Dispute with ex-housemates over damage deposit

albreda

Hi

I hope you can help?

I entered into a rental contract on a house with a married couple in April 2009. We split the damage deposit of £695 -- 50% me and 50% them.

After a short time, I realised that I had made a mistake as, amongst other things, their house cleanliness was near non-existant.

As a result I made polite excuses (not wanting to hurt their feelings) and moved out - I paid my share of bills upto the end of June. So, I had not not been at the address (even to visit) since June 2009, though I had paid my rent up to the end of October. I verbally agreed with the married couple that they would take full responsibility for any damage deposit deductions that the agents made that related to damage/cleaning that occurred for the period post June. This was a reasonable approach we felt and I took photos of the house in great detail to ensure that the condition was just as when I had moved in.

I did this because I had seen the condition they left their last rented property in (for which the landlord also made deductions for cleaning).

I should point out that I have never lost any damage deposit and I’ve lived in several rented properties (I say this to give you an idea of the type of person I am). I have left every property in the best possible state, and sometimes better than when I moved in. I would be mortified to think that someone else had to clean up after me.

At the end of the tenancy (end of October 2009), the agents did an inspection and made a charge for cleaning. I contacted the married couple to confirm that they would stand by their word especially as the chrges were for cleaning and was told that they will not. They seem to believe they are being victimised and taken for a ride, which I struggle to understand. I find it hard to accept that they should consider the condition they left the house in acceptable for new tenants, nor can I appreciate that I should consider myself responsible for their poor hygiene.

I have asked for the agent's view on where I stand legally and they have said;

"We... must split the deposit minus deductions fairly between all parties unless otherwise instructed and agreed by all parties.

Unfortunately for you the TDS will only act to resolve disputes between the Landlord / Landlord's Agent and Tenant, not between tenants. If the {married couple} do not admit liability your option could be to file a County Court Claim against them which would cost you money in the first instance, there is no guarantee of your success and if a judgement is made in your favour there is no guarantee that they will pay you the money even then. "

Below is a breakdown of costs (quoted from the inspectors letter);

1. Cleaning & furniture
On the stair banister on the entrance hall was a half empty packet of biscuits.
The washing up was left to dry on the draining board in the kitchen.
The kitchen cupboards have crumbs and bits of food deposits.
The fridge / freezer was defrosted but not cleaned out, there were some bits of food in the water left in each drawer.
The oven and the hood were very greasy.
The Microwave oven was dirty and food stained.
The work tops were dirty and the floor was gritty and dirty.
The outside of the toilet pan in the cloakroom was dirty.
The stairs had not been vacuumed.
The vacuum cleaner was sprawled across the floor in the office on the first floor.
The lounge had not been vacuumed.
The bathroom suite especially the bath in the family bathroom was dirty and stained.
There were a lot of almost empty bottles of shampoo and cleaning fluids left in the vanity unit.
The toilet in the en-suite had not been flushed and was very stained.
The TV cabinet was upstairs in bedroom 2
The rocking chair was in the dining room
The curtains for bedroom 2 were dumped on the bed.
The curtains for bedroom 3 were in the airing cupboard.

2. Garden
The rear garden has a lot of weeds in it even allowing for the time of year. As you gave 2 months notice to move out you should have done some work out here to alleviate the situation. There will always be leaves in the garden at this time of year and we allow for that. I removed 3 bags of rubbish from the patio and placed them into the bin. I also moved the 2 chairs left behind to the side wall for Louise to collect along with the shoes I found in the garage. I removed the bits of plastic from the garage and put them in the bin. No charge for this or the fact that the garage had not been swept out because you mentioned it at the start of your tenancy.


3. Cooker cleaning
The cooker has been neglected and needs amore thorough clean hence the request for a professional clean. This is an estimate based on previous work completed but sometimes comes in at less.

4. Carpet cleaning
We allow for fair wear & tear based on the length of the tenancy and the number of tenants. However dirt is never an option on this. The carpet in the entrance hall has the dirt ground in. The dining room has a lot of small stains around the table. The first floor landing has some stains that are not fair wear & tear. The carpet in bedroom 2 is stained and needs cleaning

Conclusion.
We always like to be fair with our tenants and on reflection I believe we could halve both the cooker costs
and the gardening charge. He cleaning is already only a part cost of the expected final invoice.
The carpet cleaning has also been reduced to allow for the fact that there were 3 sharers in the property.
The painting you mentioned was noted on the inspection especially the scuff marks on the stairs but we
have allowed for that in fair wear & tear.
All the work we have proposed will be carried out and invoices supplied by the tradesmen. Should any of them be less than the estimate we would of course adjust the charge to you accordingly.

I therefore would like to propose a settlement figure of the following.

Relevant Clause

Item

Cost

9d) (ii)

General clean including appliances and replacing furniture in correct place.

£ 120.00

9d) (ii)

Garden clearing, part cost

£ 20.00

9d) (ii)

Professional cooker clean

£ 30.00

9d) (ii)

Carpet cleaning, Entrance hall, 1st floor landing, Dining room, Bedroom 2

£ 80.00

4 o) (iv) Admin costs

£ 47.00

Total costs

£ 297.00

Deposit return

£ 398.00

Could anyone advise on whether I would have a case in court or if it is just best to put it down to bad luck?

jassco

Personally I think you will need to put it down to bad luck and be glad that they didn't absolutely trash the place leaving you with a hefty bill. Hopefully for you, someone will come along and prove me wrong though

Jowo_2

Was there a signed inventory/schedule of condition in place at the outset of the tenancy?

albreda

Hi

Yes a signed inventory and schedule of condition - I have it at home (my new home).

I fear it may be a case of putting it down to bad luck, but I currently feel that I'd rather lose the lot to legal fees than them see any of what would be my money.

Jowo_2

I take it that their promise to be responsible for deductions was made verbally - i.e. you've no proof?

Then I guess your only option is to take them to the small claims court at additional expense and risk to yourself (you may not win or you might win the judgement but the couple will not pay up and you then have to pay even more to find them and enforce it). See the advice on the Moneyclaim online website (HM court small claims website).

albreda

Hi - yes foolishly I trusted them at their word.

Ok, I will look at the HM court's website - thanks :-)

wonderpupp

/you need to put it down to bad luck, and when you moved out, you should have let the landlord know you were moving out and the situation, ie the bills paid up, etc, and got your name OFF the lease as a liable party.

This happened to me and what's worse was my "friend" got the remainder of the deposit cheque paid to him. I left it (£400 odd should have been mine)
put it down to being young and foolish, and made damn sure this wouldn't happen again.
I know it's a lot of money, but at the end of the day, it's only money so don't lose sleep over it.
Your health is far more important.

Blacksheep1979

So in effect they've taken £148.50 from you? This will only cost £25 I believe to lodge the claim with the small claims court - worth a bash really if it's more the principal than the money.

Jowo_2

Blacksheep1979 wrote: »

So in effect they've taken £148.50 from you? This will only cost £25 I believe to lodge the claim with the small claims court - worth a bash really if it's more the principal than the money.

Don't know the charge but should the claimant be successful in the judgement, and the couple do not pay up, its my understanding that an unsatisfied CCJ will show up on their credit record for 6 years which will make renting a property and getting loans/credit very difficult.

Fire_Fox

You will need the married couple's correct postal address to lodge a small claims action, do you have this?

albreda

hi, yes I have that.