Robbing landlords + bonds

Barra · 29-07-2004, 15:18

Can anyone clarify for me what exactly counts as 'reasonable wear and tear' as opposed to 'damage'? I've just moved out of a flat and i'm expecting my bond back shortly, but knowing the landlord i know he'll try and pull a fast one on the bond and the condition of property after i have left.

I'll be honest, there was a little bit of damage to the paint in the living room, where some blu-tack pulled off a bit of paint (about 3 spots no more than 1 cm across) and also where the back of the sofa had rested against the wall (about 0.5 cm wide, but about 3 foot long).

Just wondering if there was any legal type definition knocking about. I'd call the damage 'expected wear and tear' (but then i suppose i would if i'm wanting my £250 back) , but i'm guessing he'll take about £50 off me for 'damage'. i'll be mighty ****** if he does.

any landlords out there care to comment from their side of things?

Tony · 29-07-2004, 16:19

Well at least one wall will need totally repainting. You will be lucky if it's only £50!

It's not the landlord that's robbing you - it's the tenant after you that deserves a nice place without any damage.

Phanerothyme · 29-07-2004, 16:31

Quote:

Originally posted by Tony
Well at least one wall will need totally repainting. You will be lucky if it's only £50!

It's not the landlord that's robbing you - it's the tenant after you that deserves a nice place without any damage.

Any landlord worth their salt would give any property a lick of paint before a new tenant arrives.

If any of the fittings and fixtures are broken then kiss it goodbye, likewise any damage caused by your negligence.

Unless your lease agreement specifically mentions types of wall fixings to be used, (mine explicitly prohibited blu tack and adhesives, had to use drawing pins or traditional hanging methods (frame and a string)) then blu tack damage should not cost you your bond.

If he does, ask him politely for the quotation he has based his figures on, and cross check it with another contractor of similar size.

Greenback · 29-07-2004, 16:33

To generalise for a moment, surely in most cases the damage is 'reasonable wear and tear'. At least, it is in my experience. No landlord can reasonably expect someone to live in a property for a year yet incur no damage whatsoever to fixtures and fittings.

This factor is built into the rental costs, so it's disingenuous for landlords to keep hold of a big chunk of the bond just because there's a stain on the carpet or something.

Tony · 29-07-2004, 16:42

Well I have to disagree there.

I don't have to shampoo my carpets or redecorate them each year at home, because they are only subject to 'normal wear and tear'. That's the marker really - legally!

Blu-Tack isn't 'wear and tear' it's a choice because you want to put up posters. Stains on the carpet are exactly that - stains, not wear and tear. They don't magically appear by themselves.

Plenty of tenants manage just fine without staining the carpet. Why should the Landlord have to pay, or the following tenant?

Quote:

Originally posted by Greenback
No landlord can reasonably expect someone to live in a property for a year yet incur no damage whatsoever to fixtures and fittings.

Of course you can, and if you damage something before it reaches the end of its natural life, you should pay for it.

Greenback · 29-07-2004, 17:00

I've moved into a few properties that haven't been cleaned or prepared properly prior to tenancy, yet despite leaving them in a far, far better condition at the end of the tenancy than at the beginning, I get stung for 'cleaning costs' and the like.

There seem to be a fair few landlords for whom the bond is 'fair game'. I guess descriptions of what is 'reasonable' may vary from person to person, but landlords do get away with a lot in my experience.

Andy78 · 29-07-2004, 18:27

I've always had a chunk of my deposit taken which really annoys me. A couple of years ago I moved into a house an spent days cleaning it as it was filthy. I found out from the previous Tennant's that the landlord had charged them for cleaning, when it was me tat had cleaned. Grrrr. We left the house spotless at the end of the year and still got done for cleaning. It annoys me as there's no regulating body for this type of thing.

Carmine · 30-07-2004, 12:21

We had a landlord who pulled any number of dirty tricks to keep the bond, and the fact is that most of them simply keep the damn thing anyway and ignore any letters or phonecalls requesting its return after the tennancy is over until you loose the will to fight for a few hundred quid.

The cleaning one did for our bonds once, after we cleaned the house from top to bottom and left three boxes in the living room for the foreign exchange student we lived with to dispose of (due to the fact that he did b****r all else). The guy just left them and then we heard the news that our bonds were forefeit to pay for the "cleaning." We happened to call round to the house and notice that the landlord had employed himself to carry the boxes from the house into his car, and paid himself around £300 for ten minutes work.

