HELP with unfair deposit deduction

ajc1g11

Good morning guys,

I left my previous flat about a week ago and had my inventory done last Thursday. Despite the person who did the inventory saying that everything was OK, I got an email from my agency with these deductions proposed from my landlord:

-Compensation for cleaning at the property - £90
-Costs towards redecoration due to mold growth on the walls – costs are currently being obtained for this.
-Costs for disposing of discarded items in the bedroom - £50

I disputed all of them since I have not left anything in the bedroom (I offered however to remove any items she wants removed), The house was thoroughly cleaned, and there was no more mold than the amount I had when I moved in (there are photos in both inventories upon check in and check out to prove this). However I assume mold is considered general wear and tear anyway isn't it?

Based on previous communications between me and my landlord I don't think she is going to back down easily so I would like any advice I can get

Cheers guys!!!

19lottie82

Is your deposit in a protection scheme? If no, it legally should be. Remind your ex LL that this is the case and you are prepared to take legal action to get your deposit back. If they still dig their heels in, send a "letter before action"

If yes, ask him to raise his claim with whoever is holding the deposit. you can then dispute it and if you have moving in / moving out photos, and check out report, that show otherwise, I don't see why it shouldn't go in your favour.

ajc1g11

Hi Lottie thanks for your quick reply.

The deposit is registered with the DPS. I got a response this morning via the estate agency and the problem is this.

When the clerk did the inventory check on the 1st of this month I was present and she said everything was absolutely fine and there aren't any problems. I was moving out on the 5th so if there were any I would have time to fix them. However in her report she listed problems such as dirty surfaces, mold, discarded items etc. If she had just asked me about the discarded items I could have shown her photos there and then from the inventory upon check in.

So the problem is that the landlord (who to my knowledge is living abroad) is going solely by this report. However I never signed this report, it was forwarded to my landlord and I got sent it just yesterday along with my landlords claims.

I have contacted the inventory company and they haven,t got back to me.

19lottie82

Was there mould on the walls and / or discarded items?
If mould was a problem, did you report it in WRITING, to your LL at an earler date?

tbs624

Things like mould, dirt and damage do not come under the heading of FW&T. Ts need to clean mould up as it occurs and keep LL notified in writing if there is an ongoing issue during the tenancy.

However, as you say mould was there at the tenancy start did that original inventory *clearly* describe the levels of mould etc actually present at the start of the tenancy (whether written comment or photos) ?

Go onto the DPS website, look at the Documents Tab and then Our Processes. All the info you need to follow through a dispute is in there.

Aim to keep your dealings over the deposit return entirely in writing, with copies retained by you. If there is any phone discussion between you and LL/LA you then write confirming your understanding of what was agreed/disputed.

On general cleaning, again what that original inventory says about the start condition provides the standard to which you are obliged to return the property.

T's often miss things like dust on skirting boards and tops of cupboards/shelves and so on, finger marks on light switches and showerscreens etc and it can depend on how laid back the LL is whether they will overlook some of these.

On stuff they say was left behind, did you take any photos before moving out?

Note that any undisputed deposit amount should be returned promptly to you whilst the rest is discussed. Keep an eye on dispute time limits.

ajc1g11

Hi Guys

Thanks for all of your replies. In the original inventory there are pictures of mold and in the new inventory there are no extra pictures of new mold. I said this to the estate agency and am still awaiting reply from my LL. As for the discarded items, they are all there in pictures in my original inventory which is why I said, if the clerk had just asked me I could have shown her them.

Does anyone know whom I should ask for the rest of my deposit given back promptly and how soon I should do this?

One thing I would like to know is this. When the inventory is done upon check out, considering it was done before my tenancy ended, Isn't it the clerks job to tell me what needs fixing? Or in any case not lie to my face saying it is OK but then compile a report saying otherwise?

tbs624

ajc1g11 wrote: »

Does anyone know whom I should ask for the rest of my deposit given back promptly and how soon I should do this?

Look at my previous post - go onto the DPs website and follow it up from there.

Go onto the DPS website, look at the Documents Tab and then Our Processes. All the info you need to follow through a dispute is in there.

Look in particular at the joint repayment pdf.

If you have evidence from the start inventory stop worrying. It looks as though the "inventory clerk" is incompetent if she has not compared both inventories before trying to justify deductions. Just follow the dispute process as outlined by DPS - they provide all the information that you need to do this.

Fire_Fox

Welcome! Mould is not wear and tear, it can be prevented and it can be cleaned very easily. If you did not cause any additional mould or rubbish use the deposit schemes dispute process - did you get the prescribed information at the start of the tenancy and have you read it? No idea why they did the inventory before you moved out, that leaves them wide open to the tenant claiming they fixed the issues between the inventory and handover.

Deal with this in writing and keep copies of everything - you should not be contacting the inventory company unless you employed them, you are contracted to the landlord so deal with them or their agent.

ajc1g11

Hi Fire Fox and thank you for your reply. The only reason I wanted to contact the company that did the inventory is that I find it wrong that they did not tell me at the time they were doing the inventory what was wrong. Are they not legally obliged to do so if I still had 4-5 days of tenancy left? Maybe I am confusing common sense with what their obligation is but I would like to know if anyone actually knows anything about this.

Fire_Fox

ajc1g11 wrote: »

Hi Fire Fox and thank you for your reply. The only reason I wanted to contact the company that did the inventory is that I find it wrong that they did not tell me at the time they were doing the inventory what was wrong. Are they not legally obliged to do so if I still had 4-5 days of tenancy left? Maybe I am confusing common sense with what their obligation is but I would like to know if anyone actually knows anything about this.

They are not legally obliged to tell you anything unless you employed them. Are you sure they even knew you had a few days remaining? An inventory is not normally done until at least the tenant's last day anyway, otherwise you could have a party and trash the place or continue cleaning/ packing.

Even if they were legally obliged to tell you what would you ask for in recompense? You have not paid them their fees and you have not lost anything on the inventory until you have exhausted the deposit scheme dispute system. You are barking up the wrong tree here. And even if they did tell you how would they satisfy themselves you had done the work? You would need them to hang around until you finished or do another inventory a few days later.

ajc1g11

Yeah you are right, I will take it up with the DPS dispute of course.

My inventory was scheduled to take place on the 5th however I moved into my new flat on the 31st of October. That,s why I called them up and said if you guys want we can have the inventory earlier and we arranged the 1st and that's when it took place. However I handed over the keys to my estate agents on the 5th as agreed.

Fire_Fox wrote: »

And even if they did tell you how would they satisfy themselves you had done the work? You would need them to hang around until you finished or do another inventory a few days later.

This is mainly because of their claim that I left items in the bedroom. If she told me then and there I could have just said "hey look closer at the inventory and you will see they are all items that were here and listed when I moved in"

Again thank you very much for your advice