Deposit deduction for gardening.

thebutlerforall

My sister has ended her tenancy and hasn't had her deposit back yet. Today is day 18 since she left. The Agent hasnt been in contact about any deduction. Today I rang the Agent and they said they are going to make a deduction because the grass lawn edges are joining and growing in with the borders and the shrubs and plants haven't been trimmed back and the weeds are growing on the drive and pathway. They agreed the lawn was fine as it has been mowed and the inside of the property was absolutely fine. It was spotless actually. Firstly they didn't inform her they were thinking of asking for a deduction. I said I was disapointed they hadn't contacted us to mention it. They said they haven't got a forwarding address. I'm the guarantor so they did have my address and my phone number, so that argument is weak. They've also got my sisters mobile number. I've since read that they should inform her within 10 working days that they are going to make a deduction. They are waiting for an estimate they say. Secondly it seems a bit of a low grade issue. I haven't got the tenancy agreement in front of me so I can't see what it says about the garden. Can I raise a dispute based on them missing the 10 working days? I'd like to bat this off and end it now based on failure to follow process rather than having to dispute after the estimate as I don't think its a particularly fair deduction. Has anyone got any experience they think can help me. Many thanks.

benjus

Was the condition of the garden documented when she moved in? Did she sign to accept this description? What does it say about the condition of the lawn?

Without documentation they don't have a case and would most likely lose in a dispute.

I assume the landlord has complied with the obligations to protect the deposit and send her the prescribed information...?

thebutlerforall

benjus wrote: »

Was the condition of the garden documented when she moved in? Did she sign to accept this description? What does it say about the condition of the lawn?

Without documentation they don't have a case and would most likely lose in a dispute.

I assume the landlord has complied with the obligations to protect the deposit and send her the prescribed information...?

Yes it is with DPS. The inventory says grassed area front and rear, block paved driveway, slabbed area outside rear. It doesn't mention the condition. I don't think they have a case but it means I'll have to write a case which I'd rather not do as it takes time so if I could bat it off now that would help. Thanks.

benjus

While DPS might not look very favourably on them for dragging their feet over the matter, it's not something that would automatically cause them to lose all rights to claim from the deposit. AFAIK the timescales are intended more to be interpreted as a minimum time to wait before opening a dispute, rather than legal obligations.

thebutlerforall

There is a photograph on the front of the in inventory which shows the front lawn and driveway with neat borders and no weeds on the drive but to be fair that photo was taken in 2006. There's no other photos of the drive or front and rear gardens/slabs.

benjus

She should go on the DPS website and claim the deposit back in full. This should at least get the agent's attention... if the agent comes back with claims against the deposit, a dispute might be necessary, but for now just claim it back.

You say the photo is from 2006 - when did the tenancy start?

dimbo61

They need Dated photos of the property and garden at the time your sister rented the place unless she started the tenancy in 2006 ?
Trees and plants grow in the summer !!
Another LA/ LL trying it on
Ask for the full deposit back

thebutlerforall

The tenancy started in 2010. Been there 3 years with regular quarterly inspections and no mention of the garden being a problem. You both say ask for full deposit back - do you mean go online on DPS and claim it which means the agent has a deadline to give it back. I can't remember where the log in details are etc typical! Must get onto that then. Tbh I know its the landlord not the letting agent as the agent was a bit embarrassed as she did say my sis has been an excellent tenant but she was arguing the case about the garden so realises she has to support the landlord and has realised she's not doing her job properly with not telling us in time and not mentioning it at inspections.

thebutlerforall

The driveway does have weeds on it though and the blocked paving does have weeds in between the paving. But its not a dump and the lawn has been mowed, its not to the detriment of the property and its not damaging fencing, paving etc. the shrubs have grown but to me its an acceptable level. It needs attention if you are bothered about gardens but I don't think its for her to pay the gardening and its been kept ticking over and never mentioned by the agent in 3 years. It's not just got to that condition overnight. Any thoughts anyone on tenants and gardening? Is my opinion biased etc? Thanks.

RAS

Is there any picture of the garden and drive etc dated the day she moved in?

If not, the LL can go hang re charging for gardening.

thebutlerforall

There is a photo on the inventory of the front block paving and the front grass. But that photo is still being used for the re let and isn't current and s years older than the year sis moved in. There's no photo of the rear garden lawn and borders. Yes it needs tidying up but its not a dump as I say. I wouldn't be unhappy as a landlord as I realise gardens are a pain for landlords and tenants!