Tenants: What Costs Are You Responsible for at the End of a Tenancy?

Simon Levy • 9 August 2018
Checking a diary

With more people than ever renting rather than owning their own home, the UK is becoming a nation of tenants and landlords, and while most people who rent do so without issue, there will always be disputes. Many of these arise at the end of the tenancy, when the letting agent or landlord inspects a property to see if it’s in the same condition it was left in. If repairs need to be done, then this usually comes out of the tenant’s deposit, but it’s not always that simple. Some of the more dishonest landlords may try to sneak in charges for damage that wasn’t your fault, and at this point you may need the services of dilapidation surveyors who can advise on whether these deductions are accurate or fair.

Fair wear and tear

A phase you’ll often hear when trying to get your deposit back is ‘fair wear and tear’. No landlord can reasonably expect you to live in a property for years and leave it in exactly the same condition. It can be difficult to assess fair wear and tear, but it can include:

·Worn carpets – if they’ve been worn naturally, for example by walking on them

·Faded curtains

·Small scratches or scrapes on the wall

·Small chips on areas such as kitchen counters

Wear and tear doesn’t have a legal definition, which can be tricky as it’s hard to know exactly what has been caused by negligence or damage and what has been caused by normal use. Surveyors can be brought in to assess properties and help solve these disputes, helping both sides reach a fair compromise.

Betterment

What landlords need to appreciate is that a deposit is there to cover things like damage, whether deliberate or accidental, and that these funds can’t be used for the betterment of the property. So, as an example, if a tenant were to spill something on the carpet, the landlord can charge them the cost of spill removal, or a reasonable amount based on the age of the carpet, but they can’t expect to take the entire cost from a deposit.

What do I do if my landlord is making unfair charges?

Many tenants often assume that the law will be on their landlord’s side and may simply choose to let them deduct costs for repairs from their deposit. However, if you are being treated unfairly, it’s worth getting advice from professional dilapidation surveyors, who can help you negotiate a fairer cost with your landlord. This could potentially save you a lot of money and helps you get a fair outcome. Those who rent often feel that they have been ripped off or don’t have much in the way of legal protection, so it’s important to know your rights when you leave a property.

If you need advice from an experienced dilapidation surveyor, get in touch with Simon Levy on 020 8207 6100 or send us an e-mail at info@simonlevy.net to find out more.

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