Tenancy deposit - landlord wants unreasonable amount from deposit

b_enji

We recently moved out of a rented flat. We have a deposit of one month's rent in one of the tenancy deposit schemes.
The landlord visited on the last day (when the flat had been cleaned and was empty) to do the "check out' - he mentioned some carpet stains in a bedroom (which we accept are our fault) and that the oven hadn't been professionally cleaned.

I contested this at the time as the oven was not professionally cleaned before we moved in (not on the inventory though!!)

Anyway no biggie, I've now had an email requesting money for curtains to be cleaned, a full clean of the house including the oven, and carpet cleaning.

I am ok with the carpet cleaning in the 1 room as this was us and discussed on the day, however i have said subject to the LL providing me with quotations for the work and a receipt once done.

Am I right in thinking he can only contest what he did so in person on the day? If he was dissatisfied with the general state of the place why didn't he mention it as we toured the property?

The issue I have here is when the problems were mentioned (not whether the claims are valid, which they're not) - surely from touring the whole place he could have said whether he thought the skirting board was dusty!

Any advice would be appreciated!

Fire_Fox

It's worth running an advanced search, these issues come up several times a week. The landlord can contest anything he can prove (dual signed check in inventory, preferably with photographs) that he has properly informed you of within an appropriate amount of time. Read the prescribed information on deposits you were sent at the start of the tenancy and/ or the deposit schemes website to find out their recommended protocol.

To my mind quibbling over when makes you sound guilty, dust is not going to build up much in the space of a few days whereas if the landlord claimed for a huge stain he somehow didn't notice for a week that would be highly suspicious. But you haven't given any timescales, 'recently' could be anything from days to months. You are entitled to see quotes but not receipts AFAIK.

V_Chic_Chick

Was the deposit protected in a deposit protection scheme, and did have you received the details of said deposit?

tbs624

V_Chic_Chick wrote: »

Was the deposit protected in a deposit protection scheme, and did have you received the details of said deposit?

Although the OP does not specifically mention having been given the scheme's "prescribed information" s/he does say:

b_enji wrote: »

We have a deposit of one month's rent in one of the tenancy deposit schemes.

OP - what does that *agreed* original inventory say about the items in question?

Once the LL has communicated his proposed deductions to you you have to write back and agree or disagree. He has to refund any undisputed amount of your deposit to you pronto: you can then use the scheme's dispute process ( or small claims court if either party prefers) . It is important you keep a "paper trail"

lindsaygalaxy

Just a quick question out of curiosity - not planning on moving out for another 6-9 months IF we can then buy a house!

On the inventory (that was signed) it said newly painted walls in most rooms (which they were). 2, and half years later some of the paint has cracked where we aget lots of condensation from the windows and some hand marks (toddler!). Will we be expected to have it all re-painted, even though it will be at least 3 years since moving in?

Thank you

Fire_Fox

lindsaygalaxy wrote: »

Just a quick question out of curiosity - not planning on moving out for another 6-9 months IF we can then buy a house!

On the inventory (that was signed) it said newly painted walls in most rooms (which they were). 2, and half years later some of the paint has cracked where we aget lots of condensation from the windows and some hand marks (toddler!). Will we be expected to have it all re-painted, even though it will be at least 3 years since moving in?

Thank you

You do not have to leave the paint as new, fair wear and tear is expected. Wear and tear would include fading or yellowing due to sunlight or damage from a roof leak say, but not dirt from toddler hand marks or damage from condensation IF this is caused by tenant lifestyle.

Get some sugar soap - you will be amazed what this cleans off that other cleaning products don't touch. Secondly understand you are expected to act in a 'tenant like manner' which means reporting all faults or problems with the property swiftly so the landlord can rectify them, not leaving damage to occur. It also means ventilating the property effectively so that condensation from your lifestyle does not cause damage.

