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Deposit Dispute - rented flat
hanfrangipane
Posts: 208 Forumite
Hi all,
I have recently vacated a flat that I rented with a friend and we are disputing a claim against our deposit and wondered if anyone had any experience/advice on how to proceed?
Bit of background - the landlord has been difficult throughout the entire tenancy and been VERY picky and we have cooperate throughout, including inspections every 6 weeks. During our tenancy the agents changed, but the landlord stayed the same. They don't have a copy of our signed inventory checklist which we returned to the original agency.
I'll copy our response to their original claim, and the agents response. The deposit is with the DPS so I understand there is a dispute process we can go through but wondered if anyone had first hand experience of the process to add.
Our response:
Please see our response to the check out summary report for xxxxxxx
1. Replacement Worktops
I have copies of correspondence with xxxxxx, where we disputed that the damage to the worktop was our responsibility, see attached. We received no further correspondence on this matter from either xxxxx or the Landlord and therefore considered this matter to be resolved. Please see attached photo of the underside of the worktop which clearly shows water damage to the plywood, therefore causing the melamine coating to peel back and snap off upon opening of the cupboard door. Damage as a result of water leakage from appliances is not our responsibility as tenants and extremely unlikely to have taken place wholly during our 20 month tenancy.
Furthermore, the worktop dates back to 2007 per the user manual provided with the property. To expect us to fully replace the work surface is betterment and unreasonable in our opinion. The damage to the worktop is cosmetic and does not impact the functionality of the work surface, therefore we will dispute any claim for full replacement of the item. At most, a nominal compensatory amount could be considered in our opinion, based on the current value of the worktop given that it should be depreciated for 7 years’ use, 5 of which were before our tenancy.
2. 4 hours cleaning
We paid for a 6 hour professional end of tenancy clean including an oven clean, please see attached invoice. Therefore we dispute that any further cleaning is required to return the flat to the same condition that we entered it in. Having inspected the flat once the cleaners had finished, I am satisfied that it was to an appropriate standard.
3. Broken window latch
The window latch broke as a result of the window hinges being particularly stiff. I notified xxxxx of the fault during our tenancy
4. Carpet clean
We paid for the hire of an industrial carpet cleaner and cleaned all the carpets in the flat. See attached invoice and note that the hour meter when the unit was returned, evidencing our efforts to leave the flat in a good condition and refresh the entire carpet surface. Also note that dirt marks on the carpet were highlighted to xxxxx when we commenced our tenancy.
5. Bin Catch
Agreeable to this point in principal subject to agreement of cost, given that the bin was not new when we moved in.
Goodwill items:
Whilst we appreciate the gesture of goodwill, we would also like to point out that certain items on that list were not present at the start of our tenancy per our inventory (particularly towels and tea caddy) and that the bath sealant was noted as moulding and discoloured when we moved in, therefore this is not as a result of our misuse. The lack of any form of ventilation in both bathrooms means that periodic upkeep of these items as a consequence of condensation forming is standard wear and tear on the property and the responsibility of the landlord. We would expect that the landlord is claiming wear and tear allowance within their tax returns, which should adequately cover these sort of works.
Additionally, we purchased any items which we felt we had lost from the inventory (see brand new glasses in cupboards).
In addition to the above points, I would like to note the fact that we have had satisfactory flat inspections recently, where the above points were not mentioned. The carpets were not in any worse condition when we vacated on the 20th January than at our last inspection, for example, and therefore we would have expected to have had some correspondence regarding this prior to us leaving the property if there were any issues.
Please could you provide details of who was present at the check out inspection and also a copy of our signed inventory which you are basing your claims on. We have attempted to leave the flat in a good condition and gone to the effort to do so in good faith that the claims on our deposit would be fair and reasonable. We are not implying that the entire claim is invalid, but that at present it is disproportionate to any condition that can be attributed to ourselves.
We look forward to your response,
Kind Regards,
And their reply....
