited by Ed999; 27th October 2007 at 05:55.
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