Getting our Deposit Back...

Demonicomelette

Right, long story short (probably not that short...)

We moved out of our rented flat on the 19th. I'm not going to go into all the details, but the flat was being repossessed, and the landlords were trying to sell. I'm guessing they are trying to sell it before the 30th, which is the day of the repossession...

Now, they have our deposit in a Tenancy Deposit Scheme. They have told us they want to keep 500, because there are nail holes in a couple walls, we re-painted a room the wrong colour, there is a stain on the carpet, &c. Technically, they are correct.

HOWEVER, I don't believe they are actually GOING to do any of this work. As the place is being taken by the bank in a week, I suspect that they are just going to pocket the money. As I understand, they have every right to do this. I am not going to reply to their letter asking for the 500 until after the 30th, so I can see for myself if it WAS repossessed, and I can peek through the windows to see if they actually did any of the work.

Does anyone have any suggestions as to how I should proceed? Am I kidding myself thinking I will get them to drop their request? They have been pretty !!!!!!, as far as landlords go; loads of things we asked them to fix which never happened. We lived there since 2009, and I don't think they spent a penny on maintenance, apart from a yearly gas safety certificate...

This is more or less a rant. Sorry.

angrypirate

After 3 years you could probably class half of that as wear and tear - Im guessing the carpet wasnt new when you moved in, and the odd hole can be filled in with poly fila and certainly doesnt cost £500 to repair and repaint. Why not ask for an invoice for the work with photographic proof?

Demonicomelette

Part of the problem is that our "Moving In" inventory was 3/4 of a page, our "Moving Out" inventory is 30 pages, with photos. If we'd known they were going to be so forensic on moving out, we would have been a lot more forensic moving in...

Can I ask for an invoice before letting them deduct from our deposit?

jamie11

If you have agreed to £500 of damage from your deposit then the landlords do not have to do the work. You are just paying them the devaluation you have caused to the property.

Since it's a repo. soon I doubt they will do anything as well.

bebewoo

Just raise a dispute with the deposit service, and admit to nothing.
They would have to show receipts to prove that the work had been done. If they cannot then you will win the dispute.
Even if they do produce receipts it is likely that the TDS will find in your favour, as there are no "before" photos to match the "after" photos.

Demonicomelette

Thanks for the advice, guys. Like I said, I will wait until after the 30th, when the property is repossessed, and then go and peek through the windows to see if the DID do any of the work. Presumably, once a property is repossessed, they will no longer have access to it...

picklepick

Have you claimed your deposit back from the TDS?

Demonicomelette

Nope, not yet. Again, I am going to wait till I see if they HAVE been repossessed, and if they have done any of the work.

I think I have 6 months to claim my deposit back?

moromir

bebewoo wrote:

They would have to show receipts to prove that the work had been done. If they cannot then you will win the dispute.

Absolutely and entirely incorrect I'm afraid!

They can simply show a quotation to justify their application for costs.

None of the deposit schemes require the landlord to carry out the work, I always think it is better to think of it as compensation for the devaluation of the property as a result of the damage.

picklepick

If your moving in inventory is really unthorough, I think they'd struggle to prove that the damage wasn't already done before you moved in.

Whether they actually carry out any of the work they are claiming for is irrelevant.

Demonicomelette

moromir wrote: »

...I always think it is better to think of it as compensation for the devaluation of the property as a result of the damage.

That's what I was afraid of.

picklepick wrote: »

If your moving in inventory is really unthorough, I think they'd struggle to prove that the damage wasn't already done before you moved in.

Whether they actually carry out any of the work they are claiming for is irrelevant.

Yup. They say we've painted doors (which we did), but the doors aren't mentioned on the moving-in inventory. So they can suck it. They also say the kitchen cabinet is missing a knob. But THAT isn't on the moving in inventory, so they can suck THAT aswell.

Saying that, the windows are also not mentioned on the moving in.... I might go take them out.