Moving out of rented house -wear and tear

[TooMany2cvs]

Flumpo said:

It would make a SUBSTANTIAL difference:

Email landlord:

Dear landlord

I have lived in your property for 3 years, there is some unavoidable and reasonable wear and tear to the paintwork. I would like to confirm before I move out if you share my view these marks and reasonable wear and tear. This will enable you to either return my deposit in full or allow me the opertunity to return the paintwork to its acceptable condition avoiding arbitration which I’m sure neither of us would prefer.

Please respond to arrange a visit and provide photos to support your view if nesesary on this.

Thanks.

3x outcomes

1 landlord says the walls are ruined, you agree, follow up with email saying you intend to paint the exact same colour and put back to how it was when found, get an email response confirming. Take photos of finished wall. Job done, probably cost you £20.

2 landlord says it’s fair wear and tear, thanks for being a good tennent. Get an email response.

3 decide not to do any of the above as per some suggestions. Landlord thinks you are taking the Micky with the state of the walls. Decides to deduct £80 per wall as he will require a professional decorator. Decided he will take the mickey and paint for £20 and spend your cash on landlord riches like caviar.

Whereas the right answer would be 4.

Who's to say that the tenant is anything but a half-arsed incompetent bodger, whose attempt at redecorating is simply going to mean more expense and work in rectification? B'sides, £80/wall to redecorate properly...? I like you, you're funny. And whether the work is done or not is irrelevant. The question is the state after the tenant moves out versus the state before.

Flumpo said:

If a total rogue and tried to take your deposit you have your evidence of the email, the offer to put right and your own photos. Clear cut if arbitration gets involved.

They won't take the tenant's photos any more than the landlord's. The check-in and check-out inventories are the mutually agreed proof. The onus is on the landlord to prove that the condition has deteriorated more than fair wear and tear - the tenant does not need to prove or demonstrate anything.

[super7]

Again, as has been said, the onus is on the Landlord to prove he's due some of the deposit for dilapedations, NOT wear and tear. Wear and tear is a Landlords issue not the Tenants.

If you have been in a house for 3years the Landlord CANNOT deduct the full cost of re-decoration, new carpets, kitchen units etc etc ect. This is beterment and is not allowed. The purpose of the inventory on going in and leaving, with signatures and dated photo's is protect both parties.

I rented many years ago from a lady who did the going in inventory, didn't do an outgoing inventory (or a very poor one) and then tried to extort £2.5k out of me for dilapedations which were photographed before I went in. When this went to arbitration she provided no evidence even after offering me deductions in the amount due, cheeky b**h, and I ended up with all the deposit being returned. The in going inventory stated, "Walls and Carpets in a tired condition" and she asked for all the walls to be decorated and the carpets replaced..... eerrr no!!!

[sc0tt]

Real world example from 10 days ago. I am the Tenant.

_____________________________________________________________________________________________________________________

Hi xxx


Hope you are well. I removed one of the many picture strips I had around the flat last night and one of them has peeled a bit of paint off. I did buy what I thought would be the correct colour but it appears to be a shade darker. The size is around a 10p peice. Do you have any paint or paint code and I can rectify or would your prefer to do it yourself? I'd rather let you know in advance than surprise you on Sunday.


Also the window sill in the en suite could probably do with a lick of paint, there is around a 3cm spot where the paint has come off from use and I thought rather than tackle that with the wrong white you may have some? Again if not I'm happy to paint.


Everything else is in good shape.


Thanks

S

_____________________________________________________________________________________________________________________


Hi sc0tt,

Not to worry mate, I have to correct paint at home I will carry out any touch up in the week, once you have left.

Regards

Ryan

[dmsims]

Flumpo said:

If a total rogue and tried to take your deposit you have your evidence of the email, the offer to put right and your own photos. Clear cut if arbitration gets involved.

Not quite that straightforward

An inventory is written

[Flumpo]

dmsims said:

Flumpo said:

If a total rogue and tried to take your deposit you have your evidence of the email, the offer to put right and your own photos. Clear cut if arbitration gets involved.

Not quite that straightforward

An inventory is written

Agreed, however the simpleton I was replying to claimed they had loads of experience and it was all done with photos...

[Flumpo]

TooMany2cvs said:

Flumpo said:

It would make a SUBSTANTIAL difference:

Email landlord:

Dear landlord

I have lived in your property for 3 years, there is some unavoidable and reasonable wear and tear to the paintwork. I would like to confirm before I move out if you share my view these marks and reasonable wear and tear. This will enable you to either return my deposit in full or allow me the opertunity to return the paintwork to its acceptable condition avoiding arbitration which I’m sure neither of us would prefer.

Please respond to arrange a visit and provide photos to support your view if nesesary on this.

Thanks.

3x outcomes

1 landlord says the walls are ruined, you agree, follow up with email saying you intend to paint the exact same colour and put back to how it was when found, get an email response confirming. Take photos of finished wall. Job done, probably cost you £20.

2 landlord says it’s fair wear and tear, thanks for being a good tennent. Get an email response.

3 decide not to do any of the above as per some suggestions. Landlord thinks you are taking the Micky with the state of the walls. Decides to deduct £80 per wall as he will require a professional decorator. Decided he will take the mickey and paint for £20 and spend your cash on landlord riches like caviar.

Whereas the right answer would be 4.

Who's to say that the tenant is anything but a half-arsed incompetent bodger, whose attempt at redecorating is simply going to mean more expense and work in rectification? B'sides, £80/wall to redecorate properly...? I like you, you're funny. And whether the work is done or not is irrelevant. The question is the state after the tenant moves out versus the state before.

Flumpo said:

If a total rogue and tried to take your deposit you have your evidence of the email, the offer to put right and your own photos. Clear cut if arbitration gets involved.

They won't take the tenant's photos any more than the landlord's. The check-in and check-out inventories are the mutually agreed proof. The onus is on the landlord to prove that the condition has deteriorated more than fair wear and tear - the tenant does not need to prove or demonstrate anything.

Agreed, if the op or anyone else, can’t paint a wall it would be best to not do it. I was going to add get a friend but didn’t in the original.

Again, agreed on the inventory, but after painting a wall I would still be inclined to photo it with it digital date to show it was perfect when I moved out.

Otherwise what’s to stop the landlord taking a sledge hammer to the wall and saying it was the tenent.

Thank you for saying you like me, it’s means a lot.