Return of deposit: Cleaning, repairs etc

SavingSomeCoin

Hello All,

I currently have a 6 month Assures Shorthold Tenancy Agreement. I have been living at my flat for a few years now. I get a new contract every 6 months. I am going back into the letting agency tomorrow to get a new one.

Just before I begin to make it clear the agency is my landlord. They own the biulding my flat is in.

Only last year I had read one of my contracts regarding the return of my deposit. It had indicated my deposit would be used to cover the last 5 weeks rent. I had learned about tenancy deposit protection schemes. I learned there were 3, from direct.gov website.

At the time I went in to renew. I explained I wanted my deposit put in a deposit protection scheme. He said that nobody really bothers with, so dont worry. I demanded that it be placed in one, very politely. Another person in his agency then said we will sue you.
I said to myself what a load of nonsense. He gave in and siad come back the next day and it would be sorted. The next day I came back and the deposit was indeed lodged with one of the protection schemes. I was provided with the bank transfer document and a few days later got an email from the protection service with all my details.

In my most recent contract the following term is included:
"A security deposit of £X has been taken to cover the cost of repairs, cleaning, redecoration or any outstanding charges caused during the tenancy. It will be held by The Deposit Protection Service"

At first glance you might think this ok as its held by the Deposit Protection Service. However they are clearly hinting that the deposit is for the purposes of covering repairs, cleaning, redecoration or any outstanding charges.

Now compare this to the original term from my first contract with them:

"A non interest bearing security deposit of £X has been paid the tenant that shall be returned at the end of the tenancy provided that all rent and rent and bills have been paid in full. All fixtures and furniture are left in the same good condition as at the start of tenancy. Deposit held in conjunction with an insurance backed scheme approved by legislation details available on request. "

Now the old one seems correct. A desposit according to the direct.gov website is for any damages incurred to the property. I have also read elsewhere that the property items should be left with reasonable wear and tear. For example a bed will obviously not be in the same condition as it was brand new.

I have had experiece in the past where a landlord took £70 off each tenant in the house for cleaning by an industrial cleaner. My room had been cleaned. I feel these guys will try and take the lot. I dont trust them. Nothing in my flat is damaged. Why should I have to pay for painting for a new tenant or new carpet out of my deposit.

Surely this comes under the Unfair terms Act in contract law. I will take photos and video evidence of everything before I leave. I will use the Arbitration service provided by the scheme first, but take it to the small claims court if unresolved. These guys are cowboys like most landlords unfortunately are.

What are your thoughts on this?

Thanks in advance,
SavingSomeCoin

G_M

Stop worrying.

It does not matter what the contract says.

The law is very clear on when a deposit can be witheld and what for.

Your deposit is protected in the DPS which has an arbitration process, so if the LL/agent tries to keep some of it you can raise a dispute. The LL/agent will have to then prove you owe rent, or have damaged the property while living there, or left it dirtier than when you moved in.

If they cannot prove this, you will get your deposit back.

By the way - do they charge you each time you renew your 6 month contract? If so, how much? And do you WANT security for 6 months or are you happy to have a periodic contract which means
a) they cannot charge you for renewing
b) you can leave any time if you give one months notice ( + a bit)
c) the LL can ask you to leave any time if they you give you two months notice ( + a bit)

BitterAndTwisted

Was there an inventory when you moved into the property?

theartfullodger

SavingSomeCoin wrote: »

"............... All fixtures and furniture are left in the same good condition as at the start of tenancy................. "

Well, that's obviously wrong - you're allowed "Fair wear 'n tear", and anyway implies everything is in good condition when it may well not be (eg might just be in fair condition..). They ain't gonna suggest that if you stay 12 years the (eg) originally new carpet will stil be in new condition are they??

SavingSomeCoin

G_M wrote: »

Stop worrying.
By the way - do they charge you each time you renew your 6 month contract? If so, how much? And do you WANT security for 6 months or are you happy to have a periodic contract which means
a) they cannot charge you for renewing
b) you can leave any time if you give one months notice ( + a bit)
c) the LL can ask you to leave any time if they you give you two months notice ( + a bit)

Hi,

G_M they don'y charge me each time I renew the contract, which is good. I just prefer to have a hard copy of the contract with new dates to keep everthing in check.

BitterAndTwisted, there was no inventory for the flat but it only had the usual white goods, bed wardrobe etc.

theartfullodger, you make a good point. How in hells name can it be returned in the same good condition as the start of the tenancy if I have been here a few years. Fair wear and tear is correct.

Well I got it renewed today. As you say G_M dont worry the law has strict guidelines on what the deposit is there for. They would need to justify attempting to take money away from me.

Good news is my rent has stayed the same. I'm pleased thought it would have gone up :0)

KittyLady

If the deposit is with the DPS you should have recieved a letter with a reference number on it. I'd be inclined to check with them directly if you haven't had that.