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Preparing To Move - Protecting Our Deposit!

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Hello,

We are in Scotland and preparing to move houses. We are on an AST for a furnished rental, and unlike England and Wales, there is no TDS. The check-out terms mention that we should paint over any scratches/ marks on walls, and replace any broken plates etc. We will get our place professionally cleaned, but I am thinking, no way, will I look for any scratches/ scuff marks on walls (we have not put up any paintings/posters on the walls) - this should be normal wear and tear. Nor do want to go on a hunt to find a replacement for the one plate we have broken in the year and a half we have been here..this should be considered normal wear and tear...no?

But just in case the LL wants to nickel and dime us, any idea what are our rights as tenants. We have two complaints which were not resolved

1) the cooker hood/vent did not work when we moved in, and despite our pointing it out at the start, no one has fixed it

2) The fridge/freezer was not working properly when we moved it. A couple of months after we were in, the LL replaced it with just a fridge, so we didn't have a freezer during most of our time - quite irritating as we couldn't make ice or buy ice-cream etc. to keep at home

What are our rights as tenants regarding these two things...?

Thanks!

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Hello,

We are in Scotland and preparing to move houses. We are on an AST for a furnished rental, and unlike England and Wales, there is no TDS. The check-out terms mention that we should paint over any scratches/ marks on walls, and replace any broken plates etc. We will get our place professionally cleaned, but I am thinking, no way, will I look for any scratches/ scuff marks on walls (we have not put up any paintings/posters on the walls) - this should be normal wear and tear. Nor do want to go on a hunt to find a replacement for the one plate we have broken in the year and a half we have been here..this should be considered normal wear and tear...no?

But just in case the LL wants to nickel and dime us, any idea what are our rights as tenants. We have two complaints which were not resolved

1) the cooker hood/vent did not work when we moved in, and despite our pointing it out at the start, no one has fixed it

2) The fridge/freezer was not working properly when we moved it. A couple of months after we were in, the LL replaced it with just a fridge, so we didn't have a freezer during most of our time - quite irritating as we couldn't make ice or buy ice-cream etc. to keep at home

What are our rights as tenants regarding these two things...?

Thanks!

One and two are irrelevent as far as you are concerned now, if the LL was not honouring the contract then you should have pushed the point and if after giving them reasonable notice they had still not honoured thier contractual obligations should have had the repairs/replacement equipment carried out/bought and withheld the cost from rent.

As for scratches/marks it would rather depend on the severity I think as to whether you would win in court and a court would decide but the LL would probably cave if served court papers and return the deposit. The plate on the otherhand is not IMO fair wear and tear but neglect, it really depends on whether the LL will want it replacing but remember he isn't entitled to betterment so cannot replace new for old so how much do you think that will really cost you. Also if he intends to deduct the cost he must prove (perhaps via reciept) that he has actually replaced/repaired the item.

Edit for a typo

Edited by zebbedee

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Thanks for your reply. I should just find a used plate at a charity shop and replace...else I might get charged for the plate and agents time in going out to buy a replacement. I guess I am not feeling that charitable towards the LL because they have been 'easy going' (aka lazy) about fixing things for us, but are suddenly all uptight now about how we leave the place... :angry:

I do have a place I let out abroad on long-term rentals, and I am so careful about making sure things are in working order for tenants. I have yet to deduct anything from a deposit- I've never charged for small breakages as I consider these normal wear and tear. The stuff LLs can get away with in this country is crazy! No wonder we all obsess about owning our own place here and not having to deal with lazy landlords and agents :rolleyes:

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I should just find a used plate at a charity shop and replace...else I might get charged for the plate and agents time in going out to buy a replacement.

Thats the most I would do, I'm not an expert but I don't think that they could charge for the time involved in sourcing a replacement only the cost of the replacement itself but they cant just take the purported cost, they have to actually replace the item to make the charge I think.

Edit, and wipe down any mjor scuffs on paintwork etc.

Edited by zebbedee

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  • 314 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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