- April 20, 2024
- Posted by: legaleseblogger
- Category: Related News
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## AI Legalese Decoder: Helping You Understand Your Rights as a Tenant in England
Hello,
I’m currently residing in ENGLAND and recently completed a tenancy spanning over a duration of 5 years. Upon requesting the return of my deposit, I was met with delays in conducting the checkout process due to the Landlord’s absence abroad. After almost 3 weeks of waiting, the Landlord has presented me with a substantial charge of nearly 1k for damages to the property, particularly citing damaged carpet and stained walls as the primary grievances.
The Landlord has provided photographic evidence to support these claims, however, I am of the belief that after a tenancy lasting 5 years, some level of wear and tear is to be expected and should not incur exorbitant charges.
It is worth noting that the deposit is no longer protected as the tenancy officially ended at the close of March.
In detailing the charges, the Landlord presented the following breakdown:
– Carpet damage in the bedroom requiring repairs
– Malfunctioning cabinet door and hinges necessitating replacement
– Stains and dents on the walls in various areas of the property requiring repainting
– Pending heating charge for Q1 2024, with an estimated deposit hold of £250 to cover the cost until the specific figure is issued
The total cost for the alleged damages and pending charges amounts to £970.00.
Regrettably, I have encountered difficulty in locating all the photos from the initial check-in report, and some of the noted marks on the walls were pre-existing.
In light of these circumstances, I am seeking advice on the possible courses of action available to me in this situation.
Thank you for your assistance!
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If you don’t accept it, contest the deduction with the deposit scheme and let them adjudicate – it’s what they’re there for.
What do you mean the deposit is no longer protected?
“any damage that occurs as a result of ordinary use and can’t be attributed to a specific incident or misuse by the tenant can be considered fair wear and tear.”
[https://www.tenancydepositscheme.com/asktds-what-is-fair-wear-and-tear-in-a-rental-property](https://www.tenancydepositscheme.com/asktds-what-is-fair-wear-and-tear-in-a-rental-property)
Contest any deductions you don’t agree with. The DPS will decide if it is wear and tear, and what a fair deduction is if you are liable.
You can try this tool to see if your landlord is likely to have the charges upheld. https://disputeschatbot.tenancydepositscheme.com/
NAL but just moved out of a rented house after 5 years. The walls were dirty/marked in places, behind where furniture was and toy marks on the walls from kids. The carpet even had a stain that happened when moving out that I couldn’t get out. Originally the letting agent was saying the walls needed repainting and the stain on carpet. I pointed out that 5 years of wear and tear would cause this also quoting shelter.org website guidance.
Heard nothing back so after a week I called and they gave the full deposit back. Before all this I had requested the full deposit via the deposit protection scheme but had expected some loss for these problems. It’s always worth fighting it and let them try and prove otherwise.
He’s repainting everywhere and charging you for part of it? Hm.
Carpet fixing? Given the painting, I’d question that and the rest.