Deposit Deductions - grrr!

lenny_toucan

Hi everyone!

So last week I moved out of my flat, and I received my inventory form today detailing ALL of the things that we will be charged for them to rectify. Thing is they have been unnecessarily picky - I left the placeiin much better condition than I found it. I want to dispute but have a feeling it will be very tricky..

Firstly, a bit of important background: I moved in 6 months ago and signed a joint contract with my flatmate (let's call her T1). She lived there for a year before with another girl (let's call her T2). There was only a day or two between her moving out and me moving in and as this was back in december when we had all the snow, the inventory people were unable to come out for the check until 5 days after I had moved in. They also came unnanounced (another grumble for another day) so had to conduct the inspection around my mess, furniture and clutter which naturally occurs when you've just moved. The inventory check was done on all communal rooms (lounge, dining room, kitchen, hallway) plus my bedroom and en-suite. A few comments were made about sploashes on walls and stains on carpets. A few were added by myself as they had gone unnoticed by inspection. Now, T2 did have above areas proffesionally carpet cleaned, but they never asked her for evidence, and the stains she had made were still there anyway. However, T2 got all her deposit back.

Now, 6 months later, we decided not to pay for cleaners and just do a good job ourselves. Our contract said that proffesionally cleaning was only reccomended, not required. A couple of extra, feint stains had appeared in our time, which we will happily accept were all our responsibility. However, there were stains in the family bathroom from a leak the flat upstairs had before I had moved in. Our agency were well aware of this problem as they re-painted the ceiling for us, and T2 had sent many emails about the marks.

Our inventory has listed a million things that we didn't do that we were supposedly responsible for.

Ultimately we have three categories of 'dirt' that they want cleaning:

1 - non existant dirt and stains (e.g. the dust they think was on the skirting boards, plug sockets and windowsils, but wasn't because I payed particularly attention to them, knowing they are places often missed by tennant but picked up on by inspections, so I did them thoroughly the day before inspection)
2 - dirt and stains that accumulated during my 6mo tennancy with T1
3 - dirt and stains that accumulated during T1 and T2's 1yr long tennancy that were not cleaned/rectified upon the commencement of my tennancy.

Now, I don't mind paying my share for category 2 dirt, but I object to pay for cat. 1 or 3. But, my letter from my agency says that if I want to raise a dispute I must put in writing how much I wish to dispute, and a third party will deal with it. Now, we haven't been given a quote for the work yet, but even if we had it's not like cleaning services charge per item of dirt! How am I meant to quantify my fair share?!

Can anyone help me?! I can't afford to lose too much from my deposit!

G_M

I left the placeiin much better condition than I found it.

If this is true you should get your deposit back. However it comes down to evidence.

The landlord has to prove that the place is dirtier, or itms are missing. He does this by comparing the check-in inventory which you signed (if you didn't sign it can't be used) with the check-out inventory.

He may (should) also have quotes/receipts from cleaning companies detailing a) the cost to be deducted and b) describing the work they had to do.

You can contest his claims via the deposit scheme's arbitration process. Ideally you will have photos of when you moved in (dirty!) and when you moved out (clean!) and/or witnesses. You also attach the emails proving damage caused by upstairs etc. If you acknowledge some of the claims, it helps to have a quote from a cleaner/cleaning company for, say, the kitchen which you agree to but not the rest.

At the end of the day, it comes down to who has the most convincing evidence and who the arbitrators believe.

Our inventory has listed a million things that we didn't do that we were supposedly responsible for.

Do you mean your check-IN inventory? If there are items on it you do not agree with, it is too late to contest now - you should have done so at the time.
If you mean the check-OUT inventory, then you need to rebuff each item you contest and say why (eg by reference to the check-IN inventory).

lenny_toucan

Thank you, very useful

However I still have a few queeries.

The landlord has to prove that the place is dirtier, or itms are missing. He does this by comparing the check-in inventory which you signed (if you didn't sign it can't be used) with the check-out inventory.

The check in inventory has photos which show the flat in a messier state. However, I had been living there for 5 days at the time, so my furniture and belongings were in, and tbh it was pretty messy (clothes on the floor etc as I was in middle of unpacking and not expecting the visit). The inventory company did not move any of my stuff (as I'm sure they're not allowed to do). Surely the Agency will just say that of course it was messier when the check-in inv. was done - because I made the mess!

If you acknowledge some of the claims, it helps to have a quote from a cleaner/cleaning company for, say, the kitchen which you agree to but not the rest.

Unfortunately it's not as easy as there. The lounge for example has about 4 stains - 2 I acknowledge as having apppeared within my tennancy, but the other two were there before I moved in (presumably when T1 and T2 were there), so it's not like I can refuse to pay for that room. They might also argue that the whole carpet would have to be cleaned, whether it was 1, 2 or 10 stains, so whther some of them were there before is irrelevant. However, my counter-arguement would be that not only was I expected to live in a house that had stains (when they obviously afford any new tennants more respect), but also, had it just been our two small stains would they still deem the carpet dirty enough to warrant a full clean? My friend told me one of his old landlords had a 2 stain policy: 2 stains or fewer per year was regarded as normal wear and tear and no costs would be deducted. Any more and they would be charged for the cleaning. But that was a private LL - I have no idea whether my Agency operate on a similar policy.

G_M

If there is a check-in inventory signed by both parties, THAT IS THE BASELINE against which the property is compared at check out. That's what it is for!

Were the stains that you claim were there when you moved in noted/photographed on the inventory? If the inventory descibes the carpet as 'clean' or similar, with no mention of stains, you will be repsonsible. THE CHECK-IN INVENTORY IS THE BASELINE.

If you want to accept responsibility for, say, 2 stains, then make a judgement - could the stains be removed with stain remover or would a professional carpet cleaner be needed? Get a cost for whichever you think is reasonable and agree to that amount being deducted. Of course, the LL might disagree, and produce a receipt for professional carpet cleaning, and if you have admitted to the 2 stains, the arbitrator is likely to award the LL that cost.