Deposit dispute with landlord

sparkymartin

I have recently moved out of a rented house. The deposit is protected in a tenancy deposit scheme. The landlord made two offers on the amount that they wanted to deduct from the deposit, both of which I rejected. Now the landlord has engaged a solicitor and is making a case for 'all costs involved'.

My concern is that if the worst were to happen I would lose all my deposit and have to pay extra costs. Can this happen? Or is the landlord trying to scare me into accepting their last offer (they have given me a period in which I can still accept the last offer).

I would be prepared to keep fighting against what I see as an unaceptable amount of deductions from the deposit but I cannot afford to pay more money! What's the worst that can happen.

The house was left in a really good condition, tidy, clean and with everything in place.

Thanks

Loretta

sparkymartin wrote: »

I have recently moved out of a rented house. The deposit is protected in a tenancy deposit scheme. The landlord made two offers on the amount that they wanted to deduct from the deposit, both of which I rejected. Now the landlord has engaged a solicitor and is making a case for 'all costs involved'.

My concern is that if the worst were to happen I would lose all my deposit and have to pay extra costs. Can this happen? Or is the landlord trying to scare me into accepting their last offer (they have given me a period in which I can still accept the last offer).

I would be prepared to keep fighting against what I see as an unaceptable amount of deductions from the deposit but I cannot afford to pay more money! What's the worst that can happen.

The house was left in a really good condition, tidy, clean and with everything in place.

Thanks

Raise a dispute with the deposit scheme that is what it is for

sparkymartin

Loretta wrote: »

Raise a dispute with the deposit scheme that is what it is for

If I do that then what is my worst outcome? Can I be asked to pay more on top of losing the deposit?

G_M

Solicitors costs cannot be claimed - either via the deposit dispute arbitrator process OR in the Small Claims Court.

Yes, in theory you could lose more than your deposit IF the LL can prove that the damage you caused or rent you owe is more than the deposit.

It all comes down to whether you owe him money - either for rent, not giving propor notice, damaging the property or items on the inventory, or leaving the property dirtier than when you moved in, as measured by the check-in Vs Check-out inventories.

sparkymartin

Ok that's good to hear.

I had a feeling that the landlord was just trying to scare me.

There was no damage to the property and I have never left a property in such good condition so this is what has annoyed me so much.

I'm happy to raise a deposit dispute with the deposit scheme, is the landlord obliged to let them make the decision or can they force it into small claims court?

Also I know that the landlord entered the property in the last week of tenancy without giving any form of notice and thus breaking the tenancy agreement - does this stand in my favour when arguing my case?

[Deleted User]

On what basis does the landlors want to keep your deposit? Did he give you a reason?

sparkymartin

The landlord wanted to keep approx 80% of the deposit.
I would be happy to let them keep approx 30% to cover costs I agree with.

However the landlord is claiming for repainting of a room that did not need redecorating and the check-out report did not say that redecoration was needed.
Also the bathroom needed redecorating. I am claiming that there was not adequate ventilation and that I did all I could to keep the room in a good state. During the tenancy the landlord redecorated the room at their own cost and verbally admitted to me that there was a problem.

The redecoration costs appear to make up most of their claim. The dusting of a lampshade which was also mentioned I am happy to let slide!

BitterAndTwisted

The first step is to go through the deposit scheme's arbitration process. Then, if the landlord believes that they have a chance of winning, they can take you to court. The arbitrators will be interested in both the check-in and check-out reports or any other documentary evidence the landlord might have.

Hump

Your landlord has a really bad business model - he should factor cyclical maintenance such as re-painting into his rent setting and not rely on outgoing tenant deposits - unless you've significantly damaged the decor which would have been picked up on the 'check out' inventory, then it sounds all too much like the landlord trying to use your deposit to bring a 'lived in' property with associated 'fair wear and tear' up to a pristine (unlived in) condition. Remember the 'check out' inventory is carried out on the landlord's behalf by his agent - if the landlord is unhappy with it's findings then he needs to take up the issue (including any claim for compensation) with the lettings agent.

If the arbitration process goes in your favour and the landlord still tries to take you to court then submit a copy of the arbitration report to the court as evidence - I'm guessing the judge will give the claim fairly short shrift - good luck.