Deposit Dispute

penthouse89

Hello everyone,

I have searched for the above and read through a lot of threads on MSE regarding deposit return. I moved out of my property on the 6th of April after a ten month tenure. I provided notice correctly, handed in the keys on time, and cleaned the property to a better standard than it was when I moved in. When I chased the inspection report from the check out (unfortunately I couldn't be present due to work), I was sent the below (please forgive the long post).

Hope you are well,

I have detailed below most of the cleaning issues noted at the move-out inspection, there is also a few further issues we are awaiting quotes for and a reply from the landlord as to his thoughts:-

· Lots of scuffs and marks to the walls – some should wipe off.

· Living room window frames are dusty.

· Living room carpet is heavily marked – some marks were there before you moved in but there is further marks now and carpet will need to be professionally cleaned.

· Living room skirting boards are dusty and walls are dusty in places.

· Living room - thermostat, intercom, plug sockets and switches are dusty.

· Bedroom door faces are dusty.

· Bedroom window frames are dusty.

· Bedroom carpet is marked and needs professionally cleaned – this was detailed as being in a good condition when you moved into the property.

· Bedroom – many scuffs and marks to walls, some cobwebs to walls and skirting boards are dusty.

· Bedroom - plug sockets, switches etc. are dusty.

· Bathroom – both door faces are dusty.

· Bathroom - flooring needs cleaned, some dirty foot print marks etc.

· Bathroom – few cobwebs to walls, shower cubicle wall tiles are streaky and need a light clean and skirting boards are dusty.

· Bathroom - wash basin needs light clean in particular around hot tap, toilet and seat need a light clean – toilet is also loose from the wall.

· Bathroom - shower doors need a light clean, shower head wall fitting is slightly loose from wall and needs cleaned, shower tray needs rinsed and shower tray seal needs to be replaced as peeling in several places.

· Kitchen – both door faces are dusty.

· Kitchen – lots of scuffs and marks to plaster painted walls, wall tiles need cleaned and grout is discoloured in places – in particular above hob.

· Kitchen – skirting boards are marked and dusty.

· Kitchen - plug sockets are sticky to touch.

· Kitchen – right hand under plinth is loose.

· Kitchen - wall and base units need a light clean including handles.

· Kitchen - extractor fan buttons are greasy to touch, extractor filters are also very greasy.

· Kitchen - hob rings are greasy to touch and also greasy marks around hob rings.

· Kitchen - oven needs a light clean inside and oven door seal has snapped, this is hanging loose at bottom and will need to be replaced.

· Kitchen – washer dryer needs to be cleaned including powder draw which is dirty, the powder door plastic front doesn't appear to close fully, the internal rubber seal is marked and there is a small amount of water holding inside the washer dryer.

· Kitchen - both the fridge and freezer need a light clean inside- draws etc. are sticky to touch.


I have detailed above most of the cleaning issues, we have received the cleaning quote of £160.00 from Dust in Time to include the carpets and the landlord would like this amount withheld from the deposit.

We do also have an issue with the smoke/fire alarm in the living room that is constantly beeping and needs a new battery, also the oven door seal has snapped and will need to be replaced.

The landlord would like the cost for the smoke alarm to be fixed withheld from the deposit and I’m waiting to hear back from the landlord regarding the oven door seal that is snapped – did you notice this during your tenancy?

I have never failed to have my deposit returned in previous tenancies, and I was especially conscious of my deposit being returned in this tenancy because the reason I left the property was that I was dismissed from employment, so I am very conscious and needing of my deposit returned, and ensure the property was left in outstanding condition. My deposit was equal to one month's rent (£400).

I have photographs that dispute many of the claims (other than the oven seal, which I had not noticed and will happily pay to replace).

Can one of the veterans here advise me? I'd be very grateful, if so.

I've started to draft a response to the LA, however I'm not entirely sure what can be considered wear and tear. I know the property was very clean, higher than the standard of a professional cleaner, as I have obsessive compulsive disorder, which causes me to clean.

penthouse89

This is my reply thus far:

Hello Scott,

Please see my points in red in response to your listed issues below. I would also like to be furnished with photographs, where applicable of the damage/cleaning issues outlined before. I have a set of photographs taken the day I handed in the keys to the property:
· Lots of scuffs and marks to the walls – some should wipe off.

