PDA

View Full Version : Checkout Problem!?



chris101
14-12-2011, 12:49 PM
My partner had her checkout of her old property a week or so back which was not furer when conducting (the same guy who performed checkin had in his report one of the walls was grey when it was cream through her stay).

Any how before she checked out, she left the property 2 weeks before that due to an emergency and landlord allowing this as long as she paid until a new tenant moved in.

The Tenant has asked for the following -

Gardening £200.00
Cleaning £150.00
Windows replaced £150.00
New Basin &
Toilet seat £150.00
Painting & £250.00
Decorating

Total £900.00

Gardening - She had made sure she regularly maintained the gardening and even left some nice plants behind. She had 2 big trees in the garden and due to the season the garden needed to be raked ever 4 days and the fact she moved out on terms 2 weeks back on agreement, there was bound to be leaves. How can she justify £200 for just leaves???

Cleaning - She cleaned the property with her mum. In between the time she had left the property and checkout, the landlord even came into the property with her shoes and left some footprints (without notice) in the lounge. My partner agree's there were some little stains in the fridge and maybe work top in kitchen but nothing unexpected.

Windows - Already had cracks when she moved in. I believe it wasn't noted in the checkin report and due to the nature of the move at the time, she didnt get round to letting them know (and it was the first ever checkin she had). So potentially liable but the windows are over 10-15years old so any depreciation costs?

Toilet Seat & Basin - She cannot remember if the toilet seat was damaged as they never used the downstairs one but in the checkin it says the toilet seat was plastic and in the checkout it says glass???

Painting and Decorating - Ofcourse a little spots of pain marks have occurred over 1.6 year period but how does she justify £250?

When visiting the property after checkout to give the spare keys back, the land lady was painting the property and therefore doing a simple DIY job which is how it was when she moved in!

She has asked half of the £900 and if she decides to kick up a fuss the LL has advised she will ask for the full lot.

How should she pursue this?

mind the gap
14-12-2011, 22:47 PM
[QUOTE]My partner had her checkout of her old property a week or so back which was not furer when conducting (the same guy who performed checkin had in his report one of the walls was grey when it was cream through her stay).Perhaps by 'grey' he meant grubby/dirty.

What do you mean by 'furer'?


Any how before she checked out, she left the property 2 weeks before that due to an emergency and landlord allowing this as long as she paid until a new tenant moved in.When she left is irrelevant.


The Tenant has asked for the following -Do you mean the tenant has been asked for?


Gardening £200.00
Cleaning £150.00
Windows replaced £150.00
New Basin &
Toilet seat £150.00
Painting & £250.00
Decorating

Total £900.00These are only claimable if the LL has evidence that these items/aspects/areas were in a better condition at the start of the tenancy than at the end (excepting fair wear and tear). However, £200 for gardening suggests 20 hours' work -if you don't think that is justified, dispute it.


Gardening - She had made sure she regularly maintained the gardening and even left some nice plants behind. She had 2 big trees in the garden and due to the season the garden needed to be raked ever 4 days and the fact she moved out on terms 2 weeks back on agreement, there was bound to be leaves. How can she justify £200 for just leaves???See above.


Cleaning - She cleaned the property with her mum. In between the time she had left the property and checkout, the landlord even came into the property with her shoes and left some footprints (without notice) in the lounge. My partner agree's there were some little stains in the fridge and maybe work top in kitchen but nothing unexpected.I would not class little stains in he fridge as 'nothing unexpected'. A new tenant does not expect to find stains in the fridge. It suggests half-hearted cleaning.The fact that she did it with her mum is meaningless. They might both be sloppy cleaners. What matters is the state she left it in.


Windows - Already had cracks when she moved in. I believe it wasn't noted in the checkin report and due to the nature of the move at the time, she didnt get round to letting them know (and it was the first ever checkin she had). So potentially liable but the windows are over 10-15years old so any depreciation costs?Unless she alerted Ll to defects at start of tenancy she can be held liable for cracks but LL can only claim a proportion of the replacement cost based on expected life of the windows.


Toilet Seat & Basin - She cannot remember if the toilet seat was damaged as they never used the downstairs one but in the checkin it says the toilet seat was plastic and in the checkout it says glass???Probably clear plastic. Was it damaged or not? The fact that she claims not to have used that toilet is irrelevant.


Painting and Decorating - Ofcourse a little spots of pain marks have occurred over 1.6 year period but how does she justify £250?£250 is two days decorating. This can only normally be justified if the decor was left filthy or damaged. If LL has evidence of this and a decorator's invoice, then she can claim it.


When visiting the property after checkout to give the spare keys back, the land lady was painting the property and therefore doing a simple DIY job which is how it was when she moved in!Irrelevant unless there is evidence of the state of decor at beginnning and end of tenancy.


