Deposit advice

roguebrogue

Hi everyone,

Just wanted a bit of advice or guidance on where I can get advice about my tenancy deposit... apologies because I'm sure this sort of thing gets asked all the time.

I rented a flat for 8 years and moved out on the 1st July this year. New tenants moved into the flat on the same day that I moved out.

The closing inspection wasn't done at the old flat until 22 days after I moved out - and obviously the new tenants had been there 22 days. The pictures the agents have sent me are dated 22/07 - the closing inspection was sent to me on the 27/07 - this didn't indicate how much I was being charged.

I have today been informed that they are charging me £454.50. This include £55 cleaning job for fleas (which I accept - I have 2 cats), £95 for cleaning the carpet and £150 for redecorating the hall, and multple small charges for things like marks on walls/tables.

I have a few issues/questions:
- Is this even enforcable given that they didn't do it until new tenants had been in there for 22 days? (One of the things they are charging me for is a stained chair which is actually the new tenants!) - is there some sort of time limit with which they have to put in a claim against my deposit?

- 8 years is a long time and they didn't do an inspection when I moved in as I was taking the tenancy over from some friends that were living there at the time. They have no pictures from that time - how much does wear and tear allow for re:marks on walls/old carpet?

-There are items listed as missing, which they are charging me for, on there that were either - there when I left (don't know what the new tenants did with them) or broke ages ago and I replaced with new things (like a ratty old fabric wardrobe which I replaced after about 5 years with a sturdier more expensive one.)

- The landlord/agents have visited the property multiple times over the 8 years I was there and have never pointed out any issues. The landlords didn't re-decorate once while I was there....and I have no idea how long things like the carpet etc had been there before I moved in.

I'm sorry for the ramble but I'm really just looking for some advice about whether I should just pay them or dispute it - alternatively if anyone could point me in the direction of where to get guidance that would be great.

Thanks in advance

FBaby

Is this even enforcable given that they didn't do it until new tenants had been in there for 22 days?

If indeed they can't prove that the inspection happened when you handed back the keys (at default of doing it in your presence), then they will very much struggle with any claim. Saying that, you can't just go by the date of the pictures, for all you know it is the date they printed them, so are you sure the inspection was carried out on this day, or are you going by that date on the picture to make that assumption?

8 years living there, there will be an expectation of high level of wear and tear, so even if they claim something, W&T would be deducted, and that might mean that the claim is significantly reduced.

The landlord/agents have visited the property multiple times over the 8 years I was there and have never pointed out any issues. The landlords didn't re-decorate once while I was there....and I have no idea how long things like the carpet etc had been there before I moved in.

The fact that they never pointed out any issues (a common argument by tenants) is irrelevant as officially, you can do what you want to the property (assuming it isn't affecting health and safety, or creating damage etc...), as long as you put it back to what it was (minus W&T) when you leave the property.

Was an inspection done when you moved in? With many photographs? Signed by yourself?

I would defintely dispute, especially if you have confirmation that the inspection took place after the new people moved in, they would have little chance to get anything at all!

roguebrogue

Thank you for the reply!

The date is actually on the pictures - I assumed this was done by the camera when they took then but I could be wrong?

They definitely didn't do the inspection until after the new tenants moved in - they were actually moving in as I moved out. In all the pictures I can see the new tenants stuff. For example the chair damage they are charging me for - there's a picture of the chair and it definitely isn't one that I left there.

Also when I moved in I was added to an already existing tenancy agreement, no inventory was done. When those tenants moved out I took the tenancy on myself and no inventory was done - definitely no pictures taken. If I remember rightly they told me to sign a letter saying I was happy with the condition of the property and that was it.
I am going to dispute it as it all seems unfair....I'm just a bit scared!

dancingfairy

Do you have any evidence of the state of the place when you moved in or out? It's up to the landlord to prove their claim against the deposit but obviously if you have any evidence you can use it to dispute their claim then it can only help.
df

roguebrogue

I took a few pictures but nothing in depth. They definitely show how empty the place was compared to the pictures they've taken with all the new tenants stuff in. I was naive and thought I had a good relationship with my letting agents so thought they would be fair - didn't even consider that I should have taken loads of photos. I've learnt my lesson on that!

KRB2725

Is there an inventory from when you moved in? If there isn't then how can they hold you responsible when there is no proof it wasn't there when you moved in?

Regardless of that, after 8 years I would consider any redecoration to come under fair w&t. Dispute the charges via the deposit service that your deposit was registered with.

Vestra

Who is the deposit held with as you will be able to dispute it through them.

roguebrogue

Thank you for the replies guys

I have just sent an email to my letting agents outlining my disagreements and what I accept resposibility for. My deposit is registered with TDS so I will raise a dispute with them if I don't get any joy with the letting agents.