Retaining Deposit from Flat Rental

jmd4211

Hi - I know that there are a million questions on this subject, however I just wanted to give my circumstances on here to see what the experts on here reckon on my situation.

So, long story short, I was renting a flat in North London, and the tenancy ended on June 28th. The deposit I paid was £1650, and is with the Tenancy Deposit Scheme.

The inventory report was completed on the day I moved out and I handed the keys back. The report was sent to me on June 29th, and referenced some minor issues, none of which I had any issue with. I replied on July 2nd to agree with the findings, and waited to hear back.

After chasing all of last week (One month after moving out), I was told that I would lost £250 because of some issues, but that they were sending a handyman round to quote so that they could give me a more accurate price. I was surprised by the size of this amount, so requested more information about what these issues were, and got sent a list of things that were not mentioned in the checkout report, and were supported by pictures taken after the new tenants had moved in (their stuff can be seen in some of the pictures).

This morning (exactly one month after approvinf the check out report from my side) I have received an estimate, pricing for some of these issues that werent mentioned in the check out report, amounting to a total of £460. Some of this I am OK with, but going off the individual prices on the estimate, I agree only to a £160 deduction.

I have sent a strong email back with my viewpoint and my refusal to accept anything that wasnt mentioned on the check out report. To send me pictures of damage incurred after new tenants moved in surely isnt right? (And the things I am querying are genuine, Im not at all trying to escape on a technicality).

She's even trying to charge me for re-wiring a standard lamp, that shouldnt even have been there given that the flat was rebnted unfurnished!

BitterAndTwisted

Get onto the TDS site right away and claim the amount of your deposit after the proposed costs from the check-out have been deducted. To start claiming for things not noted in the check-out inspection and after the new tenants have moved in is not reasonable. If the check-out inventory cant be relied on why have one done at all?

This is all presuming that a check-in inventory was done when you moved in and was signed and dated by both parties.

jmd4211

So just to be clear, I should put in a claim for the total deposit, minus the £460?

BitterAndTwisted

No. You said that the £460 included estimates for things which weren't on the check-out inspection, so don't offer to pay for them. I wouldn't.

jmd4211

The form on the TDS site is a bit confusing (or Im being stupid). It asks for the total deposit amount, the disputed amount, and the claimed amount. So in my case, the disputed amount would be the difference between the £460 and what I agree to pay?

So what is the claim amount?

thank you for your responses so far, by the way!

picklepick

The total deposit is just that. eg £500
The disputed amount is the total the INVENTORY claims should be deducted. eg£150
The claimed amount is the difference between the two. eg £350

Ignore the other claims your landlord is making completely, they haven't got a leg to stand on with those!

BitterAndTwisted

The claim amount is the balance of your original £1650 less the deductions you agree to.

What you should get back is the claim amount minus the disputed amount. That will be retained by the scheme until you and the landlord either reach an agreement or you decide to go through the scheme's arbitration procedure.