Schedule of Dilapidation's
Discussion
Well it's arrived, my ex landlord has served the schedule on me. Let me share some of these gems with you.
Repaint parking lines £600, replace door to gas meter £200, rubber gaskets to windows loose £350, wooden door missing on ground floor £450, Preparation of schedule £1,900. In total £21k worth of Sh1te.
I am fuming,the guy is a frigging comedian, what is the remedy apart from a landlord drive by !
Mark
Repaint parking lines £600, replace door to gas meter £200, rubber gaskets to windows loose £350, wooden door missing on ground floor £450, Preparation of schedule £1,900. In total £21k worth of Sh1te.
I am fuming,the guy is a frigging comedian, what is the remedy apart from a landlord drive by !
Mark
Is there a clause in the lease about appointing an arbiter in case of dispute - if so appoint one to negotitate on your behalf.
Either way dispute it and get proper advice.
Was there a schedule done at the commencement of the lease, with photos?
Dipsute it now and in writing, so that everything is recorded.
Worst scenario, get alternative prices for putting things to right.
Does it say in the lease that you'd have to pay for a schedule at the end of the agreement?
Either way dispute it and get proper advice.
Was there a schedule done at the commencement of the lease, with photos?
Dipsute it now and in writing, so that everything is recorded.
Worst scenario, get alternative prices for putting things to right.
Does it say in the lease that you'd have to pay for a schedule at the end of the agreement?
Seems very steep to me, especially the £1900 to prepare the schedule. This may be a percentage tied to the amount of dilaps so will come down once you start putting real world prices against the items. As said previously, was a schedule done before you moved in? Is it a fully repairing and insuring lease? Have you moved out? (you could probably sort the items yourself for less money if you are still in occupation)
It seems that these days schedules are made up to be negotiated in the hope that the landlord can get one over on the tenant.
A few hundred quid to your local surveyor could save you thousands.
It seems that these days schedules are made up to be negotiated in the hope that the landlord can get one over on the tenant.
A few hundred quid to your local surveyor could save you thousands.
mutt k said:
It also needs to be borne in mind that the objective is not to give the landlord something back which is better than he started off with. In other words, if it was a pig's ear to begin with, he should not be trying to get you to turn it into a silk purse.
Exactly. Also, what are his plans for the building now. If it is to be redeveloped then you may be absolved of much of the schedule.
A Chartered Building Surveyor will see you right. Try this for a start.
www.rics.org/RICSservices/Findasurveyor/Public+Zone.htm
Tim
"It also needs to be borne in mind that the objective is not to give the landlord something back which is better than he started off with. In other words, if it was a pig's ear to begin with, he should not be trying to get you to turn it into a silk purse"
Good point, as most of the items are in the same condition now, as they were when we moved in.
Thanks for the advice
Mark
Good point, as most of the items are in the same condition now, as they were when we moved in.
Thanks for the advice
Mark
Were the photos taken by you alone or with the Landlord present and were they signed or witnessed by anyone else.
You really must get an expert on board to fight this for you. You would have to leave the building in a tenantable state, so that it could be re-let but not in a better state than it was when you moved in.
How long were you in for and do you have bills etc for repairs and maybe improvements over this period? they may just be useful for your expert to fight your case.
It's Landlords like your's that give the rest of us a bad name.
You really must get an expert on board to fight this for you. You would have to leave the building in a tenantable state, so that it could be re-let but not in a better state than it was when you moved in.
How long were you in for and do you have bills etc for repairs and maybe improvements over this period? they may just be useful for your expert to fight your case.
It's Landlords like your's that give the rest of us a bad name.
Landlord and Tenant Act 1927 Section 18(1) - a claim for failure to repair cannot exceed the reduction in value of the landlord's interest due to the failure. So if the property is worth the same on the open market with or without the repairs then his claim is zero.
Propose independent valuation to get the evidence and don't pay anything until he proves a loss.
Propose independent valuation to get the evidence and don't pay anything until he proves a loss.
If no Schedule was compiled on commencement of your lease, then landlord has to prove that the property is now in a worse state.
Conversely, you as the tenant have to prove that the property is in no worse a state than when you commenced the tenancy.
The photographs, while undated, may be a start.
Generally, the law will favour the tenant......
Conversely, you as the tenant have to prove that the property is in no worse a state than when you commenced the tenancy.
The photographs, while undated, may be a start.
Generally, the law will favour the tenant......
Slight gloss on Melv's point.
It helps in the lease states that the state of repair is not expected to be any better than that at the start of the lease but that is not an absolute rule.
Three principles apply:
First, if you are required to keep something "in repair" then the only test is just that - is it in repair. The fact that it might be a bit tatty is not the issue.
Second principle - if you are required to do something specific then you have to do it eg repainting the lines for parking or decorating the premises at the end of the lease. Conversely if you are just generally required keep the property clean, tidy and decorated you are not expected to leave it as if you are looking after a show home.
Third - LTA 1927 as mentioned in my previous post, the valuation issue can often override everything else. It is where I would start.
It helps in the lease states that the state of repair is not expected to be any better than that at the start of the lease but that is not an absolute rule.
Three principles apply:
First, if you are required to keep something "in repair" then the only test is just that - is it in repair. The fact that it might be a bit tatty is not the issue.
Second principle - if you are required to do something specific then you have to do it eg repainting the lines for parking or decorating the premises at the end of the lease. Conversely if you are just generally required keep the property clean, tidy and decorated you are not expected to leave it as if you are looking after a show home.
Third - LTA 1927 as mentioned in my previous post, the valuation issue can often override everything else. It is where I would start.
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