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Deposit issues
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swanswan1
Posts: 21 Forumite
Hi,
I've been having a few issues reclaiming my deposit from my old landlord.
It went into a deposit protection scheme when we started the tenancy. There was no beginning of tenancy checklist completed, but there were numerous damages in the flat. Again, there was no exit walkthrough completed but when I tried to reclaim the deposit back I was told that my landlord was claiming the whole (£400) deposit back for damages and cleaning to the flat.
We tried to use the adjudication process but the landlord refused to do so as he (apparently) wanted to sort it out amongst ourselves.
I sent him a letter detailing all the damages done to the flat when we started the tenancy (which was a huge list!). He sent me a letter back saying that actually he didn't want the whole deposit back but half of it to replace a broken door (100 odd pounds plus vat) and £50 cleaning charge.
When we moved in the house was very dirty and full of the old tenant's possessions. We had to tidy this up because the cleaners he got in to do it did a terrible job and left bin bags all over the place. The oven was in such a state that I spent the best part of a day scrubbing black grease out of it because every time you turned it on it set the smoke detectors off. We left the flat spotless (my parents came to help clean). We also redecorated (with the landlords permission) because the previous tenant had left two of the rooms with random rollers of paint on the walls and tears in the wallpaper. If anything the flat is nicer than when we moved in, so to me claiming for having to clean the flat is unfair as it was tidier and better looking than when we moved in. I have pictures of most of this which I sent to the landlord.
In regards to the door being broken, it worked when we moved in but dragged on the floor because it was hung poorly in the frame (there was also some cosmetic damage already present to the door). Because of this dragging and the age of the door, it came off its hinge at the bottom. We put it back on its hinge and it worked for a little while again, but obviously it must have broken again. In retrospect, we should have told the landlord about this, but I thought that because the flat was in such a poor state (One of the doors didn't have a handle and had a huge hole in it) that he wasn't particularly bothered. And surely this is wear and tear (although an unusual form of it!)
To cut a long story short, should I have to pay for the cleaning and for the new door?
Because we are quite young and he is a solicitor I'm unsure where I stand in regards to the law...
Thanks,
Amy
I've been having a few issues reclaiming my deposit from my old landlord.
It went into a deposit protection scheme when we started the tenancy. There was no beginning of tenancy checklist completed, but there were numerous damages in the flat. Again, there was no exit walkthrough completed but when I tried to reclaim the deposit back I was told that my landlord was claiming the whole (£400) deposit back for damages and cleaning to the flat.
We tried to use the adjudication process but the landlord refused to do so as he (apparently) wanted to sort it out amongst ourselves.
I sent him a letter detailing all the damages done to the flat when we started the tenancy (which was a huge list!). He sent me a letter back saying that actually he didn't want the whole deposit back but half of it to replace a broken door (100 odd pounds plus vat) and £50 cleaning charge.
When we moved in the house was very dirty and full of the old tenant's possessions. We had to tidy this up because the cleaners he got in to do it did a terrible job and left bin bags all over the place. The oven was in such a state that I spent the best part of a day scrubbing black grease out of it because every time you turned it on it set the smoke detectors off. We left the flat spotless (my parents came to help clean). We also redecorated (with the landlords permission) because the previous tenant had left two of the rooms with random rollers of paint on the walls and tears in the wallpaper. If anything the flat is nicer than when we moved in, so to me claiming for having to clean the flat is unfair as it was tidier and better looking than when we moved in. I have pictures of most of this which I sent to the landlord.
In regards to the door being broken, it worked when we moved in but dragged on the floor because it was hung poorly in the frame (there was also some cosmetic damage already present to the door). Because of this dragging and the age of the door, it came off its hinge at the bottom. We put it back on its hinge and it worked for a little while again, but obviously it must have broken again. In retrospect, we should have told the landlord about this, but I thought that because the flat was in such a poor state (One of the doors didn't have a handle and had a huge hole in it) that he wasn't particularly bothered. And surely this is wear and tear (although an unusual form of it!)
To cut a long story short, should I have to pay for the cleaning and for the new door?
Because we are quite young and he is a solicitor I'm unsure where I stand in regards to the law...
Thanks,
Amy
0
Comments
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So you should not pay for cleaning.When we moved in the house was very dirty .... If anything the flat is nicer than when we moved in,
Yes you should have reported it. Indeed, by NOT reporting theproblem from the start, you are responsible for the fact that the LL did not repair it (he didn't know) and so responsible for the subsequent further damage.the door being broken, it worked when we moved in but dragged on the floor because it was hung poorly in the frame ...Because of this dragging and the age of the door, it came off its hinge at the bottom. We put it back on its hinge and it worked for a little while again, but obviously it must have broken again. In retrospect, we should have told the landlord about this,
Pay.0 -
Hi,
//
Because we are quite young and he is a solicitor I'm unsure where I stand in regards to the law...
Thanks,
Amy
you'd think he'd know how to do things properly....
without a proper check-in it sounds like he has little proof of the condition of the flat or that you have damaged anything.So you should not pay for cleaning.
Yes you should have reported it. Indeed, by NOT reporting theproblem from the start, you are responsible for the fact that the LL did not repair it (he didn't know) and so responsible for the subsequent further damage.
Pay.
i would feel absolutely no guilt at attempting to claim back my entire deposit from this LL (despite the door).
The 100 quid or so he is after for the door sounds like it is more than covered by the cleaning/inconvenience the OP had when they moved in...0
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