tenancy deposit, should I dispute...

luvvlyjubbly

I rented a property through an estate agents 12 months contract, they are witholding my deposit.

My son accidentally burnt the worktop when he briefly put down a cast iron pan as it was burning him......I fully acknowledge we would have to pay back something and as the agency lady was unwell on the day and following 2 weeks so therefore I did not get chance to "check out" with them....I explained to the receptionist about the burn as not wanting look as though I had something to hide.

The burn is approx the size of a 10pence and as the worktop is black granite effect I used black nail varnish which made it barely noticeable at all.

When I finally get an email back, to my disgust they stated I left the house unclean.....I spent the best part of 3 days steam cleaning from top to bottom......the already threadbare carpets were cleaned by a professional....they said they weren't clean enough and wanted me to pay again...i showed them receipts and asked them to ring the company.
The main reason for moving was because of the dampness which only became apparent after I moved in as the place had had a quick paint over to cover it up......this becomes a long story but they tried to blame me for condensation, although i reported leaking drainpipes, and smelling of damp throughout...

They slammed me with a £450 bill to cover everything.....I had offered £50 as compensation to the worktop as it must be about 8 years old, still in fair condition (faint scratches etc) and when i moved in the kitchen had patches of peeling paint and was just ok, certainly no show home.

There has been a few emails, mainly of my complaints of renting me a property they knew was damp and about how i was not prepared to pay anything for cleaning when it was how I moved in. Not to mention the mice problem!!!

Today they have sent me this email below.....should i stick to my offer of £50?....offer to pay £68 the price of the new worktop in B&Q?....meet them half way?....or tell them to stuff it and go for dispute?...or any other suggestion?

ps....the wire at top of stairs and trim on window, i have no idea what they mean and I'm still waiting on photos, would think they would come under fair wear & tear anyway.

Further to your email below and to your telephone call to Rebecca requesting that we now put this into this matter in the hands of the Dispute Services. I would like to try to come to a compromise on this matter, as we now have potentially new tenants that are willing to take on the responsibility for the majority of the works raised. The new tenants will undertake a redecoration programme of the house together with the cleaning of the property and the upkeep of the garden. Therefore this would just leave the burnt worktop, re-fixing of the wire to the landing and the missing plastic trim to the window sill of the rear Patio doors, which require repaired/replacing and is covered in the invoice, attached again for your information. I can advise that unfortunately the kitchen worktop is not repairable and will require replacement. The total cost of these items is £165.

I would really like to come to an agreement on this matter in order we can finalise your deposit.

benjus

They can't charge you for an entire new worktop - the most they can charge you for is the amount of the expected lifetime of the worktop you caused them to lose - so if, say, the expected lifetime is 10 years and you completely destroyed it when it was 8 years old, the most they could charge is 20% of the replacement cost. But it wasn't completely destroyed, just damaged, so I'd put the figure at less still. So I think I'd stick to my guns and the offer of £50.

Is there a dual-signed inventory/check-in report? What does it say about the condition of the worktop, the cleanliness of the property and other issues they are claiming for? Was the deposit protected correctly and the prescribed information issued? Which part of the UK is the property in?

luvvlyjubbly

Hi yes there was an inventory I signed but my copy got damaged.....I do recall it stating light scratches but in good condition....
The property (in the North East) was ideal for me as I have a large family and was 4 bedrooms, in a nice area....the decor was very dated but it had been painted and needed some where pretty quick and really there was no other suitable accomodation.
It didn't take long for mould patches to be cropping up everywhere....and if it rained at night i would be kept awake by the rain pouring through a leak in the drainpipe and bouncing off my window sill.....i reported this and the lady came round and from the street view said sh couldn't see a problem.....i have all this info in messages so can and will use if needs be.
But back to the worktop as I now think they are calling my bluff....the burn as i say is really not noticeable, yet the flaky patch nearby on the wall, is very noticeable but that was there when i moved in and is in the inventory.....so I just assumed they won't replace and my offer was reasonable for a fairly average house.

I said it should be them compensating me for my son being quite ill with his asthma last winter!