Taking Money off of my Deposit

Chatty555

Hi guys!

I've never rented before, and now I'm leaving my tenancy. I would really appreciate your advice and with the understanding that I've never rented property before. They have decided to charge me for three things:

* A Deep Clean
*Broken Milk Shelf
*Base of blinds cracked on both sides
They said they would inform me of the costs after they have charged and carried repairs out.

My idea of an initial response to them was to bring up the following:

That I dispute all three claims. That I would like evidence showing the difference between how my apartment is as I left it and their 'deep clean'. That I would recommend they don't carry out their 'deep clean'.
For them to point out anywhere where I agreed to leave the apartment in the state of a "Deep Clean" as I was asked in a letter to leave it how I found it and there was quite a lot of dust on top shelves for instance ( Wouldn't be surprised if after their 'deep clean' I could return and find that level of dust again, was thinking of not saying this in the initial response though). That it is in fact in a cleaner state than how I found it.
That I would like photographic evidence of the broken milk shelves.
That two blinds were marked as cracked when I entered and if they aren't referring to this, I'd like photographic evidence of this and also to know how they can not justify that as natural wear and tear over 6 months seeing as they were acknowledged to of been broken at the start.

Also, I wanted to ask them how much they are willing to give to me in compensation considering they promised to fix a fully cracked panel on my balcony, which was something they missed on their initial check in list. (I also have an email where an employee informs me that it will be fixed on 'Wednesday morning next week' from nearly two months ago.)


Please let me know how you think I should proceed and whether this is the right track to getting my deposit back in full.

tumbledowngirl

Presumably they have raised a dispute with one of the deposit schemes?
In which case, the onus is on them to prove what they are disputing. The judgement will go on the weight of evidence.
You simply need to put in your counter-dispute and wait for judgement.

Pixie5740

Was an inventory taken at the start of your tenancy? Did you check it and sign it? If no inventory was taken then the LA are going to have a hard time proving you caused any damage. If on the other hand you signed the inventory without checking it then you've just learned an expensive life lesson.

Log into whichever scheme your deposit is being held in and reclaim the full amount if you dispute the charges.

Chatty555

Yes I did a check list. But they said on the check list *two cracked blinds*
I believe those were the cracked panels they are referring too. Surely a place that had two cracked blinds as a norm can objectively accept the cracked panels as ware and tare even if they are saying it's something different?

Milk shelf, I don't know what they are talking about. I'd like to see evidence.

Deep clean, they place was dirtier when I entered and I signed nothing to my memory of anything in terms of 'deep clean'. It was 'as i found it'

Also, the issue of the cracked panel they never replaced, which they made a date (to which I have evidence) to replace. They made no other dates. Just forgot.

Would you recommend I raise the issues with them as well as the deposit scheme?

Pixie5740

Forget about compensation for the cracked panel on the balcony, you're on a hiding to nothing with that one. When nobody turned up to fix the cracked panel did you continue to pursue it being fixed?

The onus is on them to prove you caused any damage over and above fair wear and tear. The check-in inventory doesn't sound like the most comprehensive that I've ever seen. Was it just a written inventory or were there any photos?

I don't understand what you mean about cracked blinds and cracked panels and objectively accepting things.

tumbledowngirl

Pixie5740 is correct - unless there is an inventory that adequately shows the state of the property when you moved in, the LL/agents will have a great deal of trouble proving their case.


As suggested, simply log into the deposit scheme your deposit is held in and reclaim your deposit in full. It will then be up to your LL to raise a dispute and submit any evidence they need to support their claim.
The dispute will be settled on evidence alone, NOT the weight of probability.

discerningspender

Chatty555 wrote: »

* A Deep Clean

A common trick, they can only require the property is returned to the standard it was when you moved in, nothing more, yet many try it on. If you have a pair of inventories (check-in/check-out) then you only need to pay for any cleaning needed to return the house to the condition on the check-in inventory. If you don't then it's unlikely that the LL will be able to successfully claim much. You'd only have to pay for a deep clean if they have reciepts showing one was done before you moved in (unlikely as its usual to charge for but not do one, which is allowed). Note that even if you have signed to agree to a deep clean this is an unfair clause and is therefore unenforcable: you cannot be held to anything more than returning the property as you found it.

