Landlord keeping whole of our deposit

mbaz

Hiya

We have recently moved out of a house that we were living in for three years. The landlord never redecorated during this time and, as instructed we washed all the walls before we left. There were a few scuff marks here and there we were unable to move and some marks on the (very light) cream carpet. My mum helped us clean the house and she thought we left it in very good condition with reasonable wear and tear as did we.

When the check0out report came back from the letting agent (we were not present) they picked up lots of little things such as "dusty light switch" and cobwebs and said high level of scuff marks.

The landlady has had a quote for redecorating the house and cleaning the carpets etc and it comes to £3000 which sounds ridiculously hight o me anyway for a small 3 bed house that we in pretty good nick and as a result is keeping the whole of our £850 deposit.

Do you think this is fair? Surely after 3 years she should be redecorating anyway and it is her choice to just get one quote for the work which seems very expensive to me. I'm more than happy to pay for the carpets to be cleaned but why should we pay for her whole house to be redecorated?! where do we go from here?

Thanks

mbaz

ps. I have videod the condition we left the house in...just dont know where to go to dispute it. Thanks

SquatNow

Fair wear and tear, Landlady doesn't have a case, send her a note recorded delivery demanding full deposit back within 14 days.

Then if they don't pay, send a notice before claim type letter, geving them another 14 days to pay, after that lodge a claim through the moneyclaim web site.

Also, was there an inventory done? If not, the LL has no claim what-so-ever against your deposit.

hjb123

did you keep renewing your contract - if so would you have renewed it since the tenancy deposit scheme thing came into effect last year?

mbaz

Hiya. No unfortunately we didnt renew so are not covered by that.

mbaz

ps. do you think it's reasonable that the landlady redecorates after 3 years?

tbs624

You mention a check out report - was there a similar one done when you moved in and were you given an inventory, to be signed by both you and the LL/LA?

Your LL has to justify any deposit deductions in writing, and it would need to have a clear breakdown not just for example, "dirty carpet, paintwork on walls scuffed throughout". One quote for the work is not enough.

S/he would also need to be able to prove condition at the start of your tenancy: you cannot be asked to return a property in any condition other than that in which it was originally provided to you, fair wear and tear excepted. F, W &T does not include dirt or large chips out of paintwork etc and if there were no cobwebs when you moved in then it's fair to expect that you would leave none behind.

Ring the Tenancy Relations Officer on the Private Sector Team at the local Council - their advice is free and where necessary they can liaise with the LL.

You'll need to follow set procedure of letter writing (keeping copies) if you want to challenge the LL, and be prepared to take her to the small claims court if necessary but get some advice locally - the CAB should also be able to help..

mbaz

Thanks for your help. I can see a solicitor for free through work so I may go and see him and also try the council.

I have signed inventorys and check-in and check-out reports. The frustrating thing I dont even think LL has seen the house herself. If she saw it she would see the whole thing does not need redecorating - just touching up here and there. There are no big chips - just the odd scuff mark and the house was very very clean there was obviously just the odd thing I'd missed like dusting the top of light switches!! They wont have been thick with dust though!

Should I try to deal direct with the LL (I have her address) or so I need to write to the Letting Agent as it is managed by them?

mbaz

tbs624 wrote: »

You'll need to follow set procedure of letter writing (keeping copies) if you want to challenge the LL, and be prepared to take her to the small claims court if necessary but get some advice locally - the CAB should also be able to help..

Is this procedure outlined somewhere?

prudryden

You can deal with both the LA and LL but the LL will have the final say as to how the case developes i.e. settlement or court. It will all come down to what paper work both of you may have available to prove your sides of the dispute. Why were you not present at the checkout? Were you given that option? If you were not offered the chance to be there, that is a point in your favour.

tbs624

mbaz wrote: »

... Should I try to deal direct with the LL (I have her address) or so I need to write to the Letting Agent as it is managed by them?

Ultimately the responsibility for repaying that deposit will rest with the LL -if the letter about the deposit came from the LA then you can reply to them but always send a copy to the LL as well.

Alternatively, you can write to the LL ( with a copy to the LA) saying that you disagree with the LA's comments and that you'd welcome the opportunity to meet her personally at the property to discuss it ( take someone else with you & don't agree anything during the visit but write afterwards confirming your understanding of anything the LL says). Be prepared for the LL to also invite the LA along.

If you don't keep both the LA/LL "in the loop" they may try to play you off. LAs frequently don't keep their client LLs up to date with what they are doing on their behalf.

Edit: sorry Pru your reponse wasn't there when I started