Landlord saying house was left 'Filthy' on departure.

Midwife

We've recently moved out of a rented property because the landlord wanted to sell up. We found another property and moved out ASAP as we recognise it's his property to do as he wishes and had no desire to cause problems. This is actually the second time we had lived in the property as he did the same previously and came knocking on our door later down the line saying he couldn't sell and would we like to rent it again. Anyway.

We moved out last week and he had not contacted us about returning the deposit (not protected, found out potential implications of this recently) I pushed him on Wednesday and again today, he contacted me this evening saying he had visited the property briefly and said it was, and I quote 'filthy' and require 'professional cleaners' when pushed for examples he said their was brown mould type substance in the silver creases of the upvc windows, he did not cite any other examples.

The day of moving we scrubbed the house as did my mother and mil, in the days leading up I steam cleaned virtually all surfaces and would genuinely say the place was clean. Not professionally clean but high standard normal clean. Tenancy agreement does not state it had to be professionally cleaned on departure (and it wasn't last time we moved out). There was some mould on a wall behind a cupboard and I don't recall scrutinising the window frames but the house was cold, poorly ventilated and badly heated.

I'm going to view the house with the landlord but want to know how you would proceed. I'm furious.

tumbledowngirl

Surely reminding him that you can sue him for 3x the deposit will make him reconsider his claims?

BitterAndTwisted

It doesn't matter what the landlord thinks or feels about the condition of the property after you left. What does matter is how the dual-signed check-inventory described the cleanliness of the property at the start of your tenancy. If he has no documentary evidence, he has no evidence at all.

He starts making threats about charging you for cleaning and you warm him about the consequences of not protecting your deposit. Non-protection is not optional, and you have six years (I think) to ask a court to award you up to three-times the deposit-value as a penalty.

If he wants to play hard-ball with you, you can play a harder game back.

Midwife

There was no inventory when we moved in. Just double checked the tenancy agreement again and it says the property has to be left in a similar state of cleanliness to which we found it. As we cleaned it on moving out last time it was clean but had been empty for 8 months so was a bit dusty etc.

Midwife

I have no documentary evidence that the deposit is not protected, I just never received confirmation that it was. I suppose I need to contact him and ask for the details of the deposit scheme as technically this would be a deposit dispute if it was protected. That will then force him into either supplying details or admitting it isn't protected? Can he protect it retrospectively?

jaylee3

Oh Landlords! They do love to try it on! :rotfl: Suggest you go with the advice in post number 2. The guy is a cheeky w@nker who fancies his chances. Ask him if he want to stick a needle in your arm to draw some blood too!

And landlords wonder why they have a bad name? ANY excuse to rip off tenants!

jaylee3

Midwife wrote: »

I have no documentary evidence that the deposit is not protected, I just never received confirmation that it was. I suppose I need to contact him and ask for the details of the deposit scheme as technically this would be a deposit dispute if it was protected. That will then force him into either supplying details or admitting it isn't protected? Can he protect it retrospectively?

But he can't prove it IS protected can he??? (Obviously not if it isn't...)

pmlindyloo

Midwife wrote: »

I have no documentary evidence that the deposit is not protected, I just never received confirmation that it was. I suppose I need to contact him and ask for the details of the deposit scheme as technically this would be a deposit dispute if it was protected. That will then force him into either supplying details or admitting it isn't protected? Can he protect it retrospectively?

Check whether your deposit is protected here:

http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes

Also have a look at your tenancy agreement. Usually the information about deposit protection is within the agreement.

Also read up on the Shelter website about the law as regards deposit protection.

duchy

By all means agree to an inspection .....and take a camera with you.

A friend of mine moved out of a property and the LL witheld the deposit (history was he'd neglected the property so badly that enviromental heath stuck an order on him to do repairs and his response was to give my friend notice- was a right charmer). She took him to court for her deposit and he produced photos of the flat taken when the tenant before her moved out and before he'd cleaned up their mess (alcoholic - wrecked the place and bottles everywhere). Photos weren't time/date stamped and my friend had no proof when the photos were from so lost.

Midwife

No record of any deposit with the links provided (thank you!)

Midwife

Duchy was your friends deposit protected?

If I 'take him to court' is it disputing the level of 'filth' or purely because the deposit wasn't protected and so all bets are off with respect to anything else?