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Private let and responsibilities after tenancy ceased

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Hi

 

This is probably a bit pathetic, i am just interested, I had an email from my previous landlords agents asking me to but the bins out for the property next Tuesday. I moved out on the 24/11/12 and gave back keys on 29/11/12. Is it really my responsibility? Note I did put the bin out the Tuesday prior to handing back the keys but it got filled again.

 

I will do it as I live close, but really! Shouldn't the landlord do this? What if I had moved 20 miles away?? Would I have to get back to the property to do this?

 

She sent a list of other stuff this landlord wants rectifying before deposit is returned and all together it's pretty pathetic, but I will come back in a few days about those as waiting for the quotes as I want to see how much they want to charge for stuff.

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It's reasonably normal for that to be included in tenancy contracts. I guess it is common for the end of a tenancy to result in large amounts of rubbish. This can be problematic for new tenant. A tenant of mine basically emptied his freezer of all the old stuff at the back including lots of meat and fish, and left the bin full of it - I assure you it doesn't bear thinking about...

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No not your responsibility but as you lived near enough to pop round and do it, courteous and helpful.


If I have been of any help, please click on my star and let me know, thank you.

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I didn't think it would be my responsibility

 

Bit cheeky really, it's on the list of things he wants putting right before deposit is given back. But I am yet to see the costs of everything

 

I will post again when I get these quotes :)

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YOU need to claim the deposit asap from the deposit scheme asap and they will inform LL, who will then advise if he wants to claim anything from the deposit before they release it.

They should then release any amount not in dispute within 14 days or tell LL to.

Any deductions must be fair and you dispute with scheme.

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Ahh ok, so I don't have to wait for them to decide, I approach the dps first and then ll notifies them of deductions.

 

The agents have emailed saying that they will give me the opportunity to paint etc myself. I will post the who list, when I am on a proper computer, on phone at mo.

 

So shall I just go ahead and put in my request to dps?

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yes that gets it going as said they will release any monies not in dispute.

as for painting only reasonable, if you have been there for 5 years then it will be wear and tear and down to LL; if six months then yes it would have been down to you to make good.

as you have moved out and tenancy ended IMO you cannot go back to do any work.

was there any inventory /condition report done when you moved in and then again when you moved out and have you seen it?

if not then they have no grounds for anything.

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We were there for 3 years exactly, there was an inventory done before we moved in, which I still have, and one done when we left.

 

I don't know why they would give us the chance to go in and do the jobs ourselves? Sounds weird.

 

Like one of the things he wants done, is a roman blind cleaned where there is a condensation mark. There is a condensation mark due to the fact the windows were single glazed, and last winter and the one before we had ice on the inside of the glass. The cheeky thing is, soon as we moved out he replaced the windows, literally 2 days after. There are a lot of things he didn't do, for example, we had a gas fire in our living room, it was condemned in jan of this year. We had a gas inspection, by someone other than his mate, and they disallowed us to continue using it. It was so so cold in the living room, single glazed windows, open plan living room, you walk straight in off the street. He kept sending round people for quotes but nothing ever happened.

 

That's just one example lol :)

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hi

 

so i left my previous property on 24/11/12 and handed back keys and had inspection on 29/11/12. a few days later i received the following email with things the landlord wants done before we can have back our deposit.

 

Front Garden

 

Bins are to be emptied by the tenants who will put them out on bin day (Please if you could do this) - we did this even though the bin day was 2 weeks after we moved, we had put the bins out before moving

Some weeding to be done and leafs/debris tidied up - this is fine, but our garden somehow attracted every bit of rubbish anywhere cause of where its located, if the gate was left open, you would get an array of stuff in there

 

Rear Garden

 

Weeding and general tidying up required. Throwing away rubbish left behind the shed - fine will do the little weeding there is to do.

 

Living Room

 

Painting of the entire living room/stairs/landing area the tenant has acknowledged will need carrying out as tried matching up the paint and getting marks off but very patchy (Not woodwork) 2 Picture hooks and some small picture hook holes need filling in too when paintingi did email the agents asking for the exact colour white, and make of paint, he didnt know.