Dear xxxxxxxx
We have all the final prices for the work that needed to be carried out, you will see that the total claim amounts to £379.99 we will submit a claim to the DPS for this amount. I have read your e-mail and would make the following comments
1. The worktop was look at by two separate contractors who agree that the damage was caused by the laminate being ripped away from the underside of the worktop caused by the towel rail that had been put on the unit door and was not caused by water damage. It also clearly stated in my e-mail that the worktop would be dealt with at the end of the tenancy, I had also attached the estimate from a contractor to resolve the issue.
2. I appreciate that you tried to clean the carpets, but I suspect that you hired something like a Rug Doctor from the supermarket which has not cleaned the carpets probably and in fact left dark tramlines in the hall way and did not get the stains off in the bedroom and lounge carpet. By experience this type of self hire machine is never as good as getting a professional carpet cleaning company in.
3. You state that you had the property professionally cleaned but they missed items such as inside kitchen units and draws, dirty utensils, Fridge freezer, behind all bedroom furniture. I think you need to take issue with the cleaning company you used and ask them for a partial refund.
4. I can confirm that the window handle was reported to us a few days before you vacated the property but this does not alter the fact that the handle had been snapped.
5. It was I who carried out the check out, I can confirm that we have an inventory on file but you failed to return a signed copy to the Citypadz office.
Tenant’s jobs
1. Replace damaged worktops as per letters £180.00
2. 4 hours cleaning £60.00
3. Replacing broken window latch £25.00
4. Carpet clean to hall bedroom 2 and lounge to remove stains £75.00
5. Replace bin as catch is missing. £39.99
Total to be deducted £379.99 The Landlords have asked us to point out items that they could claim for but as a gesture of goodwill for an early settlement of the deposit claim are prepared to forgo.
1. Missing tea caddie
2. One place mat missing
3. Two light bulbs out
4. Two missing duvets
5. Six missing towels
6. Stain on bedroom 2 mattress
7. Dig out and replace sealant to bath
Regards
I have recently vacated a flat that I rented with a friend and we are disputing a claim against our deposit and wondered if anyone had any experience/advice on how to proceed?
Bit of background - the landlord has been difficult throughout the entire tenancy and been VERY picky and we have cooperate throughout, including inspections every 6 weeks. During our tenancy the agents changed, but the landlord stayed the same. They don't have a copy of our signed inventory checklist which we returned to the original agency.
I'll copy our response to their original claim, and the agents response. The deposit is with the DPS so I understand there is a dispute process we can go through but wondered if anyone had first hand experience of the process to add.
Our response:
Please see our response to the check out summary report for xxxxxxx
1. Replacement Worktops
I have copies of correspondence with xxxxxx, where we disputed that the damage to the worktop was our responsibility, see attached. We received no further correspondence on this matter from either xxxxx or the Landlord and therefore considered this matter to be resolved. Please see attached photo of the underside of the worktop which clearly shows water damage to the plywood, therefore causing the melamine coating to peel back and snap off upon opening of the cupboard door. Damage as a result of water leakage from appliances is not our responsibility as tenants and extremely unlikely to have taken place wholly during our 20 month tenancy.
Furthermore, the worktop dates back to 2007 per the user manual provided with the property. To expect us to fully replace the work surface is betterment and unreasonable in our opinion. The damage to the worktop is cosmetic and does not impact the functionality of the work surface, therefore we will dispute any claim for full replacement of the item. At most, a nominal compensatory amount could be considered in our opinion, based on the current value of the worktop given that it should be depreciated for 7 years’ use, 5 of which were before our tenancy.
2. 4 hours cleaning
We paid for a 6 hour professional end of tenancy clean including an oven clean, please see attached invoice. Therefore we dispute that any further cleaning is required to return the flat to the same condition that we entered it in. Having inspected the flat once the cleaners had finished, I am satisfied that it was to an appropriate standard.
