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Deposit Issues

Hello all,

Apologies for adding to the amount of deposit related threads and a particularly long post, but I am currently in dispute with my letting agent regarding the return of my deposit.

I moved in to a 2 bedroom flat with a friend in March 2010, and then took on the tenancy on my own in 2012 when she moved out. The £1980 deposit was re-protected in my sole name with The Dispute Service in March 2012. A check in report was completed in 2010, and then a final check out report completed when I moved out on 26 March 2012. The flat was built in 2007, so including my 3 year tenancy, is approximately 6 years old.

Prior to moving out, I completed a full clean of the property myself, including hiring a carpet cleaner for the bedrooms. While the agent was pushing for professional cleaning (at a cost of £300), the terms of my contract state:

- 3(j) (iv) Cleaning: To clean the Property and the Fixtures and the Fittings regularly during the tenancy and to clean or pay for the professional cleaning of the Property and the Fixtures and Fittings to the same standard as detailed in Scheduled A at the end of the Tenancy.

I moved out on the 26th March 2013, and after this date, repeated contacted my LA for the outcome of the check out report. On the Friday 5th April 2013 at 12pm, I was contacted by the agent (6 working days after the end of the tenancy) to advise that some areas were not cleaned satisfactorily, and invited to return to rectify this ahead of the new tenants moving in at 10am the following day. While incredibly inconvenient, I was able to persuade my boss to let me leave early, and return to the property via the letting agent to complete this ahead of the deadline. The items needing to be “topped up” included some smearing from the window cleaning fluid, and the dispenser drawer on the washing machine, which admittedly I forgot about.

After completing this, I then continued to chase the LA for details of the check out report and an idea of when the deposit would be returned. This was eventually provided on 17th April (14 working days after the end of the tenancy), along with incomplete details of proposed deductions of £470 (they were awaiting a quote to repair alleged damage to a floor).

The proposed deductions included:
(i) £130+VAT check out fee – agreed as it was stated in my tenancy agreement
(ii) £9 + labour (inc later) to replace 2 recessed ceiling bulbs. I already told the agency that I tried to replace the bulbs but they still didn’t work. My builder dad said it was most likely a transformer failure. I also left a new sealed packet containing 2 replacement bults
(iii) Pedal bin - £5 + £4 delivery for replacement due to “smears” – 1) these were from wiping prior to leaving & removed on re-cleaning and 2) it is a bin which is at least 3 years old.
(iv) Water mark on window sill - £12 paint + labour (inc later) – agree with this, it was varnish from an ornament, although question the cost of paint
(v) Chips to the inside of a drawer unit £30 – these were 1) light at best as I didn’t notice 2) to a flat pack furniture item at least 3 years old (and there when we viewed the flat, so clearly present for the previous tenancy
(vi) Toilet brush - £2 (delivery included with bin) – handle broken – seems petty given age but agreed due to trivial cost
(vii) Water damage nr window - £45 – clearly caused by window leaking – can I be responsible for this? Other windows in the property had leaked before I moved in as noted on my check in report so clearly a reoccurring fault.
(viii) Ring marks on window sill - £20 – removed during re-cleaning
(ix) “Soiling splashes” on kitchen backsplash - £40 – removed during re-cleaning
(x) Soiling to washing maching dispenser drawer - £15.20 – cleaned during re-cleaning
(xi) Damage to extractor fan - £55+VAT + labour (inc later) – this was a plastic flap covering the control panel where the plastic knob hinge broke – seems an excessive charge for a part available for £20 online which is at least 6 years old & not essential for use.
(xii) £55 + VAT for contractor for items mentioned above
(xiii) TBC – deduction for alleged scratch to vinyl wood effect floor near balcony door – this was 1) certainly not noticeable, although looks it in the picture provided given flash used – I didn’t notice it before we left and 2) definitely didn’t go all the way through, so could not be considered a “tear” – I am anticipating them trying to charge me to replace the whole thing which covers the living, dining & kitchen areas!!

After consulting with one of the lawyers at work, I immediately responded, informing them that firstly, by not responding within the timescales they set out in the tenancy agreement, they had waived the right to make deductions aside from the contractually agreed check-out charge of £130+VAT. As a gesture of goodwill after reviewing the proposed check out report, I was prepared to make an additional goodwill payment of £100, refuting the majority of charges as either 1) rectified during the “top up cleaning” or 2) fair wear and tear after a 3 year tenancy. I gave them until Friday 2nd May to respond.

My contract states:
- 2(k) The Agent must tell the tenant within 10 working days of the end of the Tenancy if they propose to make any deductions from the Deposit.
- 2(l) If there is no dispute the Agent will keep or repay the Deposit, according to the agreed deductions and the conditions of the Tenancy Agreement. Payment of the Deposit or any balance of it will be made within 10 working days of the Landlord and the Tenant agreeing the allocation of the Deposit.
- 2(m) The Tenant should try to inform the Agent in writing if the Tenant intends to dispute any of the deductions regarded by the Landlord or the Agent as due from the Deposit within 20 working days after the termination or earlier ending of the Tenancy and the Tenant vacating the Property. The Independent Case Examiner (“ICE”) may regard failure to comply with the time limit as a breach of the rules of TDS and if the ICE is later asked to resolve any dispute may refuse to adjudicate in the matter.
- 2(n) If, after 10 working days following notification of a dispute to the Agent and reasonable attempts having been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit the dispute will (subject to clause 2(o) below) be submitted to the ICE for adjudication. All parties agree to co-operate with the adjudication.
- 2(o) The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by clauses 2(k) to 2(n) above

They responded yesterday (30th April), acknowledging that they did not keep to the outlined timescale, but despite this, want to pursue the deductions through the TDS. They have said that they will register the dispute with the TDS and provide me with details. They still have not provided me with a quote for the floor, and said they have given the floor company until today to provide a quote and will give me the details asap – this is 23 days after then end of my tenancy. They say after they have received this quote, they will add it to the “disputed sum” and return the rest to me asap.

I am planning to respond thanking them for letting me know, and giving them until Tuesday 7th May to provide details of the dispute lodged with the TDS, and if not received, I will raise with them myself.

How do you think the TDS will view this, in particular the failure of the LA to keep in line with the deadlines they set out in the contract? And, roughly how long does the process take? As I’m sure you can imagine, it’s a large sum to be outstanding, especially as I have had to pay a similar deposit on my new flat, which means I am living on credit cards in the mean time!

Any advice would be very gratefully received – sorry it’s a long post, but I wanted to provide all the details.

Thanks in advance,

Millie
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