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GT28
09-11-2009, 14:02 PM
I have been renting a maisonette for the past 3 years. When I moved in, the entire place had been painted and was clean throughout.

I am moving out this weekend and my landlord has told me he will deduct redecorating costs from my deposit. The place is still in excellent condition, just a couple of marks on the walls in the kitchen and living room.

In the bathroom, the paint has started to peel from the walls due to bad ventilation, but the landlord has said it is my responsibilty to pay for this also, even though there is nothing I could have done to prevent this, especially considering normal emulsion paint was used.

Can anyone tell me if I am liable for these costs? Its seems so unreasonable.

Considering I have lived there for 3 years would this not be classed as normal wear and tear?

Thanks for any advice you can give me.

NoMoreFaith
09-11-2009, 14:18 PM
Sounds like reasonable fair wear and tear based solely upon your description of the situation.

Have you signed a new fixed term agreement after the 6th April 2007? If so, your deposit should be protected in a scheme and you can ask for the disputed amounts to go to adjudication.

Otherwise, you may have to go through small claims procedure if you do not feel the deductions are fair.

westminster
09-11-2009, 14:22 PM
Tenant is not responsible for fair wear and tear, such as the small marks and scrapes to the decor which occur during normal everyday occupation, therefore, you are not liable for the cost of redecoration.

You are liable for any actual damage caused by accident or through negligence etc. but I don't think the peeling paint in the shower room can be classed as this in the circumstances.

GT28
09-11-2009, 14:37 PM
Thank you for your replies.

I thought it was unreasonable, however my landlord is insisting that this is 'normal procedure' and the property should be left in exactly the same state as when we moved in. I am so disappointed with the situation as when he came for an inspection at the weekend he thanked me for keeping the place so clean.

I have signed a new agreement every 6 months since I first rented the property in November 2006 so I would assume my deposit should be protected... although I am pretty sure it isn't :(

jeffrey
09-11-2009, 14:45 PM
I thought it was unreasonable, however my landlord is insisting that this is 'normal procedure' and the property should be left in exactly the same state as when we moved in.
You are right. L is wrong. Simple.

westminster
09-11-2009, 15:05 PM
I have signed a new agreement every 6 months since I first rented the property in November 2006 so I would assume my deposit should be protected... although I am pretty sure it isn't :(
Yes, it should have been protected. Deposit protection came into force 6 April 2007 and applies to all new and 'renewed' ASTs entered into after this date. Direct LL's attention to s.214 of the Housing Act 2004. The penalty for failing to comply is potentially 3 x deposit.

http://www.opsi.gov.uk/ACTS/acts2004/ukpga_20040034_en_19#pt6-ch4
http://www.direct.gov.uk/en/TenancyDeposit/index.htm

If LL withholds the deposit unfairly, you've two options; 1) issue claim using Money Claim Online for return of the deposit only, or 2) issue claim on form N208 for return of the deposit plus the 3 x penalty (higher risk, as court fees may be high, and if you lose you may be exposed to LL's legal fees - so get legal advice first).

http://painsmith.wordpress.com/2009/05/21/proper-place-for-tds-claims/

GT28
09-11-2009, 15:08 PM
Thank you so much for your advice, I really appreciate it :)