DO NOT air dry laundry indoors, close the bathroom door and open the window during and after showering, always use extractor fans, open the windows daily year round OR use an electric dehumidifier. If you are doing ALL this and still have enough condensation to damage the property then there is an underlying issue which the landlord needs to address. If he fails to do so after several reports you might consider calling in Environmental Health.

b_enji

The check in inventory lists what's included in the flat and we added to it such things as a faulty kitchen tap, mouldy shower and curtain (so bad we demanded the curtain be replaced) - as a result things like the oven didn't really occur to us as being particularly bad in comparison so didn't make it onto the inventory - I think partly out of naivety we didn't think this would be too much of a problem but mentioned a lot of other things round the flat.

The inventory (annoyingly) does have a blanket statement to say all items are clean and in good condition unless otherwise stated.

I would argue though that the inventory as completed initially by the LL is unreliable as evidence of the condition of the flat since it omitted items like the tap and shower curtain, which had to be replaced at the start of the tenancy.

There are no photos in the inventory and we checked out last weekend with him informing me of the issues (in addition to oven/carpet which he had mentioned on the day) yesterday. I don't see how he couldn't have mentioned the curtains/cleanliness of the flat in general (which had been mopped, vacuumed and dusted to death!) on the day we moved out rather than waiting five days.

He is tlaking about the windows - saying they are dirty - yes they are and were (my parents came round to the flat when we moved in and they came back the next day with window cleaner!).

I will be asking for the deposit less the disputed amount back immediately, it is in one of the schemes I know I had the paperwork but I left it with him during the check out (last week).

We want to be seen as being reasonable and are willing to agree on the carpet as that is definitely our fault and meet him in the middle on the oven (seeing as it wasn't "spotless" as he suggests when we moved in so this will account for the cleaning that needed to be done at the start and for additional soiling caused during our tenancy) and disagree on everything else.

He has asked for 20% of the deposit so it is not a huge amount I am just angry at the principle that he didn't mention things like the skirting needing dusting on the day we were checking out in person with him when we could have done something about it (not that I agree that there is an issue with the cleanliness however).

Fire_Fox

You don't need a detailed inventory or photographs the landlord does, he can contest anything he can prove not anything you can't disprove. If the windows were not mentioned or photographed he will have fun proving they were clean. The landlord does not have to hang around waiting for the tenant to redo cleaning that comes up in the check out. IMO you are clouding the real issue with the timing thing. The real issue is you have not left any item except the carpet in worse condition and he cannot therefore prove you have.

b_enji

Also I should mention that he did "flat inspections" in August, October and November this year (the last two were after we had given notice) - and he did not express concerns at that time about anything at all.

I agree the issue is not the timing I just didn't know if that would be a counter argument. Perhaps I'll start off with a firm but brief (& fair!) response to say what are willing and unwilling to fund and see what he comes back with before going into more details.

tbs624

b_enji wrote: »

I will be asking for the deposit less the disputed amount back immediately, it is in one of the schemes I know I had the paperwork but I left it with him during the check out (last week).

Why did you leave it with the LL - he has his own paperwork relating to the deposit. Were your personal Scheme log-in details shown on whatever papers you left with the LL? If yes, then you need to contact the Scheme straight away

b_enji

He had asked me where the inventory was I had some paperwork and we looked through it and we put it down and I forgot when we left!

He chased me for a response yesterday so we have sent our replies and said that we are happy to deduct for the carpet but that we have found somewhere local who'll do it for less than half the price he has suggested.

Will see what he comes back with it was a fairly lengthy but comprehensive response.

One thing I wanted to mention is this flat is a house that the LL bought and split into two flats - part of the deal was the rent was £x per month but for £100 the LL would include the council tax and water rates. We (and I think every tenant has) took this up as the water and c/tax separately would probably amount to £140 a month.

I have had a look at the address on the government site where you find the council tax bands and the property appears only once i.e. not flat 1 and flat 2 - therefore as I had suspected he is paying one rate of council tax (and I assume water too) for two properties - which is why he pays it out of the rent he must make a profit of probably £60/mth.

Is there some sort of whistleblowing process with councils/water companies to bring this to their attention?

If he gets awkward with our response I am wondering whether to mention this to him, but want to be careful about and implications for myself / being accused of blackmail.

Any advice?