There are many variables in these cases. Hard to pre-judge without knowing more details. If the children of the tenant have ripped the wallpaper then that is not classified as fair wear & tear. If the carpet has been stained that too is not fair wear & tear. Accurate inspection records at the start of the tenancy are vital in these situations to record exactly how things were at the beginning .
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Originally posted by mrsaneperson View PostThere are many variables in these cases. Hard to pre-judge without knowing more details. If the children of the tenant have ripped the wallpaper then that is not classified as fair wear & tear. If the carpet has been stained that too is not fair wear & tear. Accurate inspection records at the start of the tenancy are vital in these situations to record exactly how things were at the beginning .
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Originally posted by artemis View PostToo true, but in the TT the landlord would have to demonstrate that the tenant caused these issues. Which will be difficult, if not impossible, if the initial inspection was incomplete or not done. We don't know the situation in this case, though.
My question now, is it illegal for the landlord not to send the deposit to the DHB. I want to make use of this point in case he does not return my deposit.Last edited by ammar; 16-04-2014, 01:35 AM.
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Originally posted by ammar View PostMy question now, is it illegal for the landlord not to send the deposit to the DHB.
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Somewhat covered by the RTA:
2 (a) The tenant shall not intentionally or carelessly damage, or permit any other
person to damage, the premises
(4) Where any damage (other than fair wear and tear) to the premises is proved
to have occurred during any tenancy to which this Act applies, it shall be for the
tenant to prove that the damage did not occur in circumstances constituting
a breach of subsection (2)(a).
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