Letting Deposit Dispute Advice

SHELLIE1515

Hi there everyone, i need some advice xx

Just moved out of a house that i have been renting for just over 4 years. I have had monthly checks every three months and never had any problems. I have just moved out and now the Landlord is complaining. He says that he wants all the carpets cleaned and the walls repainted even though in my third year of renting the ceilings in the front room and dining room fell down creating dust and muck that spread through the house. I had to live like that for a month whilst the ceilings were fixed and he never offered any alternative accomodation.
The letting agents are saying that my inventory is useless as it only indicates OK for things like carpets and walls, woodwork etc (they say the guy who did it, who has left the company didnt give enough detail so they cant go by it) eve though i paid an administarion fee to ahve it done.
He says that the shed needs fixing (this is not on the inventory) as some of the felt blew away in the winds (We collected the shed and erected it for him as he was ill at the time) in our own time and at our own expense without even a thankyou.
They said the cooker needed cleaning, which we have since steam cleaned. and now hes holding onto our desposit for decorating and new carpets.
My deposit is with the DPS but is it worth the hassle and do the DPS always go with the Land Lord?

PLEASE HELP WITH ADVICE

Planner

SHELLIE1515 wrote: »

Hi there everyone, i need some advice xx

Just moved out of a house that i have been renting for just over 4 years. I have had monthly checks every three months and never had any problems. I have just moved out and now the Landlord is complaining. He says that he wants all the carpets cleaned and the walls repainted even though in my third year of renting the ceilings in the front room and dining room fell down creating dust and muck that spread through the house. I had to live like that for a month whilst the ceilings were fixed and he never offered any alternative accomodation.
The letting agents are saying that my inventory is useless as it only indicates OK for things like carpets and walls, woodwork etc (they say the guy who did it, who has left the company didnt give enough detail so they cant go by it) eve though i paid an administarion fee to ahve it done.
He says that the shed needs fixing (this is not on the inventory) as some of the felt blew away in the winds (We collected the shed and erected it for him as he was ill at the time) in our own time and at our own expense without even a thankyou.
They said the cooker needed cleaning, which we have since steam cleaned. and now hes holding onto our desposit for decorating and new carpets.
My deposit is with the DPS but is it worth the hassle and do the DPS always go with the Land Lord?

PLEASE HELP WITH ADVICE

No DPS do not always go with the landlord. You need to register your claim/dispute with them ASAP.

tbs624

Shellie - welcome as a newbie poster

Your LL can only ask you to return the property in the same condition as it was when let to you, "fair wear & tear" excepted. Any LL wanting to make deductions from a Ts deposit has to be able to justify them, and should do so in writing. - s/he can't make a unilateral decision and just hold on on to your money.

Your LL or LA should have given you "prescribed information" on the deposit scheme and, as Planner says, you need to get in touch straight away to tell them there is likely to be a dispute.

Start gathering together your tenancy agreement, a copy of the original inventory, your own notes, copies of any letters/emails etc.The fact that the inventory was not very descriptive will weaken the LLs case, rather than yours. On things like the shed, if you had notified the LL or LA of the problem at the time it is their responsibility to sort it out. Do keep additional copies of anything that you asked to send in.

The adjudication system is intended to be fair to both parties: the whole purpose of the legislation behind the tenancy deposit schemes was to ensure that LLs did not simply make a decision to retain a Ts funds.

Geenie

After living in the place for 4 years, it sounds totally unreasonable to me for the LL to expect you to paint the place ready for his next tenants!! They have to factor all of this in when letting, and no place is going to look the same after that amount of wear and tear, not a cooker or carpets.

Sounds like they are pulling a fast one, unless you have been particularly mucky.

Check this link on fair wear and tear, as it may give you an idea of how to respond to the demands from your LL and LA. http://www.homelettingservice.co.uk/wear/index.htm

Good luck.

goodqueendot

my daughter been in hers 6 years has always been very clean has made a point of cleaning (inc steam cleaning oven etc to a high industrial standard) and everything is beyond reproach but the LL's now want her to pay for complete redecoration of the flat even though all the walls need is a cleaning, what the heck is fair wear and tear and how do you fight these greedy people - who know full well she has little chance of raising the £800 which is what they say is half the cost (of painting the walls of a two bed flat!)? I do wish the govt would legislate what fair wear and tear actually is.