Tenancy end problems - please advise?

Xsante

Hi everyone
My partner and I were renting privately from a landlord through an estate agent. We gave the required notice and moved out on Sat, leaving the place clean and tidy. When we were moving out, the landlord popped up in our garden (he often would appear outside, when he wanted to do stuff) and also told us he'd been in the house using his own key during the week (without any notification to us).
The estate agent said she couldn't come out and do the leaving check on Sat when we moved out because she was busy. She did it today, but to my disappointment phoned me to tell me they wouldn't be returning the deposit as we hadn't changed the filter paper (?) over the cooker. It wasn't clean when we moved in, either, and I had to request that they clean the oven as it was so disgusting from the previous tenants.
What can we do? I have never heard the word 'filter' mentioned before, and at every 6 month inspection, the same agent was always glowing with praise for how clean and tidy the place was.
Please advise - I'm stupidly upset by this.

Fire_Fox

Welcome to MSE! Well worth running a search as deposit queries come up constantly.

Is your deposit lodged in one of the three schemes? Was there a dual signed inventory taken at the start of the tenancy detailing the condition of the property as well as it's contents? Were you given the opportunity to attend the checkout? Did you report the poor condition of the oven to the letting agents in writing?

Xsante

Hi Firefox - thanks for the welcome.
I can't remember where the deposit is lodged - the estate agent shouted something about 'arbitration' at me?
There was an inventory, and the oven filter papers weren't mentioned (nor any instructions on how to change them - tbh, I didn't know you could!).
Our tenancy finished on Sat - the estate agent said she was 'too busy' then to do the check out, and didn't tell me when it would be done (I couldn't get time off work at no notice, anyway).
We didn't report the oven state in writing - we've had good relations with the agents and landlords so I'm really shocked that they're keeping nearly £700 for filter paper...
I'm kind of upset that the landlord was in snooping about too...

Fire_Fox

Try not to panic and stop dealing with the letting agency verbally, only communicate in writing from now on and do not admit to anything. If they ring you calmly insist on everything being detailed in writing. You need to contact all three of the tenancy deposit schemes (TDS, MyDeposit, Deposit Protection Service) tomorrow and find out where your deposit is lodged.

The landlord/ letting agent cannot withhold £700 for a filter, only the amount it costs and the time it takes a handyman to replace. Even then if you dispute this they need to prove that you have caused the 'damage' - you have two routes of argument one is that there is no evidence that the filter was new at the start of the tenancy (inventory) two is that you could argue that it's fair wear and tear. I am not the expert on which route to take but there will be others along soon who can advise better.

As regards the landlord visiting without your consent ..

"The tenant has the right to quiet enjoyment of the property for the duration of the tenancy along with the legal right to live in property as if it was their own home. This means that they have the right to a peaceful existence without undue disturbance. Harassment is a criminal offence under the Protection from Eviction Act 1977 and may result in the landlord being fined, or even imprisoned in extreme cases. Harassment can take the form of:

• Entering the property without permission.
• Changing the locks without giving the tenant warning or new keys.
• Cutting off utilities such as gas water and electricity.
• Tampering with mail or possessions.
• Verbal or physical abuse or threats.
• Enter the tenant's home whilst the they are out."

http://www.themovechannel.com/guides...tenant_rights/

omen666

Was the filter mentioned on the original inventory?

Xsante

Thanks Fire Fox - that's really helpful.
And Omen666 - the filter has never been mentioned in 3 years...either in the original inventory or now...
When I asked if we could have the cooker cleaned when we first moved in, the landlord was too tight to pay for the hob (black with dirt) or the filter, but paid a professional company to do the oven only.
As far as I can gather, they are not saying the oven or hob are not clean - only that we haven't cleaned the filter inside, or replaced the 'paper'.
It's so depressing when you try to be decent tenants, and look after the property so carefully. We didn't even moan when the boiler blew up, and took 8 days to replace (so no heat/water for that time).
I hate renting . I half wish I'd just trashed the place and left it like a tip.

Fire_Fox

That's great that the oven was cleaned professionally shortly after your took occupation as there will be a record somewhere of this being carried out. Use this to your advantage, this is evidence that all was not spic and span when you took occupation. You didn't respond in full to my earlier question "was there a dual signed inventory taken at the start of the tenancy detailing the condition of the property as well as it's contents?"

Xsante

Sorry, FF, I should have said that yes, there was a dual signed inventory, which included the condition of the property (unfurnished) but the filter didn't even warrant a mention, let alone the paper. In fact, I don't think the oven gets a mention either.

Fire_Fox

Bit of a rubbish inventory then, excellent! You have a good case for arbitration.