3. Broken window latch
The window latch broke as a result of the window hinges being particularly stiff. I notified xxxxx of the fault during our tenancy
4. Carpet clean
We paid for the hire of an industrial carpet cleaner and cleaned all the carpets in the flat. See attached invoice and note that the hour meter when the unit was returned, evidencing our efforts to leave the flat in a good condition and refresh the entire carpet surface. Also note that dirt marks on the carpet were highlighted to xxxxx when we commenced our tenancy.
5. Bin Catch
Agreeable to this point in principal subject to agreement of cost, given that the bin was not new when we moved in.
Goodwill items:
Whilst we appreciate the gesture of goodwill, we would also like to point out that certain items on that list were not present at the start of our tenancy per our inventory (particularly towels and tea caddy) and that the bath sealant was noted as moulding and discoloured when we moved in, therefore this is not as a result of our misuse. The lack of any form of ventilation in both bathrooms means that periodic upkeep of these items as a consequence of condensation forming is standard wear and tear on the property and the responsibility of the landlord. We would expect that the landlord is claiming wear and tear allowance within their tax returns, which should adequately cover these sort of works.
Additionally, we purchased any items which we felt we had lost from the inventory (see brand new glasses in cupboards).
In addition to the above points, I would like to note the fact that we have had satisfactory flat inspections recently, where the above points were not mentioned. The carpets were not in any worse condition when we vacated on the 20th January than at our last inspection, for example, and therefore we would have expected to have had some correspondence regarding this prior to us leaving the property if there were any issues.
Please could you provide details of who was present at the check out inspection and also a copy of our signed inventory which you are basing your claims on. We have attempted to leave the flat in a good condition and gone to the effort to do so in good faith that the claims on our deposit would be fair and reasonable. We are not implying that the entire claim is invalid, but that at present it is disproportionate to any condition that can be attributed to ourselves.
We look forward to your response,
Kind Regards,
And their reply....
Dear xxxxxxxx
We have all the final prices for the work that needed to be carried out, you will see that the total claim amounts to £379.99 we will submit a claim to the DPS for this amount. I have read your e-mail and would make the following comments
1. The worktop was look at by two separate contractors who agree that the damage was caused by the laminate being ripped away from the underside of the worktop caused by the towel rail that had been put on the unit door and was not caused by water damage. It also clearly stated in my e-mail that the worktop would be dealt with at the end of the tenancy, I had also attached the estimate from a contractor to resolve the issue.
2. I appreciate that you tried to clean the carpets, but I suspect that you hired something like a Rug Doctor from the supermarket which has not cleaned the carpets probably and in fact left dark tramlines in the hall way and did not get the stains off in the bedroom and lounge carpet. By experience this type of self hire machine is never as good as getting a professional carpet cleaning company in.
3. You state that you had the property professionally cleaned but they missed items such as inside kitchen units and draws, dirty utensils, Fridge freezer, behind all bedroom furniture. I think you need to take issue with the cleaning company you used and ask them for a partial refund.
4. I can confirm that the window handle was reported to us a few days before you vacated the property but this does not alter the fact that the handle had been snapped.
5. It was I who carried out the check out, I can confirm that we have an inventory on file but you failed to return a signed copy to the Citypadz office.
Tenant’s jobs
1. Replace damaged worktops as per letters £180.00
2. 4 hours cleaning £60.00
3. Replacing broken window latch £25.00
4. Carpet clean to hall bedroom 2 and lounge to remove stains £75.00
5. Replace bin as catch is missing. £39.99
Total to be deducted £379.99 The Landlords have asked us to point out items that they could claim for but as a gesture of goodwill for an early settlement of the deposit claim are prepared to forgo.
1. Missing tea caddie
2. One place mat missing
3. Two light bulbs out
4. Two missing duvets
5. Six missing towels
6. Stain on bedroom 2 mattress
7. Dig out and replace sealant to bath
Regards
0
Comments
-
If there is no dual-signed inventory from the check-in then the onus is on the landlord to prove you damaged the property. However, in your response you are admitting to causing some of the damage such as breaking the window latch.