Patchy · 30-07-2004, 12:46

My view would be that small marks from blue tack etc should be classed as reasonable wear and tear and should be covered by your rent.. unless the landlord specifically told you you shouldn't use blue tack. Considering the amount of rent most landlords charge, they shouldn't moan about having to spruce up the place before the next tenant moves in!

CaptainSleep · 30-07-2004, 12:53

MY last landlord Stuart Barton of Barton properties gave me my full bond back. He was probably the best landlord i've ever had to deal with, i agree most of them just try and stitch you up.

nickyc · 30-07-2004, 13:01

Allot of private landlords are fine but there are some evil ones out there and most letting agencys also play this game. They steal your money. They have no intention of ever giving it back no matter how carefully you look after the property. Send a letter thretning to take them to the small claimes court. If you still dont get it back, take them to the small claims court. Its not too expensive and if more people do it then they would probably stip steeling from their tenants.

Hodge · 30-07-2004, 13:34

Most of the landlords I've had the misfortune of paying rent to have been absolute *****. Almost all of them in my 8 years living in Sheffield have tried (unsuccessfully) to keep my bond, even though I've never damaged a property or its contents, and have always made sure the house is clean before moving out. Each time, I've told them that all further correspondence from me will be through my solicitor (and if they have a valid reason for keeping my bond, then there's no need for them to worry). Probably not surprisingly, within a few days I've received my full bond back.

I've only ever had one decent landlady, who was an absolute gem - unfortunately, she had to sell the house I was living in, and yet another **** of a landlord bought it. I received my full bond from him last week.

I would advise that when you move into new rented accommodation, have an independent party present before moving in, and go through the property with the landlord and the independent party checking the state of the rooms, and contents. When you're ready to move out, do the same - that way you can compare the state of the property to when you moved in, and any disputes about the bond can be settled far more amicably and fairly.

dragonsoup · 30-07-2004, 18:21

I have always repayed bonds in full ,except on one occasion when the person leaving the house did something ridiculous with a set of keys that would have jeopordised the new tennants security so he was charged for a new front door lock (materials only) on receipt of final bills showing up to date payment , I will post a cheque in full and not mess people about.

Now the negative bit yes you should paint the property throughout regularly but blue tack is such a pain as the oil in it seeps through emulsion paint and needs to be covered with a special primer even when its scraped off properly.

I know the types of landlord you are on about and with some of them its not only bonds you should be worried about.

Dragon

Barra · 16-08-2004, 09:57

To my utter amazement I received my full bond back this weekend! Perhaps I should be less cynical of landlords!

Jamie · 16-08-2004, 10:33

Quote:

Originally posted by dragonsoup I know the types of landlord you are on about and with some of them its not only bonds you should be worried about.[/b]

Why ? What else can (do) they do Dragon ?

LittleWitch · 16-08-2004, 11:07

Ok, here's one for you!

One of my friends was at uni in Cardiff till this summer, and for the past year she was staying in a rented house with four other students and - guess who - the landlord!!

He was renting out his own house, and sleeping in a converted shed in the garden. Yet he would come into the house early in the morning to use all the facilities, and would lounge around all day watching their TV.

Now call me old fashioned, but that's a bit weird, isn't it?

Jamie · 16-08-2004, 11:21

Quote:

Originally posted by LittleWitch
... Yet he would come into the house early in the morning to use all the facilities, and would lounge around all day watching their TV.

I recon they should have charged him rent ...

Saifa · 16-08-2004, 16:44

Yeah- threaten em with the lawyers that usually puts the wind up em.

I've had two landlords go from "la la la I'm not listening" to my new best mate overnight cos I said I'd just got legal advice. And one of them one of my flatmates had written "(landlords name) is a robbing b**tard" in marker pen on one of the walls at the leaving party.

Students eh? (It was fair comment though you should have seen the place)

Had to nick some headed notepaper and pretend to be a solicitor to get the bond back there.

So yeah, even if you ain't got any intention of taking em to court say that you will and if they are trying it on they may well cack it and give you the money back. Aint got nothing to lose