Scuff marks present upon move in

· Living room window frames are dusty.

Entire flat vacuumed and dusted the day before the end of the tenancy, including window frames

· Living room carpet is heavily marked – some marks were there before you moved in but there is further marks now and carpet will need to be professionally cleaned.

Carpets were not professionally cleaned on move-in, and marks were noted on the incoming inventory.

· Living room skirting boards are dusty and walls are dusty in places.

All rooms were completely dusted including skirtings, picture rails and architraves on the day the keys were handed in.

· Living room - thermostat, intercom, plug sockets and switches are dusty.

As above, the entire flat was dusted on the day the keys were handed in.

· Bedroom door faces are dusty.
As above, the entire flat was dusted on the day the keys were handed in.

· Bedroom window frames are dusty.

As above, the entire flat was dusted on the day the keys were handed in.

· Bedroom carpet is marked and needs professionally cleaned – this was detailed as being in a good condition when you moved into the property.

Please furnish me with photographs of the marked areas, if these aren't considered to be fair wear and tear, on a carpet that was not brand new when I moved in, I will cover the cost of cleaning.

· Bedroom – many scuffs and marks to walls, some cobwebs to walls and skirting boards are dusty.

As above, the entire flat was dusted on the day the keys were handed in.
· Bedroom - plug sockets, switches etc. are dusty.

As above, the entire flat was dusted on the day the keys were handed in. In particular, the bedroom plug sockets are of the "flush" type, and there is nowhere for dust to lie?

· Bathroom – both door faces are dusty.

As above, the entire flat was dusted on the day the keys were handed in.

· Bathroom - flooring needs cleaned, some dirty foot print marks etc.

Flooring was polished clean the day the keys were handed in.

· Bathroom – few cobwebs to walls, shower cubicle wall tiles are streaky and need a light clean and skirting boards are dusty.

As above, the entire flat was dusted on the day the keys were handed in.

· Bathroom - wash basin needs light clean in particular around hot tap, toilet and seat need a light clean – toilet is also loose from the wall.

Please provide photographs of the above - the wash basin, lavatory and shower were all cleaned prior to the property being vacated

· Bathroom - shower doors need a light clean, shower head wall fitting is slightly loose from wall and needs cleaned, shower tray needs rinsed and shower tray seal needs to be replaced as peeling in several places.

Shower screens were cleaned prior to the property being vacated. Shower tray seal issue was highlighted in the last routine inspection, fixtures and fittings are the responsibility of the landlord, and sealant coming lose should be deemed fair wear and tear.

· Kitchen – both door faces are dusty.

As above, the entire flat was dusted on the day the keys were handed in.
· Kitchen – lots of scuffs and marks to plaster painted walls, wall tiles need cleaned and grout is discoloured in places – in particular above hob.

Excluding marks to walls, which can be

· Kitchen – skirting boards are marked and dusty.

· Kitchen - plug sockets are sticky to touch.

· Kitchen – right hand under plinth is loose.

· Kitchen - wall and base units need a light clean including handles.

· Kitchen - extractor fan buttons are greasy to touch, extractor filters are also very greasy.

· Kitchen - hob rings are greasy to touch and also greasy marks around hob rings.

· Kitchen - oven needs a light clean inside and oven door seal has snapped, this is hanging loose at bottom and will need to be replaced.

· Kitchen – washer dryer needs to be cleaned including powder draw which is dirty, the powder door plastic front doesn't appear to close fully, the internal rubber seal is marked and there is a small amount of water holding inside the washer dryer.

· Kitchen - both the fridge and freezer need a light clean inside- draws etc. are sticky to touch.

With regards to all of the above - the kitchen was fully cleaned at the time of vacating, including the oven, hob, fridge and freezer. The washing machine may require a small amount of cleaning, the powder drawer has never been used during the tenancy, however. I have always used in-drum detergents. If there is any dirt on the powder drawer, it has been there the entire time of the tenancy. The kick board was certainly in position when I left the flat. The oven door seal appears to be loose in the photographs I have taken upon leaving, I had not noticed this during my tenancy, however it appears to have been present at that time.

