# Reasons for landlords not returning deposits



## mellaw (17 Nov 2009)

Hi, tenant has just moved out after renting newly decorated house for 9 months. One bedroom has to be repainted due to posters being removed from walls and taking the paint with them. Will have to pay a cleaner to clean the house. Its not in a terrible state but could certainly not be let as it is. What is standard fair practice? Do not want to be a mean landlord as tenant moved out as she could not afford the rent, even though it was dropped to what she requested. she works one day per week and I was thinking of giving her the option of painting the room and cleaning the house herself. Any advice on what is the decent thing to do would be greatly appreciated.


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## hunter09 (17 Nov 2009)

Would think cleaning and repainting would be considered normal wear and tear of letting a property so I doubt you can realistically deduct this from the deposit - it doesn't seem reasonable to me. To my understanding deposit is there for damage etc but not wear and tear.


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## sam h (17 Nov 2009)

You would definately have to cover the cleaning yourself - no matter how clean I've found tenants, they have never left a property in a condition I would consider fit to let (ie - eat your dinner off any available surface......I think it is the least you can provide to a new tenant).

Paint off the wall is different & it wouldn't be normal to repaint after just 9 months.  But if you still have some of the paint, you'll cover up the damage in jig time (you probably won't have to edge - just use a small brush for the affected bits & then use a roller over the bulk of the wall - it will look like new).

Sometime the hassle & stress of trying to chase these things up aren't worth it, even if you are in the right.  You could try being very clear about what is allowed on the walls (blue tack is normally ok with paint) and if you do want to be able to recoup of this type of damage, you should have a note in your contract saying nothing to be added onto the walls - I have this but it is more to prevent people from drilling into the walls, tiles & doors.


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## mellaw (18 Nov 2009)

Thanks guys, I appreciate your comments


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## anntionette (28 Jan 2010)

This is a bit late of a reply but someone else may find it helpful. As regards cleaning expenses taken from deposit. I make it clear to tenants on signing of lease that the property must be returned in the same condition they recieved it. ie the cooker, oven,fridge, bathroom etc are spotless. I expect wear and tear to be paint work wear and floorboard wear faded curtians and sagging sofas from useage etc NOT dirty n unwashed floors dusty surfaces ... OR their deposit will be used for the cleaning expenses. I always inspect a few days before giving them an opportunity to clean anything that isnt up to standard. Cleaning is NOT wear and tear and I have successfully on several occasions taken the cost from the deposit with the blessing of Theashold and Citizens advice or whoever calls me after the tenant complains. And RAS have paid considerable costs of cleaning when I presented them with photos after my house was left like a pig sty. Dirty and damaged. They paid both damages and the cleaning bill. When you hire a car and return it covered in dog hairs or dirty you are charged cleaning costs. Why should it be any different when you let someone your property.


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## z104 (29 Jan 2010)

You can offset your tax liability with these expenses


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## jack2009 (29 Jan 2010)

Niallers said:


> You can offset your tax liability with these expenses


 
Your point?


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## hades (10 Feb 2010)

Niallers said:


> You can offset your tax liability with these expenses


 
Your point +1 ?


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## Caveat (10 Feb 2010)

It's the 'not returning deposit' suggestion of absolutism that I find worrying.

If there are costs incurred (and for the record I agree that this seems to be standard wear and tear by the sounds of it anyway) then these costs should be deducted and these costs alone - you can't simply withold the entire deposit as the thread title suggests.


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## shesells (10 Feb 2010)

Depends on the tenant!! We've had massive holes in walls, carpet rippped up, window cracked...not to mention the state of the place and the dump they'd turned our rear garden into. Deposit didn't even come close!


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## Caveat (11 Feb 2010)

In those cases of course, yes.  But not in the OP's by the sounds of it.

Unfortunately, possibly due to the bad old days of landlordism in the 80s and early 90s,  some tenants are still highly cynical and really don't give a damn.

I myself have had deposits withheld for absolutely no reason on 3 occasions.


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