Another 'landlord claiming unfairly from my deposit' thread

RGreenthumb

Two months ago my partner and I moved out of the property we were renting and returned the keys. We had a week's overlap on completing on our new home and the end of our tenancy so we moved out and spent every evening after work scrubbing the flat clean. We returned our keys to the letting agent as asked and awaited news of our deposit.

When we had heard nothing for 10 days I rang the letting agent and asked about it, only to be told that it was all in hand and it would be with me by the end of the week. It wasn't. To cut a long story sort, this cycle of me ringing and being given an empty promise went on for 6 weeks. By this point we were furious and rang the letting agent yet again, only to find out the person we had been dealing with had been "let go" for ineptitude and our case was being passed onto someone less useless.

Last week I was told by the new non-useless letting agent that she was waiting for the landlady to go and check on the property. That we moved out of two months ago. And new tenants moved into two months ago.

Needless to say I was not too impressed by this because how on earth is she going to be able to make a judgement on how we left the flat two months into someone else's tenancy? She also has no inventory.

I would also at this point like to point out that when we moved I there was an array of issues with the property that we reported the the landlord: a damp problem, broken curtain rails, a broken toilet handle, filthy carpets and uncleanliness (I'm talking we had to clean an excess of pubic hairs from the bathroom levels of uncleanliness). We reported all these issues and the damp, curtain rails and toilet flush were claimed not to be issues. The carpets were replaced and a "professional cleaner" was sent round without equipment or products and wiped a couple of kitchen surfaces. Safe to say that we certainly left the property in a better state than it was in when we arrived!

Cut to today and we have been told that the landlord would like to claim for uncleanliness, a broken shoerack (which I swear I never set eye on in the 10 months we lived there) and a broken freezer drawer which was damaged when we moved in.

Now I feel like this is just absolutely crazy since we moved out two months ago, so how can she have a leg to stand on in claiming we left the place unclean (or indeed broke anything)? Am I right in thinking we would be going into a dispute more favourably than the landlord would?

dancingfairy

Is your deposit registered? If so you need to get on to the deposit people and claim it back asap. You may be running out of time since your tenancy ended so long ago.
Was there a dual signed inventory at the begining of the tenancy? To be honest with such a long time since you moved out I don't think she really has a leg to stand on. Also how did you report the repair issues? Was it in writing with a certificate of posting and a copy kept of the letter? was it by email?
df

RGreenthumb

Thanks for your reply. There was no inventory taken at all, but the deposit is registered. I think the amount of time is three months so we're just loading up the website now!

RGreenthumb

Also we reported the issue via letter but we have no proof of postage as we dropped it through their letterbox ourselves. We should still have a copy somewhere, and they definitely received it as they came round the next day to discuss the issues.

dancingfairy

With no inventory they can't prove what damage you did or didn't do.
Also a letter is not much use if you can't prove you sent it.
I'd get on to the deposit people and request your deposit back in full from these chancers.
df

sandsni

Without a check-in inventory they will have absolutely no proof of the state of the property when you moved in so will struggle to prove you are responsible for any monetary loss (due to "uncleanliness" or damage) to the LL when you left.


As above, get on to the deposit scheme and claim your deposit back in full. Keep disputing any claims the LL puts in and they will have to provide evidence (which they won't have if there's no check-in inventory).

Guest101

beyourself wrote: »

Your landlord must either return all of your security deposit or send you a letter telling you why he is not giving some or all of it back. If you’ve taken photos on your move-in and move-out inspection, you did well. Photos are important evidence in documenting the condition of an apartment at move-in and move-out, and can help a dispute resolution officer decide whether you actually did damage that the landlord says you did. The usual reason for losing a deposit is damage to the property, but you have the right to first fix the damage if any. Allowances are made for normal "wear and tear". Moreover, if you have a lease, check to see what it says. Fill out the request for return of security deposit form (not interactive; you must print, and then fill out the form). Also keep a photo-copy of the form for yourself. Your local Maine district court has all of the forms you will need to start a small claims action against your landlord.

Hmm... Photos only useful if signed by both tenant and landlord to agree they are true representation.

No you do not have the right to fix it if your tenancy has ended, your right to access the property has ended.

The schemes allow disputes to be filed online.

Can I ask where you are getting this information ?

RGreenthumb

We are now being told that the landlord is compiling a bank of photographs and other evidence to back up their case. I am somewhat baffled as to how they can have photographic evidence that isn't two months out of date. Am I entitled to know what this evidence entails?

We have still not been told how much they wish to claim or what exactly they want to claim for. From my point of view we left the property in a better state than when we moved in and so I want to dispute any charges, but am I right in thinking I can't really do this until I know what the charges are?

donfanatico

Have you gone to your deposit protection scheme and claimed the full deposit back?

RGreenthumb

donfanatico wrote: »

Have you gone to your deposit protection scheme and claimed the full deposit back?

Can I make a claim without knowing what the landlord wants to charge for and how much? Sorry if this is a silly question.

RAS

YES because if you do not do this, you will run out of time. Please today.

And without an incoming inventory signed by you both, the LL has no proof of any damage so cannot deduct anything.