Deductions from deposit, when is this ok?

[seneed]

Our tenants moved out a couple weeks early and we have only just been advised by the estate agents that we could go in and view the property, as we have new tenants moving in almost immediately.

They have done quite a bit of damage, most of which can be easily fixed. However, they have spot painted the walls everywhere to cover whatever they have done and it's a different colour to the original paint! The walls are beige and now there are white spots everywhere.

It looks ridiculous and we can't rent it out again looking like this. Is this a situation where you could withold money from their deposit to cover the costs of repainting? We wouldn't of had to do this probably if they had not done this or at least it could have possibly been cleaned or at least touched up with the right colour paint. Not to mention that this is somewhat a luxury flat so when people move in it is spotless and a new tenant would be expecting the same!

[Mortitia]

Hi Seneed,

Yes, I would say you are entitled to withhold deposit money over this if it is beyond wear and tear. To cover youself take photos or video (with date stamp) of the damaged walls then re-paint or get professionals in. I usually take £30 per wall off a deposit.

No doubt the tenants will argue that they repaired the damage by patch painting albeit in a different colour but you don't have to accept their shoddy repairs as they took the property on with walls all the same colour and you should have proof of that in your origianl inventory.

Mortitia

[J4L]

This is your agents responsibility and they should be advising you accordingly.

Mortitia is correct however, insomuch as any works that are required need doing before the new tenant moves in so get a quote from a professional and get the job done. agreed also that photos should definitely be taken but remember, if they don't have photos of when they did the initial agreement then it's going to be difficult to prove it wasn't like that when they moved in.

Like I said, the agent should know these things and if you are employing them via a management service then they shouldn't be worrying you over this just getting the job done.