I have a full set of photographs, taken at the end of my tenancy, that reflect the condition of the above. I believe scuffs to the walls should be considered as fair wear and tear, as the flat had not been newly decorated when I moved in, and has been occupied by myself for a further ten months, white matt emulsion is not the most robust paint surface in any domestic circumstance. The same applies to the carpet, unless any specific marks can be pinpointed as being caused by me, I will assume they are outlined in the signed inventory.

I have detailed above most of the cleaning issues, we have received the cleaning quote of £160.00 from Dust in Time to include the carpets and the landlord would like this amount withheld from the deposit.

We do also have an issue with the smoke/fire alarm in the living room that is constantly beeping and needs a new battery, also the oven door seal has snapped and will need to be replaced.

The smoke alarm will only beep when the flat is cold and unoccupied. As the flat had been unheated, this is why the alarm beeps. I have twice replaced the battery in this smoke alarm and found that it does this with every battery fitted.

The landlord would like the cost for the smoke alarm to be fixed withheld from the deposit and I’m waiting to hear back from the landlord regarding the oven door seal that is snapped – did you notice this during your tenancy?

I would be prepared to meet the landlord half way on the oven door seal, seeing as this is not a brand new oven, and that I did not notice that it had snapped, I would also be prepared to cover the cost of cleaning the washing machine, as this is something that I have overlooked.

For the rest of the alleged cleaning issues, I have photographic evidence that shows that the property was cleaned to equal or better standard than when the tenancy commenced.

I would also like to state that even during the most thorough clean, dust that has been disturbed will potentially resettle in places. This should be taken into account, as well as the age of the property and the poor insulating properties it has as a result (for instance, the chimney being open results in a large amount of dust settling around the rooms, even with regularly cleaning, polishing and vacuuming.

anselld

There is little point in debating the fine detail on here.
The general advice would be to check your deposit is protected under a proper scheme. Then if you cannot reach agreement with the LL, raise a dispute via the scheme and present them with all the above details.
Dispute does take time though, so if you can reach agreement if would be quicker.

Pixie5740

Did you sign an inventory when you moved in?

I agreed with andselld that you should log into whichever DPS website your deposit is being held at and reclaim it sooner rather than later.

penthouse89

Thanks for the responses.

The deposit is correctly protected, and I did sign an inventory when I moved in, but it doesn't go into a great deal of detail.

I was just wondering if I've worded my reply to the right effect, as such. Basically, their claims are absolute tosh, and my photographs prove this.

SerialRenter

I wouldn't be asking for them to provide evidence as this'll give them more ammo when you take it to arbitration. Better to go directly to the deposit scheme you're using and claim for the amount you feel you should be returned for you.

Then the protection scheme will make an impartial decision based on the evidence submitted.

edit:

but it doesn't go into a great deal of detail.

This is beneficial for you.

DRP

Yep, don't admit anything and don't bother giving a detailed reply. save it for the dispute process.

Just get on the website and claim the full amount. It sounds like the sparse inventory will be in your favour.

DRP

penthouse89 wrote: »

Thanks for the responses.

The deposit is correctly protected, and I did sign an inventory when I moved in, but it doesn't go into a great deal of detail.

I was just wondering if I've worded my reply to the right effect, as such. Basically, their claims are absolute tosh, and my photographs prove this.

If their claims are tosh then it sounds like they're chancing it. Go straight to the dps.

ConfusedofYorkshire

The first thing I do when I leave a property is go onto the website and reclaim my full deposit. Don't wait around for them, don't get into conversation. Just claim it, they'll probably dispute it but then at least you're in the system and so should lead to the quickest resolution.

penthouse89

Thanks guys, never had this problem before. The part that annoys me is that the agent actually remarked in my interim report about how well cleaned and cared for the property was. Was really surprised to see them chancing it.

Should I claim the full amount back and let them dispute it?

anselld

penthouse89 wrote: »

Thanks guys, never had this problem before. The part that annoys me is that the agent actually remarked in my interim report about how well cleaned and cared for the property was. Was really surprised to see them chancing it.

Unfortunately that remark itself should ring alarm bells. It is none of the EAs business how you live during the tenancy. The purpose of the interim inspection is for them to perform their repairing obligations, not to check up on your lifestyle.