Fire – There is a slight section of the back foam/polystyrene type material damaged. The tenants informed us that a bird fell down from its nest on the roof and was stuck. They had to remove is otherwise would have rotted and smelt. (I did explain to the landlord the reason behind this but he said he will get a quote to see if it can be repaired)!suppose i should have left the bird to die and rot ?!

 

Kitchen

 

Kitchen overall needs cleaning throughout, tenant agreed to this. She left it to her partner but ran out of time.reason i had to leave to partner is i have torn ligaments in my knee, cant kneel down

Damage to the right hand side worktop, section will need replacingthis is fine

Some scuff marks visible on the walls in the kitchen – Landlord would like one wall repainted and holes filled inagain asked for paint make and colour.

 

Ground Floor W/C

 

Touch up paint marks in this room also that will need rectifying the landlord would likedownstairs toilet is has bathroom tiles on the wall and the paint is literally peeling off, he would need to repaint them all.

 

Bathroom

 

Mirrors left, some holes and patching up required. new tenants would need mirrors?no holes in the wall

Radiator cap missing will require replacing if he can’t find an old one.never one there! not on inventory

 

Rear Large Bedroom

 

Very small dark mark noticed on the carpet, require cleaningfine

Scuff marks visible on the chimney breast wall and left hand wall adjoining the bathroom – would like patching upwas patched up with matching paint, mark on adjoining is where the bed was

Small stain on the blind noticed – Needs cleaning if possiblemark from condensation, the blind is one of those cheapy white roman blinds. i will buy him a new one

 

Front Small Bedroom

 

Small mark on carpet – requires cleaningnot a mark, its where the carpet is worn, no underlay, agent agreed with this

Staining on blind but from condensation –water marks, cleaning if possiblewindows were single galzed! i had many winters with the whole window iced up on the inside. totally unresonable. again cheapy roman blind

 

 

The above issues are ones the landlord has highlighted and from the check out combined. He would have been happy to keep the Sky Dish installed at the property, however he said Sky have carried out poor workmanship as they have damaged the skirting board in the front room which he wants putting right!! Also the same in the bedrooms where they have drilled through the skirting boards etc.cant he just put filler in skirting board and paint? but is it my fault? had permission

 

I shall arrange a quote for all of the above, but of course if there are some things you would like to do yourself then you are more than welcome to do so.

 

now the issues i have with all that is, we lived there 3 years, we were excellent tenants, never missed a payment etc. the landlord is a first time landlord and obviously doesnt realise how bad tenants could be. The agents told be that basically he wants the property exactly the same! even without any wear and tear. she also indicated he is a bit or an idiot and doesnt listen etc.

 

here is what he didnt do:

 

1.double glazing had been promised to us after 6 months of living there - 2 days after moving out he installed it!!

2.the gas fire, which he is getting a quote for cause of where a bird fell down the chimney, was condemned on the 18/01/12. we had a gas inspector someone other than his mate, who said we should never have been using the fire. landlord sent round people for quotes to repair, but nothing ever done.

3. the back gate had literally fallen apart, massive gaping holes in it. this was going to be replaced from the date we moved in. again endless quotes no action.

4. the back fence blew down in the storms last winter. again endless quotes no action. offered to replace oursleves told no, landlord must decide

5. we have had a problem with our guttering. its been leaking since moving in, caused a damp problem in kitchen where the bt telephone point came in. was patched up, paint never matching as contractors couldn't match

 

i will think of more lol

 

 

do you think this reasonable from the landlord? i have just done the request from the dps as haven't received anything from the agents re quotes and given the past it could take years!

 

some of it fine, but painting etc is totally wrong i feel

 

could we counter claim against him?

 

thanks for any advice

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yes but only if it was recorded at the time in writing.

but only in court, sue him for the depost back; if deposit scheme being slow.

judge will only allow fair claims from him, and not wear and tear such as painting and carpet, after 3 years ( he cannot expect things to be in the same condition after that time.)

dont forget that the LL can claim tax relief of 10%( IFRC) of rent towards maintenance or claim mrelief against the actual cost.

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The 10% allowance is only for furnished lets, furniture IIRC, for unfurnished, only 'allowable expenses' are eligible.

