Deposit deductions Question: The landlord wants to deduct money from the tenants deposit due to the tenants re-decorating some of the rooms in the house. The property has been rented out to numerous tenants over a nine year period without any redecoration or improvements works being done. The landlord claims that he will have to repaint the walls and replace the carpets. In addition to that, the landlord has commented on that a number of plants/shrubs are missing. How should we proceed as we believe that the landlord’s demands are a bit unfair? Answer: The tenants has an obligation to return the property in the same condition as it was when he let the property less fair wear and tear. They are not required to better the property for the benefit of the landlord. If the property has been rented for 9 years without any improvements or replacement then I think most adjudicators will suggest that that landlord should fund the majority of any replacement/redecoration as the ‘lifespan’ of the property has in most cases expired. For example; a carpet would normally have a life expectancy of about 5-8 years. If the carpets need replacing after 9 nines years in the property, it would be unfair to expect the tenants to foot the replacement as this is certainly the responsibility of the landlord.
Posted on: Mon, 29 Jul 2013 09:43:05 +0000
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