Landlord & Deposit please help

DepositDunce

Hello Everyone,

I am looking for advice on the return of my depsoit please. I moved out of my previous rental (Brand new 1 bed, 1 living room inc kitchen, 1 bath) on 29/07/2011. On 17/08/2011 I received a text message from my landlord asking if I had received an email sent on 14/08/2011. I had not received this email as he had misread my email address.

On 19/07/2011 I received the below email:

Further to my email to you last week regarding damage, etc, I can now confirm the following costs / quotes:
Removal/repair damage to main front door and storage area door = £150
Damage to edge of kitchen worktop (incl. in item 1 above)
Smoking damage / impact to lounge - repaint and deep clean = £240

I would be grateful if you could confirm your agreement to the above as soon as possible in order that we can organise the release of the balance of your deposit.

Firstly, I have not received a previous email. Secondly, I feel the landlord is unjustified charging £240 for a small room when:

1: The kitchen is located in this room and was in frequent use.
2: The walls are white emulsion
3: My parents and I spent a day cleaning the whole apartment including steam cleaning all floors and carpets.

Am I right to consider any discolouration (which there was not) to be down to fair wear and tear of a kitchen? The room in question is the size of an average kitchen, however it was also the only room that could be used as a lounge.

Also I am willing to accept the charges for the damage done to the doors (if they are charging me appropriatly), however should I ask the landlord to be more specific in his detailing of the worktop?

I am concerned about approaching my Landlord about this as during the last week of my tennancy another of the landlords had requested they be allowed acces for viewings but had not specified a date and time. I recieved a text mesaage a few days later and I was given last then 12 hours notice for a Monday morning viewing of the apartment to which i refused and received an angry response.

Should i approach the TDS (where the deposit is held) or should I email my landlord back with my concerns. Also what rights do I have in regards to timings, as i did not receive notification until after 10 days had passed?

Many Thanks

Concerned Deposit Dunce

BitterAndTwisted

Considering the amount of damage done to the property I think you're getting off quite lightly being charged only £240. Do you dispute that any damage was caused or are you claiming that it's all wear-and-tear?

clutton_2

your landlord has listed 3 damaged items... damage is not fair wear and tear.... its damage which he claims you have done and if you have - you should pay

you have damaged 2 doors and a work top and he is only charging you £150 - this sounds very Reasonable to me

G_M

If you've caused damage, you are responsible.

If not, there's an arbitration process via your deposit protecion scheme.

DepositDunce

Thanks for all your responses. In respect of the damage, the doors have been scratched by the furniture removal hire company I used. So for that I am admitting liability. Thankyou to Clutton for confirming that these are resonable charges.

In respect of the damage to the worktop, the is a slight indentation on one of the side panels (I am unsure as to how this appeared), however as this happened whilst I lived there, I will accept liability.

Apologies for not making myself clearer earlier: my question for the above two points is this: Should I be requesting a more detailed list of charges? Ie: cost to repair doors & cost to repair worktop?

In respect to the damage caused to the lounge. I do not smoke and have not permitted guests to smoke. As he has not provided any further detail, I can only assume he means discolouration of walls in comparison to the rest of the apartment, as the carpet had been thoroughly steam cleaned and I rented the apartment on an unfurnished basis.

I expected a slight discolouration due to the oven and hob being situated in this room, however my parents and I both checked for this and we could not find any. From since hearing about 'wear and tear' would I be correct in assuming that since I did not smoke in the property, I am not liable to the charges (or the full cost of charges) as any damage pereceived by the landlord would be normal for a room used as a kitchen for 2 years anyway?

G_M

DepositDunce wrote: »

Thanks for all your responses. In respect of the damage, the doors have been scratched by the furniture removal hire company I used.then claim off the removal company (or your insurance?) So for that I am admitting liability. Thankyou to Clutton for confirming that these are resonable charges.

In respect of the damage to the worktop, the is a slight indentation on one of the side panels (I am unsure as to how this appeared), however as this happened whilst I lived there, I will accept liability.

