Deposit reclaim

HenrySmith

Tenancy has ended after 8 year on a 4 bed property. Up to 4 adults have lived in the property throughout tenancy. The deposit connected to the flat is £750. Initial tenancy started before April 2007 but has been renewed at least once since then, so I assume the law suggests our deposit should be in a protection scheme?

I wasn't at final check with LL ( I haven't lived there for 2 year but still have 1/3 of deposit tied up in it ). I had a conversation with LL after the check and they alluded to the fact they wont be returning any of our deposit, she stated reasons such as left items ( chest freezer, some dumbells ), stain on carpet, stain on mattress. She said she would let me know details when she had compiled her list of deductions.

That was over a week ago now and it is now approaching 2 weeks since end of tenancy.

It is my feelings that I accept certain deductions for removal of goods and cleaning of premises.
I don't accept that the costs would run to £750
So essentially I will be disputing their claims.

It is my thoughts that wear and tear on items within a property are open to much depreciation over 8 years. Especially when the items in concern are pretty cheap products that the company uses uni formally within hundreds of its properties, rendering them almost worthless after such a period of time.

So my next move this week? Contact LL asking for clarification regarding deposit protection scheme? Ask LL of their intentions regarding bond?
Does that sound like the best approach?
Any thoughts or advice would be most welcome

stator

Do you have any details of the Deposit Protection Scheme that was used? If not write and ask for the details from the LL. The procedure/timescales may different depending on which scheme it is

Deposits taken before 6 April 2007 do not need to be protected by a scheme such as The DPS. However, as an existing tenancy is renewed and a landlord agrees a new fixed-term tenancy, the initial deposit taken must then be lodged with a tenancy deposit protection scheme.

You are right that depreciation is considered when calculating deductions, if you stained a 5 years old carpet you wouldn't have to pay the entire cost for a new one.

HenrySmith

I dropped a letter through the agents office door last night and got a prompt response! Deposit is protected with Mydeposits, somewhat bizzarely it wasn't protected until April 2014, when the tenancy started 8 year ago and has been renewed yearly since then, but anyways its protected.
They also outlined exactly where they intend to deduct the deposit to the amount of £840 ( deposit is £750 ). The biggest two deductions are £360 for 3 mattresses and £200 for removal of items.
Now the £360 for the mattresses is particularly frustrating and a point i'll be disputing. The mattresses are in no worse condition than you'd imagine any mattress to be after 8 years use by adults! So reasonable wear and tear will be getting reeled out. And £200 to empty the flat seems unreasonable to me seeing as there wasn't much in it! Even if it took 2 men 5 hours at £10 an hour thats only £100! So i'll be going with something like that.
The next £300odd is made up of all sorts of claims, some of which i'll be disputing.
So my next step I think is to write a letter asking for a compromised amount, see if I can barter a positive resolution before taking it further...
Does this sound credible and the right steps too take?

Thanks for any comments

marcarm

I would dispute the whole lot.

It is for the LL to prove the deductions, not for you to disprove them.

stator

I wouldn't offer them anything. You gain nothing by making them an offer. Dispute the whole lot and let it go to Mydeposits. Prepare all the evidence you can and try to sound like a reasonable person, ie don't rant and rave. Just state things like the mattresses were well worn when you moved in and after X years of normal wear and tear were at the end of their normal lives.

HenrySmith

Thanks, I'll go with settling for no compromise then composing the the letter now