Disputing the deposit

m0t

Yesterday our lettings agent informed us that they were planning to deduct £330 for cleaning costs from our deposit. The agent produced a check out inventory stating:

• All floors dirty and require vacuuming and cleaning.
• Walls in stairs and bathroom dirty and require cleaning.
• Hob & oven show evidence of grease.
• Fridge door sticky and requires cleaning.
• Mould on bathroom window frame (the bit that the window closes into - i.e. not visible from inside).

My first issue with the inventory is that it was conducted the day after we vacated, despite us being told it would be done the day we handed the keys back because people were moving in that evening. This wouldn't normally be an issue except they had let new tenants move in and all their photos show the new tenants belongs have been unpacked. My comments on each of the points raised were:

• The floors were vacuumed and cleaned as per the contract before we vacated. The new tenants have clearly brought in and unpacked a lot of possessions and are responsible for the current state of the carpets.
• The walls are similar to the above.
• The tenants may have used these appliances. These items were spotless before we left.
• The photo of the fridge shows that the new tenants have covered it in stickers so I can't see that this has anything to do with us.
• This may be a fair point although all the windows were like this when we moved in so in that regard it is no worse off. The check in inventory doesn't reference the cleanliness of these items.

The second issue we took with the request is that it references a check in inventory that we have never before seen or agreed. I realised too late that we were supposed to have had one and having seen what they have now provided it is fairly impartial, although as mentioned above it doesn't reference the cleanliness of the property at the time it was done. The flat was covered in a layer of fine dust, there was waste in the toilet, piles of dead insects in the corners and mould on all of the windows.

Finally the actual cost of the cleaning seems excessive for a small 3 bed flat where the majority of the living space is one large laminate floored room.

So MSE, are we likely to succeed in disputing the cleaning charge?

Okydoky25

No expert but without a dual signed check in inventory stating clearly the condition of the property in fine detail they will have a hard time proving anything.

Example: if the inventory states there was an oven but not if it is clean when you moved in then they can't prove the dirt is yours. It's up to them to prove you left it dirty not for you to prove you left it clean.

SerialRenter

If you've never seen, let alone signed the inventory then i'd say you have a rather good chance of disputing the charges. It looks like they're just trying their luck.

Personally I'd go to the office to dispute the charges, and if they don't drop them then raise a dispute through your deposit protection scheme.

m0t

I have already disputed the charges but the agent is stonewalling me and telling me I have to discuss with the landlord. For some reason the landlord has decided to completely ignore us and wont return calls/emails.

I think it is retribution for us not agreeing to move out a day early and them having to put the new tenants up because they signed a contract with the wrong date.

martindow

m0t wrote: »

I have already disputed the charges but the agent is stonewalling me and telling me I have to discuss with the landlord. For some reason the landlord has decided to completely ignore us and wont return calls/emails.

I think it is retribution for us not agreeing to move out a day early and them having to put the new tenants up because they signed a contract with the wrong date.

In that case there's no point wasting any more of your time with the agent or the landlord. Go to the deposit protection scheme and raise a dispute claiming back the whole deposit.

m0t

I was concerned about doing it too early because the TDS website says we should provide evidence of negotiation first.

We last heard from the landlord on 22/10 and despite numerous attempts since then have not been able to get hold of him although it is clear from the lettings agent that he has been acting on our messages.

We only received the message about the intention to try and claim cleaning costs yesterday so I don't know how much of a chance we have to give him to engage with us.

Does anyone know how long the TDS are likely to take?

Annabee

That is a very expensive clean for a flat. My daughter was recently quoted £390 for an end-of-tenancy clean, including steaming carpets for a 5 bed house with 3 floors in the South East. (student house).

I think your LA are trying it on!

sandsni

If you have proof you've tried to contact the LL but they won't communicate, I think that would be enough for the TDS to agree that you've tried to negotiate. The deposit is ultimately the LLs responsibility, not the LAs, so if the LL is not willing to negotiate you would have a good case to go back to the TDS and request your full deposit back. Let the LL prove there was a valid check-in inventory and you didn't leave the property the way you found it, and prove the actual costs they're claiming.

dimbo61

Write letters not emails, text messages or phone calls, no smoke signals.
Pen and paper with proof of posting and make copies.
Dispute any deductions and ask them to provide proof of the property before and after the tenancy had ended

m0t

Well we submitted the dispute online and as far as I can see the Landlord/Agent did not provide a response.

According to TDS blurb they will assume consent if no response is filed, but will this affect their decision making (i.e. no response means a default win)?

Okydoky25

If the date has past for your LL to submit their evidence then TDS will close the case in your favour I believe.