Help!! Dispute over deposit!

[jellybabe1]

Can anyone offer advice here...

My sister has just moved out of her rented flat and is now is dispute over the deposit.

The landlord wants to charge her for repair of a few scuffs on the walls for which he now wants to completely redecorate. However, apart from these minor scuffs on the walls, the flat had quite bad damp which the landlord had to treat whilst she was in occupation and which also left damps marks all over the walls througout the flat. Would the fact that he wants to charge her for redecoration be seen as betterment as I would have thought a few scuffs may be 'wear and tear'?

He also want to charge to replace for lino in the kitchen, which includes charging to remove the fridge and oven in order to put lino underneath these items. However, there was never lino under these appliances as it was cut around them.

None of this work has been carried out - in fact he has now re-let the flat for six months which is when they want to carry out the works - is this allowed?

Any advice would be appreciated as the estate agent to which this letting went through seem very unhelpful and also seem to be actively helping the landlord??

Many thanks!

[MrShed]

Did you receive an inventory at the start of the tenancy? Did you sign it?

[jellybabe1]

Hey MrShed,

Yes the was an inventory that was signed. The check-in inventory does refer to some patches on the wall and that the kitchen wallpaper had started to peel. It also refers to the damp in every room.

Surely then, my sister cannot be liable for the entire cost of redecoration?

[MrShed]

I do not believe so - that would be a classic case of betterment. She is responsible probably for a percentage of the redecor costs. Bearing in mind the obvious age of the current decor, and the small areas of damage, this percentage should be quite small.

With regards the lino, you are right - again betterment.

And yes, he can perform the works whilst the tenants are there. However, he must actually perform the works, and must provide you with receipts.

[jellybabe1]

The landlord and agent said that the work will be carried out once the current tenant has moved out in June.

I have asked the agent to say what proportion of the quotes do they want to charge as no doubt they would like to get away with charging the whole amount!

We'll wait and see what they have to say to that. In the meantime, what happens to the deposit - will she have to wait until the works are actually done??

Thanks for your help!

[MrShed]

Ah, they cannot do that. That would require a clause in the contract with regards compensation for future repairs, which I doubt it will do. It would be wholly unreasonable for her to withhold the deposit until June, and the deposit can only be deducted from with receipts. Therefore, you can legitimately claim the entire amount.

[jellybabe1]

Great! You've been really helpful.
I will get back in touch with you once I've put this to the agents to see what they have to say.
Once again, thanks for the advice - really appreciate it!