renting my home!!!?

Question

I am currently renting my home and i am due to move out in January. Last time i rented a property the landlord/estate agent tried to with hold the deposit claiming that things were missing from the property which i know they weren't. I am now afraid that my current landlady will try to do the same thing, but we don't have a copy of an infantry. The only problems that i can see that are wrong with the property are a light bulb needs replacing, which i will change, the carpet is a little thinner in places and there are a few scuff marks on the walls, so does this go down as fair wear and tear or will i have to have the place redecorated? I fear that if i leave the scuff marks they will try to keep my deposit or claim they have had to redecorate and charge me for it. Anyone help???

Answer 1

Wear and tear is expected and landlords get tax breaks for it - so you should get it back. Unfortunatley some landlords think that they have the right steal peoples deposits by making misleading/spurious claims.

My freind had their bond withheld and brought it to the small claims court - he won. So if you are in the right don't give up without a fight.

The best thing to do if you move into rental property is to go through the ittinery with the landlaord when you move in, make any ammendments or adjustments, both sign and keep a copy each.

Another tip is if you are doing it through an letting agency get a copy of the general information they give to landlords. This maybe even usefull now as they usually contain details of what the landlord should expect in terms of wear and tear.

Good luck - hope you are fairly treated.

Answer 2

There really is no crystal ball that anyone here can look into and tell you what your landlord is or is not going to do.

They can't "redecorate" at your expense. And you aren't responsible for normal wear and tear.

How long have you lived there? If the carpet is several or more years old, it's not your problem that it's thinner in places ... but if you have only been there 1 or 2 years it is your problem. Same with the paint on the walls.

Take photos when you move in and move out. Some landlords, no matter how well you take care of a place, try and keep your deposit. Your only recourse is to file in small claims court and prove your case by showing photos. Many places allow you to file for double or even triple your deposit if it was wrongfully withheld.

Filing in court to get your money back is not a big deal. The paperwork takes about 10 minutes to fill out and the filing fee is really low. Just make sure you take lots of photos to prove your case.

Answer 3

Many landlords and landladies are honest and will return the deposit, if the home has no damage besides the normal wear and tear. Some, however, never have an intention of giving you back the deposit. And upon going to court, many judges rule in favor of the landlord, if he has pictures to show damages of any kind. Some landlords do exactly that. They take pictures of the damages, whether you caused them or not, and present them in court as damages done by yourself. Within a week of moving in make a list of the current damages as they are. Write down every little thing, such as cracked molding, torn screen, broken door lock, missing refrigerator rack, and other damages not caused by yourself. Take pictures if you can. Ask the landlord to sign and date the list and if he won't, ask someone else. Do not ask another person who resides with you, a really great friend, or a family member. Instead, ask someone not closely related to the subject. Take the document to a notary as an extra precaution. In case of later dispute, a judge will view your list as admissible evidence that you yourself did not cause the damages. If you concur that some damages were caused by yourself, but not enough to keep the entire deposit, make a list of these damages as well. A judge might well be impressed that you are willing to admit the damages that you have caused and allow you a portion of the deposit.

Answer 4

Well before we brought our house we rented for a while and the landlady was a right old bag. I keep our house very clean and tidy, but when we moved out there were a couple of marks where the sofa's had been and she tried to hold the whole deposit redecorate the place. My point was that is was normal wear n tear she was just being greedy. I think it depends on your landlord fight your corner though but make sure its nice and clean to start with.

Answer 5

I think it depends on the state of the house when you moved in, and how long you have been there. Had it been redecorated before you moved in? Have you been there for a year or less?

A landlord would not expect to have to redecorate each time he rents, so as long as it is in a fit state for the next tenant it should be ok.

Maybe you could try to clean the scuff marks off of the walls?

Answer 6

Your landlady cannot withhold your deposit for normal wear and tear. I would suggest that you ask for an inventory asap and check that everything that's on the list is still there. In my experience, landlords and landladies can be very difficult, so try to keep on her good side! If you're worried and none of your answers help specifically, go to the citizen's advice bureau - they will have all the latest legislation to check your legal status. Good luck!

Answer 7

landlords are notorious for ripping off peoples deposits.

my last place withheld loads of it because of bust lightbulbs (electrical fault as we lost 1 a month and told her), the door handles were dull !!!! and the dogs had scratched a door (she knew we had dogs, took more deposit, so i'll give her that one).

i never saw my deposit from the place before that.

years ago I rented a place in Sussex and lost my job 2 days after signing the paperwork. I lived there 2 months, then handed back the keys. They eventually re-let it 2 weeks before the end of my contract so i had to pay rent for somewhere i wasnt living, fair enough, but then they charged me to "cleaning" the house because it was so custy having not been lived in for 4 months !!!

so from these stories of woe, i would say you are gonna get done.

oh and it's inventory. the infantry are part of the army.

Answer 8

In my experience its best to redecorate yourself (if possible) any spots which are glaringly obvious. Fair wair and tear on carpets should be considered part of the cost of renting.. but get a copy of the inventory and make sure you aren't swindled out of anything else.

Answer 9

Photograph everything before you move in, and make sure that your landlady has copies of these photos, and that your solicitor also has copies .... if she is put out by this, calmly explain to her that you have had bad experiences and you are only out to protect yourself. Point out that you and she have the exact same photos and that the reverse would apply if you damaged her property and refused to pay for it.