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Moving Out Of A Rented Property


The Conveyancer

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HOLA441

I know it seems stupid me asking for advice but I dont do Landlord and Tenant and dont want to ask the person who deals with it at work.

I am moving out of my rental property and someone else is moving in on the Sunday. The landlord has a track record apparently for trying to keep the deposit for the smallest things.

I am assuming that as someone else is moving in the next day he cannot try to claim any money from the deposit for imaginary faults to the property. The place was not exactly wonderful when we moved in. We had to get the carpets cleaned (and will be doing the same as we leave) there were rips in the kitchen lino, generally the place was a bit battered.

If I remember rightly landlords can only withhold your deposit if they actually have to replace something at the property and must provide you with receipts to prove this has been done.

Can anyone confirm this please.

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HOLA442
If I remember rightly landlords can only withhold your deposit if they actually have to replace something at the property and must provide you with receipts to prove this has been done.

Can anyone confirm this please.

Yep thats pretty much the case, however actually getting the money back is another thing. They can only keep a portion of the deposit to cover the actual expense incurred.

What I would advise is when people move in is they note down, with pictures anything they think might come back to haunt them, bit late for that I know.

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HOLA443
Yep thats pretty much the case, however actually getting the money back is another thing. They can only keep a portion of the deposit to cover the actual expense incurred.

What I would advise is when people move in is they note down, with pictures anything they think might come back to haunt them, bit late for that I know.

I haven't moved out yet and have taken photos of just about everything.

He seems reasonable now and is saying that there won't be any problems but according to the next door neighbour he is yet to give back a full deposit to a tenant. However we are the only tenants in the property since the new deposit scheme. He is apparently changing agents from the one we rented through as well.

I am very much hoping that because he no longer holds the deposit himself and as I can threatening him that my firm will give the matter to a trainee solicitor to practise on (therefore free legal representation) he will just instruct the agents to give the deposit back. We can but hope.

He certainly won't have any time to renew anything and to be honest the kitchen looks about ten years old, the bathroom much the same with broken tiles and leaks, the carpets had fag burns in and the decoration is pure eighties, that I would be able to claim that they all needed replacing anyway (by the way that condition when I moved in). Anything done to the property must surely be betterment

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HOLA444
I haven't moved out yet and have taken photos of just about everything.

He seems reasonable now and is saying that there won't be any problems but according to the next door neighbour he is yet to give back a full deposit to a tenant. However we are the only tenants in the property since the new deposit scheme. He is apparently changing agents from the one we rented through as well.

I am very much hoping that because he no longer holds the deposit himself and as I can threatening him that my firm will give the matter to a trainee solicitor to practise on (therefore free legal representation) he will just instruct the agents to give the deposit back. We can but hope.

He certainly won't have any time to renew anything and to be honest the kitchen looks about ten years old, the bathroom much the same with broken tiles and leaks, the carpets had fag burns in and the decoration is pure eighties, that I would be able to claim that they all needed replacing anyway (by the way that condition when I moved in). Anything done to the property must surely be betterment

Didn't realise the deposit was in the new scheme, in that case don't think there will be too many problems for you, as I understand any dispute can be handled by the Alternative Dispute Resolution service which will make the process much more stream lined, I personally think that it will mean there are less disputes as the landlord won't want the hassle of having to defend their position.

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HOLA445
Yep thats pretty much the case, however actually getting the money back is another thing. They can only keep a portion of the deposit to cover the actual expense incurred.

What I would advise is when people move in is they note down, with pictures anything they think might come back to haunt them, bit late for that I know.

My Landlords live in Italy ( English folk )... they are very strange... Luckily I have a decent agent. I told him that I was making a DVD of all the little things wrong when we moved in and he said it was a great idea. Absolutely perfect because as and when we scratch/stain something I just add it to the film :lol:

A bit of a safeguard as I witnessed how they treated the last tenant.

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HOLA446
My Landlords live in Italy ( English folk )... they are very strange... Luckily I have a decent agent. I told him that I was making a DVD of all the little things wrong when we moved in and he said it was a great idea. Absolutely perfect because as and when we scratch/stain something I just add it to the film :lol:

:lol: excellent.

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HOLA447
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HOLA448

ok, how about this one...

i rented a place, but didnt take note of any problems...i mean it wa sin good condition, but not A1...sorta "lived in".

we are now thinking of moving out within the next two years, toying with the idea.

problem is, we have lived in this house (rented) for 9 years. So obviously there is wear and tear to areas....not abuse, just wear and tear.

can the landlord replace items using my deposit money or can i reasonably argue that the life of a (e.g.) carpet is 10 years and he should go whistle somewhere else?

as a side note, we get on fine with him, pay 100% on time all the time, and havent needed to phone him for anything ever. he has only ever once come to visit about 7 years ago, and has left us alone since then.

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HOLA449
Um - if it's digital the courts probably won't accept it as it's too easy to forge. Old real film of the datestamped variety WILL stand up.

Whilst digital photos are more susceptible to tampering than good old-fashioned film, that doesn't automatically render them inadmissible. In fact, digital images are tendered in evidence all the time in both criminal and civil proceedings. When there is a question as to the authenticity of the images on the photos, it is for the other side to raise arguments about the provencance of the images and the credibility of the person(s) who have had possession of them, and for the Court to then decide what weight (if any) can be attached to those photos.

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