EDIT: The landlord doesn't get a new for old on any items you have damaged in the flat either.0 -
You seem to know what you're doing, great email to them by the way.
As Pixie and you yourself noted, the landlord is not entitled to betterment.
They claimed they would submit the sum they would like to the DPS, my advice would be to not rely on them doing this, open a dispute yourself as soon as possible after writing (with proof of postage) back to tell them you still dispute the claims, minus any damages you feel you do owe (if you so wish).
I wouldn't get hung up on points about various items, as you've already had that conversation with them and it can be shown you've attempted negotiation before going to the DPS.*Assuming you're in England or Wales.0 -
Thanks both, appreciate the responses
I thought that was the case with the inventory.
We're happy to admit we damaged the latch, we just wanted to notify them that we'd tried to get it fixed prior to vacating.
Same with the worktop, the damage occurred during our time there but we're disputing it what caused the damage (I attached a lot of photos to our original email) and the amount that they are claiming.
I'll raise a dispute with DPS as you mention - don't know whether to suggest a claim amount ourselves? Or just let the DPS resolution process deal with that?
What are your thoughts on cleaning/carpet cleaning? The flat was bloody clean when I left it. perhaps the cleaners missed a few spots that I didn't notice in the stress of moving, but overall it was in a really good condition.0 -
The LA/LL would have to be able to prove that the condition of the flat when you moved in but without the check-in inventory they can't do that so I wouldn't sweat it too much. It sounds like you made a decent job of cleaning it and in my experience even when you leave a property in a clean state, LA like to charge you for cleaning anyway.0
-
:rotfl:Citypadz
Agree with others, without a inventory it is difficult for LL to claim.
However you have made their life easier by admitting in writing to several things which could cost you...
I wouldn't bother replying any further - now it is time to let the DPS do their stuff...0 -
Yeah, that's what I thought. Their original email of their summary just felt like they added those two items on as a standard matter of course as there was no elaboration as to why they were needed.
Will draft a letter to send to the LA today, then lodge a dispute with DPS. Do I just do that through the website or do I need to write to them too?
I'm thinking if I write a straight forward letter to LA, just referring to correspondence to date and stating that as we still disagree with their deductions we will be entering into a dispute process?0 -
:rotfl:
Agree with others, without a inventory it is difficult for LL to claim.
However you have made their life easier by admitting in writing to several things which could cost you...
I wouldn't bother replying any further - now it is time to let the DPS do their stuff...
When we wrote the first email we were trying to resolve the dispute without having to use DPS. It may cost us, but I'm hoping the DPS would view that as an attempt at cooperation on our part.
Out of interest, other than the bin and latch, which I'm happy to pay for (other than the fact that £40 for a bin is extortion!) which bits do you think could trip us up?0 -
I should imagine it'll be quite simple and nothing should trip you up.
The DPS will review the evidence provided by you and the Letting agent. That's your time to submit all the cleaning receipts and a statement where you can explain your side. Note the state of the property when you received it, the circumstances of any damage and most importantly, the lack of a duel signed inventory.
The DPS work purely on the evidence submitted and will not make judgement based on statements that are not backed up with proof. If the letting agency cant prove how you received the property then the DPS would have no choice but to find in your favour.*Assuming you're in England or Wales.0 -
Thank you, I shall do that.
I've just logged on to the DPS website and the LA hasn't made their claim yet. There's the option to 'start a single claim' or 'request a repayment'. Having read the FAQs it's the repayment request that I want, but I need to put in the amount that I'm reclaiming. We're not necessarily reclaiming the full £725 as I accept that some amounts could be deducted, but I don't want to commit to an amount.
Am I best waiting for them to submit their amount, then disputing that, rather than opening my own request?
Apologies for the simple questions but the DPS FAQ section isn't overly clear!0 -
I believe the process is to wait 10 days for them to respond. If they do not then start the single claim route.
I can't say I'm experienced with the system though, as my last landlord didn't even bother to protect my deposit!*Assuming you're in England or Wales.0
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