Apologies for not making myself clearer earlier: my question for the above two points is this: Should I be requesting a more detailed list of charges? yes you can contest the amount (get your own quotes?) and request contractor quote/invoice from the LLIe: cost to repair doors & cost to repair worktop?

In respect to the damage caused to the lounge. I do not smoke and have not permitted guests to smoke. As he has not provided any further detail, I can only assume he means discolouration of walls in comparison to the rest of the apartment, as the carpet had been thoroughly steam cleaned and I rented the apartment on an unfurnished basis. then sounds like fair wear and tear

I expected a slight discolouration due to the oven and hob being situated in this room, however my parents and I both checked for this and we could not find any. From since hearing about 'wear and tear' would I be correct in assuming that since I did not smoke in the property, I am not liable to the charges (or the full cost of charges) as any damage pereceived by the landlord would be normal for a room used as a kitchen for 2 years anyway?

..........................................

DepositDunce

Thank You G_M, I will reply to my Landlord requesting a detailed list of charges. I have also found a download for a letter template for contesting the charges for damage to the lounge. Depending on his response, I will contact the TDS if needs be.

DepositDunce

I emailed a letter (using CAB template) to my landlord on 22/08 in which I disputed the charge of £240, accepted responsibility for the damages amounting to £150 and requested a written breakdown of all charges amounting to £150 including any relevant quotes/receipts. I also requested that the balance of the deposit be returned within 14 days otherwise I would refer the case to TDS.

Today I received a response from the second landlord in which he stated they were happy to remove the £240 charge from the claim. However they are now charging £445.20 to replace the two doors mentioned above, as the scratches are too deep to repair. He detailed the charges as follows:

I have a price of £117 + VAT each for the doors and have allowed 6 hours for a joiner to replace both doors at £17 per hour, the removal and disposal of the doors £35 – Total cost of £371 + VAT = £445.20

Since they have removed the claim for £240 and have now increased the initial claim of £150 to £445.20 I am now concerned I am being ripped off. They have also failed to mention the worktop damage that was included in the original £150 claim and I am unsure if I am still expected to pay any charges relating to this.

I have now been waiting for the return of the deposit for 45 days and I am eager to get this sorted as amicably but also as quickly as possible. Apologies I am yet to ask a straight question and have really waffled on (there are probably a couple of dumb ones in here)

Have I received a quote or is this the landlords estimation of labour costs?
When giving 14 days for the return of the balance, is this classed as business days or all weekdays and bank hols?
After agreeing to the damages of amounting to £150 (but not agreeing to the actual costs until a full written breakdown is received), can the landlord now increase this charge?

Thank you to anyone who bothered to read this far!

may_fair

DepositDunce wrote: »

Today I received a response from the second landlord in which he stated they were happy to remove the £240 charge from the claim. However they are now charging £445.20 to replace the two doors mentioned above, as the scratches are too deep to repair. He detailed the charges as follows:

I have a price of £117 + VAT each for the doors and have allowed 6 hours for a joiner to replace both doors at £17 per hour, the removal and disposal of the doors £35 – Total cost of £371 + VAT = £445.20

Only you know how deep these scratches were, and whether the damage was severe enough to justify having to replace the doors. Have you contacted the removal firm who caused the damage?

Since they have removed the claim for £240 and have now increased the initial claim of £150 to £445.20 I am now concerned I am being ripped off. They have also failed to mention the worktop damage that was included in the original £150 claim and I am unsure if I am still expected to pay any charges relating to this.

Ask LL to clarify.

Have I received a quote or is this the landlords estimation of labour costs?

You can ask to see the actual quote from the contractor/supplier.

When giving 14 days for the return of the balance, is this classed as business days or all weekdays and bank hols?

Deadlines for return of the deposit are somewhat academic, other than that you're now well over the time when it'd be okay to raise a dispute with the deposit scheme. (N.B. if LL agreed to settle via deposit scheme adjudication, it tends to favour the T so it's unlikely LL would be awarded as much as he's claiming).

After agreeing to the damages of amounting to £150 (but not agreeing to the actual costs until a full written breakdown is received), can the landlord now increase this charge?

Yes, the LL can change his mind and increase the claimed deductions.