Chatty555 wrote: »

*Broken Milk Shelf
*Base of blinds cracked on both sides

Again to claim for this the LL will need a pair of inventories, ideally with the check-in signed by you, showing that the items weren't damaged on entry, but were on exit. If they don't have this proof (or a very convincing alternative) then the DPS will not uphold their claim. So yes, ask for the inventories if you don't have them.

Chatty555 wrote: »

They said they would inform me of the costs after they have charged and carried repairs out.

It doesn't matter whether they spend the money or not. It would be unwise for them to do so if they're relying on you funding them, since the fact that they have already spent it is irrelevant to the decision of whether they can take the deduction.

As others have said the compensation is a no go, you'll not get anything for that.

Does one have to explicitly go to the DPS to claim back a deposit? Lots of people are suggesting this, but isn't it the case that if the LL proposes deductions the tenant has the opportunity to contest this before the remainder of the deposit is automatically returned?

Chatty555

Thank you for all your advice. Really appreciated.

"Does one have to explicitly go to the DPS to claim back a deposit? Lots of people are suggesting this, but isn't it the case that if the LL proposes deductions the tenant has the opportunity to contest this before the remainder of the deposit is automatically returned?"

Yeah, I would like to know if I can automatically claim it back (and how to do so) or if I have to raise a dispute with the TDS. I can't see a login on TDS website for tenants. Reading the TDS leaflet it seems to suggest not. That the LL needs to clear it and if there are reductions the tenant needs to dispute them in a event like this.

I remember what was the deal with the milk shelf now. I informed them immediately via email that they missed it on their check in and that the previous tenant had covered it up with sellotape. I have this email and their reply acknowledging it.

Chatty555

They have agreed ( it seems) to not charge me for the blinds and the fridge but they are still wanting to charge for the deep clean

"With regards to the deep clean we will be charging you for this, the apartment had undergone a professional clean prior to you moving in and we had requested that it was left in the same state after vacating."

Any advice on my response? Mention of the receipts prior to when I went in and evidence of the deep clean on the inventory I signed (there is none I can find), right? Anything else?

RAS

What did it say on the INVENTORY when you moved in?

Pixie5740

Chatty555 wrote: »

Thank you for all your advice. Really appreciated.

"Does one have to explicitly go to the DPS to claim back a deposit? Lots of people are suggesting this, but isn't it the case that if the LL proposes deductions the tenant has the opportunity to contest this before the remainder of the deposit is automatically returned?"

Yeah, I would like to know if I can automatically claim it back (and how to do so) or if I have to raise a dispute with the TDS. I can't see a login on TDS website for tenants. Reading the TDS leaflet it seems to suggest not. That the LL needs to clear it and if there are reductions the tenant needs to dispute them in a event like this.

I remember what was the deal with the milk shelf now. I informed them immediately via email that they missed it on their check in and that the previous tenant had covered it up with sellotape. I have this email and their reply acknowledging it.

TDS is an insurance backed scheme so I think the LL has physical custody of your deposit. There is an option to dispute any deductions from your deposit though.

https://www.tds.gb.com/deposit-disputes.html

Do you have the prescribed information giving you details of the tenancy deposit certificate code?

Chatty555 wrote: »

They have agreed ( it seems) to not charge me for the blinds and the fridge but they are still wanting to charge for the deep clean

"With regards to the deep clean we will be charging you for this, the apartment had undergone a professional clean prior to you moving in and we had requested that it was left in the same state after vacating."

Any advice on my response? Mention of the receipts prior to when I went in and evidence of the deep clean on the inventory I signed (there is none I can find), right? Anything else?

If the inventory doesn't state that a deep clean had been carried out prior to your tenancy starting then they're on a hiding to nothing. Remember, they need to prove that the property is dirtier than at the start of the tenancy and by the sounds of things the inventory doesn't prove that.