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Anthony Chendo
Anthony Chendo,
Category: Property Law
Satisfied Customers: 3017
Experience:  Solicitor at BLM
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I have a landlord who is withholding some of the deposit due

Customer Question

Hey! I have a landlord who is withholding some of the deposit due to some light scratch marks on the counter tops. I can show you pictures. But Id say that are scuffs more than scratches. Are we liable for this? Thank you!
JA: What steps has your landlord taken so far? Have they prepared or filed any paperwork?
Customer: They are preparing a quote for the damages.
JA: Where is the property located?
Customer: In London! Elephant and Castle
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There was numerous other things they tried to claim against us such as broken tiles and marks on walls but luckily we were able to confirm they were there from when we moved in because we had an inventory taken. So all these charges were dropped
Submitted: 13 days ago.
Category: Property Law
Customer: replied 13 days ago.
File attached (S4MLMGZ)
Expert:  Anthony Chendo replied 13 days ago.

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays.

The deposit is held for damage caused to the property and therefore whether it is scuff or scratches the bottom line is its been damaged.

The dispute is now whether it was caused by you or not.

Assuming it is you then I suggest you obtain quotes from joiners on the costs to rectify the damage. Once you have your quotes this will be your basis of how much should be deducted from the deposit (if any)

Do you understand what I have stated so far?

If yes I will proceed to discuss the next step

Customer: replied 13 days ago.
I think that it may actually fall under wear and tear of the property no? Many websites have suggested that if it is simply scuff and not deeply damaged and considering it’s not a completely foreign factor ie a knife is commonly used on a counter top, that it should be classified as wear and tear
Expert:  Anthony Chendo replied 13 days ago.

Unfortunately a joiner will be in better position that I to advise on whether it is a scuff or a scratch especially when it is physically inspected. Therefore such opinion should be sought. Once you have the opinion you can proceed to discuss with the landlord whether to pay for the damage or not.

If the joiner states its a scratch and provides the costs it may be one that you can easily employ the person to come and fix or pay the landlord the costs of the service.

I hope I have clarified the position.

Thanks and stay safe.

Expert:  Anthony Chendo replied 12 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe