Landlord saying house was left 'Filthy' on departure.

pmlindyloo

Midwife wrote: »

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?

What is being suggested is that if your deposit wasn't protected and/or you weren't given the prescribed information that you use this as leverage to get your landlord to return your deposit in full.

But first find out whether your LL has protected the deposit!

BitterAndTwisted

He can't make any deductions from your deposit as he has no proof that you left the property dirtier than when your tenancy started. In order to justify any deductions he will need documentary evidence. He doesn't have any. The onus is on him to prove his position, you don't have to prove anything.

If you start proceedings in court, what you ask the court for depends on whether he's retained any of your deposit-money or not. Regardless of any deductions he is at risk of you asking the court to impose a penalty of up to three-times the deposit value for non-protection.

The threat of court should be enough to persuade him not to make any unjustified and unreasonable deductions, and to return your deposit in full tout bloody suite.

harrys_dad

So, deposit not protected and no dual signed inventory from start of tenancy. Tell him you want your deposit back right now, he does not have a leg to stand on. If he refuses tell him you will sue him for three times deposit for non-protection, as well as for return of deposit. Plenty of people on here will tell you how to do both of those things.

duchy

Midwife wrote: »

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?

Two seperate issues

Issue He is trying to make (disputed) deductions from a deposit he is holding unlawfully as he didn't protect it as the law demands he does.

My friend's case had nothing to do with whether the deposit was protected -hers was simply he said she'd wrecked the place-she said she hadn't . She had no proof when the photos produced were taken and had none of her own to counter his claim (with hindsight she'd have taken photos with a digital which stores the date on each photo to prove the condition of the property when she left)

Midwife

Ah ok. Sorry, not being deliberately obtuse, just trying to ascertain if I end up having to take him to court to get the deposit returned, could he then counter claim that I have left the property filthy? If so then I should go on Sunday and take pics to prove that this is not the case?

dgtazzman

I wouldn't even bother going back to the property with the landlord, it is a waste of your time. Just tell him you received no confirmation that your deposit was protected and cannot find it directly with the protection schemes. Politely ask him for the details of under which scheme the deposit is protected and the reference number and watch him fall flat on his face.

Even if it does turn out to be protected, check your tenancy agreement, if there is no information in there, he has still acted illegally, there is a collection of statutory information you MUST be provided, if any of this information isn't given to you (either in the tenancy agreement of via a separate information pack), you can still sue the landlord for the full value of you deposit and up to 3 times this deposit in compensation.

If the landlord does survive all of the above, that means you deposit it protected. In this case, go to the scheme used, tell them no dual signed check-in inventory was made and based on this, you want your full deposit back, job done. Landlord hasn't got a leg to stand on.

I'd probably send him a sponge in the mail with a little note saying 'good luck', but that's just me.

P.S. Yes, he could counterclaim, that is his right. Any amount he claimed might be deducted from the compensation awarded to you, but as the LL doesn't have a signed check-in inventory, again, he has no grounds on which to base a counterclaim. A professional clean of a house is only around £200 anyway and that's including professional hub and oven clean. Around another £150 for a deep clean of carpets, but it doesn't sound like he was chasing you for that.

BitterAndTwisted

If you choose to go back to the property with your landlord, every time he points out something less than satisfactory your automatic response should be "But that's how it was when we moved in. Where is your dual-signed check-in inventory to confirm your position?. We're not agreeing to any deductions from our deposit when it's not justified and you didn't protect it as the law requires."

dancingfairy

I'm not sure I would go back to the property to be honest. What's to say the landlord hasn't been there and trashed it so when you go back it's not in the state you left it?
I would just not bother and just ask for your deposit back. No inventory at the start so no deductions.
df

topdaddy_2

Can some one explain the difference between very high standard of clean and professional clean?

wwtrend

You must ask your landlord who protected your deposit. He must tell you. Then you will know for sure if it was protected. Even if it was he should have given you the details of the protection which has to be done within 30 days of taking the deposit. If he does it late that will show up. If he didn't protect it on time you can claim 3x the deposit if you decide to take it further.

The issue of the place being left 'filthy' is one the landlord needs to take up with whoever protected the deposit if he feels he is entitled to retain some of the deposit. If it wasn't protected then he should lose any claim you make.


Tell him you do not accept it was left filthy and you engaged help for the departing cleaning process. ie a witness. If he tries to make a counterclaim as others have said he would be required to prove it and demonstrate it wasn't like that when you moved in.
For the future take photos at the beginning and end of a tenancy but I wouldn't go back now. Just a tip is that steam cleaners are great but if used when the house is not ventilated properly can cause the type of mould the may have been referring to. If it's just on the windows then it just needs to be wiped down and not worth the landlord making a song and dance over. I don't know how long you were a tenant but it sounds to me as if you have acted responsibly and reasonably upon leaving.
To make a claim the place was left filthy there has to be evidence of before and after, taking into account normal wear and tear.

I think your landlord is just trying it on a bit. If you do choose the court option I would get advice, either citizens advice or shelter as previously recommended.