Deposit dispute...HELP!!!

Redeyes

Hello...I am so glad that I have found this board. I hope that someone can give some direction or advice and if not just a sympathetic nod. I have vacated a lovelly property about 7 weeks ago. I had the place professionally cleaned. I lived there with children for nearly 3 years. The LL visited the property prior to me leaving and gave no indication that he was specifically unhappy about anything just"get the property back to original condition". Ok. Well, I thought I did this. I had to leave some items in the garden as they were completely frozen to the ground but otherwise it was in good condition as was the house. No the LL has said that no deposit is to be returned and that he is has accumulated over 3K worth of fix it costs. The photos he sent to not reflect the condition that I left the place in and I think he has moved furniture and pulled things out of the walls just to make his "point". He is demanding that I tell him who cleaned the house (so I can ask for my money back!) and that he has been charged £1500 to repaint the property (didn't need it!--some marks on walls but nothing beyond fair ware and tear from a family). I have gone through DPS and will have to go through the resolution team. I guess I am asking for advice and experiences with this process so that I am prepared. Also, is it right to be charged the cost of a whole house repaint and full replacement of radiator covers (small chip in paint due to no ventilation in the bathroom caused paint to buckle). Anyone?

G_M

Was there a check-in inventory that you signed when you moved in? This is the landlord's 'base condition' ie the condition at the start - this is the condition in which you have to leave the property (less wear and tear)?

Without this, the LL has a very slim chance of claiming anything, since he can't prove you left the property in a worse condition.

Did you take photos showing the condition when you left? If so (or if you have an independant witness), use this in the dispute process.

Have you got a receipt for the cleaning? This will strngthen your case further. As would a letter from the cleaning company if they are illing to describe the state of the property they cleaned.

Has the LL oroduced receipts/quotations for the work he thinks needs doing/has had done? Without this, he can't claim the costs.

And no, the LL can not claim 'betterment' ie getting the tenant to make the property better than before. If there is a chip to a radiator, yes this is damage, but repainting ALL the rads would be 'betterment', as would re-painting the whole house.

The LL is taking the p*ss and getting you to re-vamp the whole house by the sound of it.

Appeal.

Meatballs

If paint peeled because of moisture in a wet area thats not your fault...

Personally I think it's unreasonable to repaint a whole wall for a few slight slight blemishes. At most you should contribute a proportion of the costs of repainting, but some LLs seem to think that tenants should subsidise a fresh repaint of the property because there is 1 mark on the wall.

Have you got your own photos of the condition when you left?

Did you sign an inventory at the start of the tenancy?

Offer to pay for what you acknowledge you caused, but at a fair price that you have researched yourself. If you goto dispute evidence as much as you can, describe the work you did before leaving, include the receipts for the cleaning contractor.

sunnysea83

I work in this line of work and your story sounds so familiar - so many LL try to do this when a tenancy ends, a tenant should always take pictures when they leave the property.

Sorry your having a difficult time

Redeyes

Thanks. We had an inventory but is was basic. We made comments suggesting that the place was not is fantastic condition at the time of rental --ie marks on walls, food stuffs etc.The LL never signed it, return it or made mention of it. He also never gave me a copy of the check out inventory--he just emailed something today (7 weeks later) and has not been witnessed (there was LA there acting on his behalf) and therefore we signed nothing about the condition at check out. We have photos that are dated. The LL has sent photos but they are not dated--but i see from the DPS site that he just needs to make a statement about the date they were taken???. He claims that the LA are still working on their summary (7 weeks?--the property has been let now for more than 3 of these...). We dispute most of it. But,even the stuff we agree to we have not agreed to formally as the evidence is very shaky (no receipts forwarded and quotes seem way out!). I mean you'd think we had made it into a crack den by his description. He's taken pictures of the toilet being dirty (NOT US!!!!!) and just...OMG....I cannot even unravel was could be legit as there is just so much rubbish! I am shocked!

What should I be prepared for with the DPS?

G_M

If you want advice try answering the questions!

* Was there a signed check-IN inventory?
* Do you have receipt from the cleaning company?
* Will they write a supporting letter?
* Do you have photos fro when you left (Ah, I see that one is 'Yes')
* Do you have a witness ?
* Has the LL provided receipts for the deductions?

Just simple 'yes'/'no' will do.

Redeyes

...ok...thought I did...

Was there a signed check-IN inventory? by us not LL (see line 1-3)
* Do you have receipt from the cleaning company? (yes)
* Will they write a supporting letter? (probably--not pursued it yet)
* Do you have photos fro when you left (Ah, I see that one is 'Yes')
* Do you have a witness ? Like who? The LA...again that was answered...YES.
* Has the LL provided receipts for the deductions? also answered...No.

G_M

So the LL has a check-in inventory signed by you. How does it describe the property? Will this give him a useful comparison for any damage/deterioration he claims? If so, you appeal becomes weaker.

The more supporting evidence you can gather eg from the cleaning company or an independant witness (no, the LA works for the LL so not really independant) the better. Start getting this together.

Without receipts the LL will struggle to prove his case.

Redeyes

Thank you for that. The inventory is basically a check list with some undetailed photos (basically of the rooms without a zoom). I think it was to show furniture rather thank condition as deatil is pretty poor (for example...he is arguing that we stained a fireplace...we deny this and it is true we did not, and the photos do not show the fireplace in any detail for example. He is also arguing mold on the bathroom...again his photos are not in enough detail to show either way...do you see what I mean? All new photos are with zoom. On the inventory that we signed we made noted about marks, dirt etc...the LL never singed it and we have an email from the LA that said they cannot and will not varify it as it was submitted not on the day we moved in. I am not sure who has a stronger case. This LL is a liar and a cheat...he has lied to us a numerous occasions namely saying that he did not have to protect our deposit in the first place and put in in his bank account. He protected it 2 years after we moved in (breach of contract I think). Anyways, I digress. I am just trying to demonstrate that the man is not known for his integrity and would not be beyond trying to screw us...nence why I am trying to acertain about the inventory. Thanks and I will contact the cleaners.

Redeyes

He describes the property as "immaculate"--we wrote notes saying it was not in that condition. He never agreed to this we think hence he has never, ever acknowledged it.

G_M

You have several times said

We made comments suggesting that the place was not is fantastic condition ...

we wrote notes saying it was not in that condition...

Were these comments/notes ON the inventory?

If he relies on the inventory you signed to support his claims for damage etc, your comments will be noted. Whether he signed it is irrelevant. YOU signed it so YOU agreed to whatever it said (about what items were present and in what condition).

If the inventory/photos do not describe the original condition then he will not be able to use it to prove damage/deterioration

If he chooses NOT to rely on the inventory, then similarly he cannot prove the condition at the start, so cannot prove damage/deterioration.