We're fed up with an abusive landlady and preparing to move out. The problem is she's completely unpredictable and we're afraid there'll be problems with getting our deposit back. Can you advise us if she's got a leg to stand on and which of the below is fair wear and tear?

I tried searching Arla website but couldn't find the document that had been linked here before.

 

Paintwork

We moved in 2 years and 9 months ago with 2 children aged 3 and 5. The place was freshly repainted.

There are now slight marks and stains on the walls up to a kids' height level, mostly in the living room and by the stairs. Nothing major really but it doesn't look as new. The LL says it's 'disgusting'.

There's also a couple of door frames when the paint is chipped (a 5p coin size).

 

Do we have to repaint the house to get our money back?

 

Windows

When we moved in a couple of windows were stained inside and the LL said it was due to condensation because they had had a professional window cleaning company use a pressure cleaner. The condensation never went, though, and she's now saying it's our fault and we're not ventilating properly, and denies it was there before.

Unfortunately, it doesn't show on the photos that were taken before we moved in as they are not the best quality.

 

Can she charge us with the cost of replacing the windows? It's a scary prospect..

 

Bathroom

The bathroom was about 30 years old when we moved in but was working fine for the first 2 years. 6 months ago the mould started building up and the tiles were coming off the wall by the tub. There was a water stain along the wall as well. The LL said it was our fault as we weren't ventilating properly (again) but refurbished the bathroom eventually. The builders doing it said it wasn't our fault at all as a pipe just burst.

 

She's now saying she had to pay for the whole new bathroom because of our neglect and it would never have happened had we been cleaning the tiles more regularly and kept the windows open, and it would have cost her 50 pounds to have the tiles replaced instead of having to pay thousands for a new bathroom.

We know she's losing it but still, can she actually charge us for it?

 

And the last thing – we handed in a notice which is 2 months. Does it mean we have to pay her 2 more rents even if, say, we move out next week?

 

The LL is really abusive and disrespectful and we want out asap so please help. Thank you.

For a start her erratic behaviour thats causing you to move out start documenting all you can even vocal and visual recordings when she is doing and kind of flat inspection (to make it legit download a sign for cctv and stick it in your window) you have to document everything because if its not documented its not been done. It will prove the point of her being an abusive landlord.

The paint work might have to be paid for as you state yourself it was freshly painted when you moved in and you have stated its possibly been caused by the children. It will cheeper to do it yourself than letting her take it out of your deposit because she will get pros to do it and you can get away with just giving the rooms that need it a lick of emulsion which won't cost much more just annoying.

The condensation in the windows will be caused by faulty seals in double glazed units. You could get a quote from a reputable company quite cheap and provide a copy to her of the quote with a description of the problem when you hand the keys back which will remove her ability to claim it was you and will prove that she is trying to take you for a ride if she trys to claim money from the deposit.

As for the bathroom she won't have a leg to stand on as the builders have (a) stated it was a burst pipe (b) will have billed her. What will help even more is if you can remember the companys name you can try and contact them as they will still have the work done on file as it will still be under warrenty.

And finally as for your notice and deposit. You will have to pay rent until your notice has expired unless your lease stated it could be used for final rent payment. If your lease stated that it can not it gives her something to come back on you with.

If she trys to deduct money from your deposit send her a letter by recorded delivery telling her that your disputing her claims and will be seeking legal advice which if you have to take her to court over she will be held for the costs of over and above the deposit owed plus intrest.

Well alba called me today having figured out who I am. They were really helpful and have sorted out this whole mess.

I would like to thank everyone who has commented on this thread. Also I would like to thank alba.

Thanks

Ok but you still avoid the 4 extra days rent your trying to charge me totalling £59.16 when your company will have all the keys. Do you have any comments on that?

I hand delivered my Notice of Intention to Vacate to Alba Residential office on the 29/4/2011 stating that I was giving the required 2 months notice (8 weeks) in advance to leave the property I currently rent through them on the 30/06/2011, that I would return the keys to them before this date and to contact me to arrange a suitable date and time for a final inspection.

Then on 03/05/2011 they sent me 2 letters that I received on 05/05/2011 stating that there would be a contractor from ACME Design would be coming to look at the property on the 10/05/2011. Yes I thought straight off that they are going to see about renovating the property before reletting it. WRONG!!!!!!!!! (I get the feeling that they are planning on trying to get me to pay for their renovations now). I received a call from them on the 07/05/2011 telling me that they were looking to show the property on the 11/05/2011. To which I agreed not wanting to dispute the other letter in anything but in person. The second letter I received on the 05/05/2011 was Lease end information stating what was required of me. The problem here is that they want me to pay them £450 (a full months rent) to them on the 28/05/2011 but also that I had to return the keys to them by opening time on the 27/06/2011 and that my lease ends on the 26/06/2011 but I originally signed the lease with them on the 30/12/2009 at which point I had to pay a months rent in advance plus a month as deposit plus fees and £29.58(£14.79 x 2) to bring me up to the 01/01/2010 so it should end on the 01/07/2011 which is when they wish to do the final inspection.

Then to finally stick the boot in they called my mobile when I was at work today leaving a voicemail at 16:17 stating that they would be showing my flat again tomorrow at 11:30 only giving 19 hours and 13 mins notice and promptly following this with a text message 16:23 (does this constitute as written notice????) as soon as I got this message on my dinner break at 18:01 I called them back stating this wasn't acceptable as it was to short notice as when I'm working a back shift I don't get home till after 22:00 and was starting early tomorrow so would have to leave home at 06:15 so I couldn't clean the flat for the viewing and in future I would need at least 24 hours notice as stated in my lease but I get the feeing that they will do the viewing anyway.

I am going to follow todays call with another call tomorrow morning.

Can anybody help me with this as its quite confusing with the differences in Scottish and English Letting laws. I live in Scotland.

Thank you all