LL trying to take deposit to redecorate....

feater

I was flooded last year and had to move to rented accomodation from August to June this year which my insurance paid for.

My problem now is that the LL is trying to retain nearly 1200 from the deposit for the following

Redecoration (she claims not wear and tear even though nothing was noted on the check out inventory to warrent this and there is no damage to the walls)
Hoover (which I never used as when I switched it on the day I moved in produced woodlice and more dirt than it was supposed to suck up, I informed the LL of this last year from my old work email and didn't keep a copy....and she ignored the mail)
Smoke detector (wasn't checked and kept going off so just needs to be reattached to ceiling)
Cleaning of the flat and maintenance of the garden...

I thought that the LL was trying it on as she must have presumed my insurers would be paying for all of this. I wrote to them to let them know my thoughts as above and they promptly wrote back saying it wasn't down to them and they were stoping the money from my builders final payment..

I have offered the LL 240 for the cleaning (even though the Agents commented on how clean the flat was!!!!) but said the rest would be disputed as I just can't afford to have someone else's home redecorated and do not see why I should pay for this.

After reading on here I asked the EA for a copy of the old inventory which I believe I should have recieved and signed... The Estate Agents don't have a copy and have no proof of receipt and have said that they didn't need to ...

Any advice would be appreciated as even though this is held under a deposit scheme the EA's seem to be telling me that I didn't need to sign the initial inventory.. is this correct?

sooz

Yes, you did need to see and sign the incoming inventory.

Which scheme was you deposit held in? Who is actually holding your deposit - the agents, the LL or the DPS custodial scheme? Can you use the scheme's dispute service to start with?

Don't offer anything - with no proof at the start, it will be very hard for them to argue that you caused any of the problems they mention.

jaype

email the landlord saying you dispute this and unless you receive the full deposit within 14 days then you will be starting proceedings through the small claims court at which point she will be required to prove that the damage occurred (see past threads). Take photos of the clean flat unless you have already done so, if possible. If t gets to court the landlord will also have to provide receipts for the repair of what they say is wrong - ask for these in advance (may make them think...)

feater

Hi

Thanks for your replies. The deposit is held by the Agents as far as I know but is protected under the Tenents Deposit Scheme.. I'm not sure if there is only one...