She has asked half of the £900 and if she decides to kick up a fuss the LL has advised she will ask for the full lot.

How should she pursue this?

How mch does she think would be a fair amount? Offer it - but be aware that the LL can sue for the full amount if she wants.

Is the deposit in a protection scheme?

In the end, it will boil down to what the LL can demonstrate about the state of the property at the start and end of the tenancy.

mariner
14-12-2011, 23:21 PM
"She (LL?) has asked half of the £900 and if she decides to kick up a fuss the LL has advised she will ask for the full lot."

If LL is willing to settle for £450 (50%), given MTG's comments above, your partner amy feel it is not worth further hassle or she may not. How much was the deposit? Any amount in dispute will be held back until resolved. For once a LL who seems to have a movein/moveout inv conducted by same Ind? person. £250 is about the cost of gloss & emulsion + labour for 1 av sized room. Even if LL did DIY, she is entitled to claim cost of materials. Maybe she repainted several rooms and only charged for paint?

chris101
15-12-2011, 09:07 AM
[QUOTE=chris101;346962]Perhaps by 'grey' he meant grubby/dirty.

What do you mean by 'furer'?

When she left is irrelevant.

Do you mean the tenant has been asked for?

These are only claimable if the LL has evidence that these items/aspects/areas were in a better condition at the start of the tenancy than at the end (excepting fair wear and tear). However, £200 for gardening suggests 20 hours' work -if you don't think that is justified, dispute it.

See above.

I would not class little stains in he fridge as 'nothing unexpected'. A new tenant does not expect to find stains in the fridge. It suggests half-hearted cleaning.The fact that she did it with her mum is meaningless. They might both be sloppy cleaners. What matters is the state she left it in.

Unless she alerted Ll to defects at start of tenancy she can be held liable for cracks but LL can only claim a proportion of the replacement cost based on expected life of the windows.

Probably clear plastic. Was it damaged or not? The fact that she claims not to have used that toilet is irrelevant.
£250 is two days decorating. This can only normally be justified if the decor was left filthy or damaged. If LL has evidence of this and a decorator's invoice, then she can claim it.

Irrelevant unless there is evidence of the state of decor at beginnning and end of tenancy.



How mch does she think would be a fair amount? Offer it - but be aware that the LL can sue for the full amount if she wants.

Is the deposit in a protection scheme?

In the end, it will boil down to what the LL can demonstrate about the state of the property at the start and end of the tenancy.

He actually wrote in the checkin grey colour and checkout cream.

Sorry my spelling is terrible, I meant thorough.

With regards to the cleaning, I accept it not acceptable but for the price for cleaning is very excessive? When she moved in, it wasn't as clean as she has made it but again she didn't make any issues when she moved in as it was for emergency purposes and didn't understand how it all works as we do now.

She said the toilet seat had no damage and in the checkin report there's no pictures or mention about the condition about the toilet seat or the toilet at all.

The only issue with pain was her kids at the time wrote 'I love you mummy' with a pen on the bedroom painted wall. She tried before checkout to pain over it by buying new paint (which she even left at the property) unfortunately the paint didn't dry in time and due to that reason there was a patch on the wall which they are claiming is justified for the price asked.

A fair amount would be around £100 or maximum £150 but I understand its another issue that should of been resolved at the time but the LL failed to address issues when she lived there even though she alerted the LL 3 times.
If her kids had not been abducted she would of pressed further.

This is why its such a mess (please see my original thread). Based on emergencies and circumstances, shes been really unfortunate!

mind the gap
15-12-2011, 12:06 PM
I am sorry that your friend has had a tough time personally, but I'm afraid that none of that will be taken into account by a deposit scheme adjudicator or a judge, if her LL decides to proceed with her claim of £900.

All the court/scheme will be interested in are:
1. The state of the property at the start of the tenancy as agreed by the tenant via the check-in inventory
2. The state of the property at the end of the tenancy as evidenced by the check-out report.

If the check-in report makes no mention of something or its condition, then the LL is unlikely to succeed in claiming for damage to it.

As far as the decorating goes, what your friend did was probably the worst option. When children write on walls in pen(and what they wrote is totally irrelevant, I'm afraid!), it is very difficult to remove or conceal. Ink has to be dissolved or sealed into the wall (e.g. with stainblock or an oil based sealant) before new emulsion is applied. Simply slapping some more emulsion over it (which might not even be the exact colour match) is a waste of time and means the whole room may have to be decorated, rather than just one area.

Cleaning : if the standard of cleaning was such that stains were left in the fridge, I can quite understand why it cost £150 to have it cleaned again.

The issues which the LL did not attend to promptly during the tenancy are nothing to do with the deposit, by the way.

Try to keep the separate issues separate!