Help! Landlord went mad during checkout

Morter

Hi, just joined as I'm a bit worried about how our check out went yesterday...

Four adults have been living in our house for just over three years, we've had no problems at all and have always paid our rent on time, fixed minor problems ourselves and generally got on well with the landlord.

The first thing the landlord commented on were that the walls were scuffed and had hand marks on them, I advised him that I felt this was to be expected given the length of the tenancy to which he disagreed. He then looked into the garden and told us we would have to pay for a gardener - I have spent at least a couple of hours per month trying to keep the garden in check but it's full of Japanese Knotweed and other fairly aggressive plants.

I advised him that I felt that this was not acceptable and told him that I would dispute the gardening charge if needed. It was at this point he went slightly mad and started shouting "not to threaten him with things like that" and "how dare you try and play games"

I asked him to continue the checkout and that I would wait downstairs whilst he noted everything in writing, which he eventually did. The list included a lot of things that I feel are just wear and tear (hand marks on communal area walls etc). It also had lots of things that were not on the inventory, like the windows being dirty, and bedrooms not cleaned, which they were.

The inventory doesn't list anything about the conditions of anything in the house and I feel he is trying to get us to restore the place to a better place than it was originally so I wrote down that I disputed everything he had put apart from 5-6 points (fridge drawers being broken and a couple of stains on the carpet). When I handed the inventory back to him he again lost his temper and started shouting about how good he'd been to us, and how he could have thrown us out any time he'd liked.

I asked him to try and discuss the matter with me in a professional way but this made him even angrier, he stood up and told me that he was going to charge us for an extra days rent as he wasn't going to accept the house in the condition that it was in. At the time we also had professional cleaners in the kitchen and he claimed that he felt the house was not properly vacated. He then stormed out into the street and I went outside and again told him that I wanted to return the keys to him but he just shouted about us "taking him for a ride".

By this time our next door neighbour had come out of her house to check everything was OK. I again tried to get the landlord to take the keys but he told me he would no longer speak to me and jumped into his car and drove off...I was fairly shocked by all this and was unsure what to do, but after talking to the neighbours they thought it was best that I just left the keys in the house, shut the door and walk away which I did.

In the meantime the landlord had phoned my girlfriend and shouted at her, eventually hanging up on her. He has emailed us several times and we have told him that we want the matter resolved the the Deposit Protection Service, and have not yet heard back from him.

I just want to check really that I don't have to worry too much, it was a pretty stressful experience and I have never had any issue with a landlord like this before.

Can he charge us an extra days rent as we haven't been able to get him to take the keys and because cleaners were still in the property?

If the garden isn't mentioned on the inventory at all can he force us to pay for a gardener - the garden was not weed free when we moved in. Again, with regards to cleaning all the windows can he force us to pay for this when they were not cleaned when we moved in and when they are not mentioned on the inventory at all?

We thought that we had left the house in a pretty good state and felt that we were going "above and beyond" getting professional cleaners (it wasn't professionally cleaned when we moved in) but it seems that it's all gone off the rails and is going to get nasty...

Apologies for this massive ramble, and advice would be appreciated at the moment though!

Thanks,

Chris

KateLiana27

He sounds... unstable.

Take photos of everything (dated).

Keep the receipt from the professional cleaner (preferably fully itemised - pay extra for this if need be).

If your deposit is in a protection scheme I would say you'll probably be ok.

missile

How much is the deposit? How much will it cost for the 5-6 items you agree with? How badly do you need a reference?

Life is too short, try to agree a figure to make good the damages which you agree with and move on. If you can't agree or feel so inclined this could end up in court.

Brallaqueen

Will your neighbour support your version of events, especially the refusing keys bit? Get a signed statement from them if possible in case your landlord tries to sting you for 1 months extra rent because you 'retained possession'

Is your deposit protected? Do you have the details? If so I'd start the dispute straight away. Given time your LL might think up all sorts of things to try and charge you for.

Keep the emails he has sent you (useful if the tone is harrasing or aggressive)

Write to him confirming that you dispute (insert here) and to confirm his refusal to take keys lies squarely on his shoulders. Involve neighbour if they are willing to back you up.

The vague inventory is in your favour unless LL can produce sufficient evidence otherwise (good receipts for cleaners/ gardener / redecoration just tenancy commencement date; photos etc)

ruggedtoast

He sounds like a mental. The inventory is an exact snapshot of the property when you moved in. If it's not thorough the owner can't prove what it was like when you moved in.

I hope you took photos when you moved out but it doesn't sound like there is much he can do other than go to arbitration without any documentation.

The house should have been vacant at the agreed check out time but he could just as well asked the cleaners to leave.

Morter

We have already had references from him and have moved into our new house.

The deposit is just over £1600 and the items that I agree with would probably total £100-£150. All the other things he wants us to pay for would probably total another £500+

It does seem like it is going to be difficult to agree anything with him as I think his expectations are totally unreasonable, he told me he thinks the house should be in perfect condition ready for the next tenants to move in (they move in tomorrow morning).

We don't have any access to the house any more so can't take pictures, the receipt from the cleaners is on its way and our neighbour has offered to write a letter saying she witnessed him being aggressive and refusing to take the keys from us - would this be useful if we have to go to the arbitrator?

Thanks again,

Chris

mustrum_ridcully

You might remind your landlord about reasonable wear and tear (which depends very much upon length of tenancy, number of tenants and quality of materials) http://www.arla.co.uk/information/deposit-protection/wear-and-tear/

You might also want to remind him about betterment and apportionment, the landlord cannot use the deposit to put himself in a better situation that he was at the start of the tenancy and any deductions from the deposit need to take into account the life of the item http://www.arla.co.uk/information/deposit-protection/betterment-and-apportionment/

princeofpounds

Yes. Take evidence, Go to dispute, that's what it's for. Some of this stuff you will lose on, some you will win on, in my opinion.

missyp123

stand your ground if you believe you are in the right.
The tenancy deposit scheme are pretty good when LL's have not protected themsleves correctly with decent inventories from the start.
i would put everything in writing to them, pictures are always good. wear and tear has to be taken in to consideration, and when you've left it cleaner than when you arrived what is his problem????!!!!!

good luck

Morter

Thanks for the replies, in an email the landlord asked that we meet him again for a second checkout, I spoke to a solicitor at work and they think that it would be best just to go straight to the dispute service as the way he acted was very unreasonable and threatening - do people agree with this? Would it been seen as being uncooperative by the arbitrator? I really don't want to see him face to face again if it can be avoided!

princeofpounds

You can ask him why I suppose, but unless there is a good explanation I would avoid it; if you have handed over the property you have handed it over.