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yes but only if it was recorded at the time in writing.

but only in court, sue him for the depost back; if deposit scheme being slow.

judge will only allow fair claims from him, and not wear and tear such as painting and carpet, after 3 years ( he cannot expect things to be in the same condition after that time.)

dont forget that the LL can claim tax relief of 10%( IFRC) of rent towards maintenance or claim mrelief against the actual cost.

 

Yes all is in writing, well email, but it's all dated. I would only go for him if what he wanted to deduct was ridiculous and he wouldn't budge.

 

Did a land reg yesterday and he is still registered at the address, would be interested to know if he had permission to let, as he certainly didn't want to do repairs, had a lot if debt letters coming to our house, even DVla letter last Xmas. I suspect not.

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dont worry about permission, does not affect your tenancy at all, unlees it is repossesed.

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"Did a land reg yesterday and he is still registered at the address"

 

Land Registry only records the Freeholder, not the Occupier. You would need to check the Electoral Register.

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Quick query is it 10 days or 10 working days for the ll to respond to dps?

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working I'm afraid


I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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The ll/agents have finally responded and its now marked at disputed. What do I do next? Do I contact ll/agents?

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No, you need to get details of dps of what and how much is in dispute; they should release the amount that is not in dispute.

then if you dont argee, the ask to use the ADR service if LL agrees, if not take to court. you should only deal with LL not agent.

Or you can go straight to court.

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I have had an email from agents stating the quote is over £1000 but landlord wants to know how much we expected back and come to an agreement. He is really trying to do us over!!

 

I am really upset by it! I am going to get a full breakdown of this quote cause I don't think wear and tear is factored in

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Why bother? If dispute is lodged with DPS ADR let them decide, they have far more experience than you.

If dispute was only notified to LA/LL, then just reply saying you want DPS ADR to determine or you will seek return of full deposit in County Court if deposit not returned within 14 days

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What do I do? Raise a single claim?

 

The ll also said to agents that if we gave him an amount of the deposit that we expected to get back we could come to some arrangement? That's a bit weird.

 

Also other prob I have is, I wasn't named lead tenant, my partner was for some reason? I am actually the one who deals with all financial issues etc etc, can this be changed? Can my partner ring and give permission for me to deal with it exclusively?

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Just had an email from agents stating that the quote of £1000+ is for all the work mentioned in previous emails (I know that!!!)

 

She states that she explained wear and tear to the landlord, and he has come back to her and asked what we would be willing to offer towards everything to try and come to an agreement.

 

She then asks in the email, what did I think at least would come from the bond so she can go back to him, and resolve this asap. She asks me to let her know a figure I have in mind towards the issues on the check out.

 

What do I do?

 

In all honestly I intially thought £200 would be a reasonable amount.

 

Should I even give her a figure and try and sort this out?

 

I know before ADR I have to try and resolve the situation direct with ll

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After 5 yeras there will be a lot of wear and tear, LL cannot expect it put back to the condition on the day you moved in!

LL is allowed to put on tax claim for maintenance, including painting, carpets etc.

As said before if LL/LA dragging their feet, just claim of scheme and let LL put there claim in and let ADR sort, or just go straight to court and let judge decide whats fair, if they counter claim.

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Firstly theCheck-out should have been done with-in 24hrs/3days after moving out, you shouldalso have been giving the opportunity to be there, it is your legal right. Thedeposit should have been sorted out long before this.

Deals withthe DPS, if he has counter claimed, do not agree and it will go toadjudication. The LL or agent will have to prove the amounts for any damage hewants put right. The LL cannot have "betterment", fair wear and tearmust be taken into account. Properties should be redecorated every 4/5 yrs,carpets depending on quality every 4/10yrs. LL cannot take full replacementcosts as the item is not new. Do not make an offer to the LL tell the agent youwant LL to advise of costs and a breakdown, in writing or email.

You have ainventory and a check-out, compare this with a fine tooth comb. Also were theyboth done by an independent company, or by the agent? This does make adifference to the DPS if it comes down to the wire. LL can claim 1 glass wasbroken from a set of 6 costing £20, the T will not have to pay the full priceof the replacement set, just a proportion to replace 1.

Regardingthe worktop, he will not be able to claim for the full replacement.

If you feelhe is trying to claim too much, then my advice it to fight him all the way, youhave nothing to lose.

Either way,do not agree to anything with agent or LL

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