Former landlord being difficult

furrypolka

Hi all, hope you can help.

I recently moved out of a flat where I had lived for 2 years. The flat was a bit of a nightmare (in that the boiler broke down and we were without proper hot water for six months as they were so slow getting it sorted, the electrics were terrible and the bulbs continually blew, there were a couple of design faults such as no window in the en suite and no openable window in the bedroom - patio doors). The landlord was also awkward and made us feel like we were treading on eggshells the whole time - constantly sending emails instructing us on small things like how to load the washing machine or clean the hob. I have now lived independently for many years and have never had any trouble before!

We kept hamsters but they live in tank cages and they were only ever in the spare room, we did not use the running balls or give them access to the floors in the house at all, when we would get them out they would sit on the sofa with us and that is all. After we moved in (the agency knew about the hamsters) the landlord requested that we clean the carpets in the room the hamsters were kept in, which we agreed to, not a problem.

While we were there we requested that we replaced the carpet in the bathrooms with vinyl because the carpets were mouldy and stained badly. We informed the agents that we would fit vinyl to match that in the kitchen. The agents informed us that this was fine and we had this professionally fitted, although since then admittedly my husband has hoovered on the wrong setting in the bathroom and it is slightly lifting in the centre, so we would be happy to pay to get just the bathroom refitted (this has been quoted at £65).

We moved out on 8th June and have received a letter today stating that the landlord wants to keep nearly £700 of our deposit.

First of all he claims that we have cracked the pan of the toilet. We have not done so, and the toilet worked perfectly throughout our tenancy. The initial checkout report did not mention the toilet, but another one was sent to us a week later claiming that there was a crack in the pan, photographed a week after we had moved out, and yes there was a crack in the photograph (which I do not remember seeing and certainly didn't cause myself) but it was small. He wants £300 for a new toilet pan, which even if we had caused the damage I feel is excessive.

Then £200 for replacement of all the vinyl, which again is excessive, as I said I will happily pay for the bathroom to be done as it is lifting but the en suite is in perfect condition and much better than what was there before (mouldy stained beige generic carpet). I asked the people who quoted for the bathroom to quote for both just on the off chance that this would happen (as I said before, don't trust the landlord at all) and his quote was £111. That's for all new vinyl, better than what was there when we moved in.

He has then tried to charge me £170 for cleaning as he claims there is a "smell" on the carpets throughout the flat. I have already paid for the carpet in the animal room to be cleaned as promised, and also had the cooker cleaned while they were at it. I have given the agents a copy of the receipt for this service. The carpets were very clean on leaving and there was absolutely no discernible smell, all borne out by the checkout report. Note that it is clear from the ingoing inventory that the flat had not been professionally cleaned prior to us moving in - this states that the flat was grubby and dusty.

Finally £20 for replacement bulbs, even though this is something I reported over and over again to the agents and was fobbed off as it not being a problem, even though we spent over £60 on bulbs just for the lounge in the first 14 months of the tenancy before giving up and buying floor lamps.

I am really cross as we put in hours of effort in that flat before we left, we washed and painted all the walls so they were in better condition than when we moved in, scrubbed everywhere, put in loads of effort to be good tenants, and now this is the letter I get.

I am obviously disputing all deductions but what do you think my chances will be?

I have never once had a penny taken from any deposits in the past, take great care over my home and someone else's property, and was a good and quiet tenant who always paid on time and never caused trouble - even when left without hot water for 6 months! I am really upset about this (especially the accusation of a smell!) but not surprised given that the landlord is one of the reasons we moved.

Hump

When did we get to the stage where tenants feel they must put the property back to exactly the same condition as it was let to them. A sensible landlord would factor 'wear and tear' and 'depreciation' into his/ her rental. Deliberate (or accidental damage not covered by insurance) - fair enough - out of the deposit. But redecoration, deep cleaning, replacing sanitary ware, light bulbs - utter, utter major league madness.

Adef_2

Was your tenancy an AST? If so, your landlord should have protected your deposit. You could ultimately raise a dispute with the relevant deposit scheme if you disagree with the amount he is proposing to withhold and you're getting nowhere negotiating with him directly.

G_M

Hump wrote: »

When did we get to the stage where tenants feel they must put the property back to exactly the same condition as it was let to them. A sensible landlord would factor 'wear and tear' and 'depreciation' into his/ her rental. Deliberate (or accidental damage not covered by insurance) - fair enough - out of the deposit. But redecoration, deep cleaning, replacing sanitary ware, light bulbs - utter, utter major league madness.

Who is 'we'?

It has always been the case that tenants must return a property in the same condition as they found it less wear and tear.

'Wear and tear' has no strict definition. Ideally it is agreed by mutual common sense. Failing that the courts (and since the advent of deposit schemes, the arbitration service) decide, based on a combination of precedence and common sense.

G_M

Note that it is clear from the ingoing inventory that the flat had not been professionally cleaned prior to us moving in - this states that the flat was grubby and dusty.

Then this is how you can leave it.

The carpets were very clean on leaving and there was absolutely no discernible smell, all borne out by the checkout report.

Clearly you compare the 2 reports (at check-in and check out) and only pay for differences.

Lightbulbs are consumables and are your responsibility to replace.

furrypolka

I think it will have to go to arbitration. I am not backing down on the cleaning, we left the place cleaner than it was when we moved in (it was grubby then, all in the inventory) and there was no smell at all, I am quite offended that he has said this but not surprised. He has had the whole place deep cleaned because of "animal smell" but our hamsters only live in one room and never had free range of the flat/touched the carpets. And they are in an enclosed home and do not smell! How do you prove that it doesn't smell? There is no mention of smell on the checkout at all.

The toilet I am a bit confused by, I have no idea how it came to be cracked, I accept it may have happened during our tenancy though I never noticed it, but I am also a bit wary that it was sent as an addendum to the checkout report a week after we vacated. Maybe my suspicious mind! But anyway, let's say we accept that the crack in the pan (separate to the cistern) did appear during our time there, isn't £300 rather excessive for just changing the pan?

I won't pay for light bulbs as there is a fault with the electrics in the flat, reported many times, and we never used the wall lights after the first year as we had spent over £60 on bulbs, instead we purchased floor lamps.

pararct

A toilet pan should be no more than about £50. It would take a competent plumber no more than 45 minutes to fit it (although they will charge an hours labour). You are being ripped off!! Unless of course it is a fancy design or gold plated or something?

http://www.plumbingsupplyservices.co.uk/acatalog/Twyford_WC_Pans_Cisterns_Seats.html <<Example

taxsaver

Pet owners frequently do not themselves notice the smell which their pets create. No matter how clean a house is kept and the pets in it, there is very often a discernible 'smell' that can be noticed by others.

furrypolka

Nothing in the checkout about the smell at all though, and the chap who came to clean the room (that we paid for while we were there) commented about how it didn't really need to be done. I have asked friends/family who all confirm that there was no smell! We had the carpets deep cleaned in the room where the hamsters lived as we had agreed to do, and repainted all the walls (as they were scuffed, but then they were scuffed when we moved in), and at no point were the animals on the carpets or kept in any of the other rooms, but the landlord has had the entire flat deep cleaned. Entirely unnecessary in my view.