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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70525
Experience:  Over 5 years in practice
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We rented a property for just over a year, the letting agents

Resolved Question:

We rented a property for just over a year, the letting agents gave permission for painting & decorating, we have pictures of the property before, very dirty not been cleaned lots of problems, very old property, we fitted a new shower & also new electrics along with new carpet & laminate flooring within the first 4 months of moving in, no inspection was done by the letting agent & we had problem after problem with the property, damp, slug investation, mould on walls, unsafe wall at front and unsafe front door & windows, we emailed the letting agents who seemed to dismiss our requests, after a year no problems been solved we found another property and gave 7 weeks notice, and moved out a week after giving notice they made us pay a months rent even when we wasn't living there, we left all fitted blinds and other items, then we found out about a week ago the landlord wasn't happy that we had the kitchen units painted and now he won't give us our bond back, we offered him £175 towards the cost he has refused, what can we do? The letting agents are emailing me calling me a bad person for doing this.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Are you asking if you have to pay ?
Customer: replied 3 years ago.
No the letting agents won't return our £600 bond because the landlord said he didn't like the units been painted, we have offered him £175 out of the bond to rectify the situation but he has refused, he seems to not take into account that we have spent over£2000 on the property doing improvements such as fitting a new shower with tiles, new carpets & laminate flooring, new lights fitting threw out the property, I want to know where we stand on getting our bond back.

Thanks
Expert:  Jo C. replied 3 years ago.
Is it protected in a scheme?
Customer: replied 3 years ago.
Yes and we are lodging a dispute it is with my deposits
Expert:  Jo C. replied 3 years ago.
Thanks.

Is there any reason you think you need to more than that?
Customer: replied 3 years ago.
I just wondered if we had a good case for getting our deposite back and if we had acted fairly to offer £175, could you answer that please.
Expert:  Jo C. replied 3 years ago.
Thanks.

I am afraid its bad news.

If you moved out without proper notice then you are liable for one months' rent. There is no way around it.

Proper notice does depend on the type of contract you are on but you would, at the least, be on a periodic tenancy agreement and so they were entitled to one months notice on or before the rent date. One week is not an acceptable period of notice.

You are only liable up until the point that the landlord replaces you with another tenant and he is under a duty to mitigate his loss by looking so that may give rise to some hope.

However, if you are saying that you left with only one weeks' notice then I'm afraid he is entitled to keep your deposit.

In terms of the actual dispute here though, the landlord seems to be alleging some form of damage or neglect. Obviously I haven't seen the property so cannot really price the cost of it. The question will be twofold. Firstly is there any damage or neglect? Secondly, what is the cost of putting it right?

If the landlord's issue is that you painted the kitchen units then he is entitled to be compensated for that but that isn't going to cost the sum of your deposit to put right.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
We gave 7 weeks notice & payed 7 weeks rent, the big problem is can he take all our deposit to put the painting right on the kitchen units, thanks you have answered questions that I already knew the answers to.

Thanks again
Expert:  Jo C. replied 3 years ago.
I thought you said above that you left after one week's notice?

It isn't likely to cost the full sum of your deposit to repaint the kitchen units.
Customer: replied 3 years ago.
No we gave 7 weeks notice and paid that but our new house was ready to move in to so we moved but we moved out after a week but we still paid, the landlord has new tenants moving in to the property and he has put the rent up, so I think that tells me that we left the house in a very good condition.
Expert:  Jo C. replied 3 years ago.
Yes, that does tend to suggest you did.

Also, if he has tenants moving in before your rental period expires then you are owed a refund upon the rent.

He is entitled to have the units painted the old colour if you didn't get permission in advance but that will not be expensive.
Customer: replied 3 years ago.
They said we could paint & decorate, and we think £175 is a good offer to put the units right, it's so unfair.

Thanks you have just clarified what we already knew.

Kind regards

Linda
Expert:  Jo C. replied 3 years ago.
If its just repainting then £175 seems reasonable.

I suppose you could argue that you had permission but if you dont want to fight this then £175 seems a reasonable amount.
Customer: replied 3 years ago.
He has refused £175 so we have decided to lodge a formal dispute with My deposits, hopefully we will win.

Thanks again
Expert:  Jo C. replied 3 years ago.
No problem and all the best.

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