Informing a Landlord of intent to challenge deposit deductions

markelock

Hi


My SIL is being challenged to pay for several items/actions which she does not believe are applicable to her, including but not limited to, carpet stains (on old and very worn ill-fitting carpets), noted as marked on the inventory (May 2013), on a property she describes as being in poor condition when she moved in originally (I appreciate this is hearsay as I was not present at the time of signing)

She does have original photos of mold in the property, and a letter from her midwife mentioning this, so from an evidential perspective, there is at least something to substantiate it. In addition, several other issues have been present, but I don't want to elongate what could be a simple initial question or bore people to death.


During the tenancy, the Landlord has never viewed the property. Originally it was arranged through his representation/friend, and this has now moved over to an agency, acting on his behalf. There was no re-baselining of the inventory.

I think the concern is that the LL may be trying to renovate the property (and it's very very worn and tired in my opinion), at the Tenants expense.
I am pulling together a rebuttal to the agents report, but in the interim, is it worth stating very simply to the LL that the Tenant disputes the version of events? The deposit is protected, but she has not been given the details of this until after leaving and after requesting it from the LL.

AdrianC

markelock wrote: »

My SIL is being challenged to pay for several items/actions which she does not believe are applicable to her, including but not limited to, carpet stains (on old and very worn ill-fitting carpets), noted as marked on the inventory (May 2013), on a property she describes as being in poor condition when she moved in originally (I appreciate this is hearsay as I was not present at the time of signing)

The only thing that matter is what the check-in shows, and what the check-out shows. Then stir that gently with reasonable wear-and-tear (over three and a half years), and a light dose of reasonable expected life.

Basically, if a poor quality carpet can only be realistically expected to last (say) five years, then the absolute most she can be asked to pay is 30% - and even that only if it was brand new when she moved in. If the check-in and check-out support the claim.

I am pulling together a rebuttal to the agents report, but in the interim, is it worth stating very simply to the LL that the Tenant disputes the version of events? The deposit is protected

No, just make a claim for the full amount from the deposit scheme.

but she has not been given the details of this until after leaving and after requesting it from the LL.

Oopsy. She might like to remind him that that's illegal, and opens him to a court claim for up to three times the original deposit. If she's leaving after being given an s21 notice, then remind him that his failure to properly protect the deposit (including proper notification and provision of the paperwork to her) means the s21 is automatically invalid.

Marktheshark

You are wasting your time, she makes a claim to the deposit protection agent for the full amount.
Get this started ASAP.

markelock

Thanks Both for taking the time to read and reply. She has requested this now.

G_M

* Deposits: payment, protection and return

markelock

Hi


The Landlord has contacted her with the following


"I have £280 of costs to clean the property and remove items you have left...If I just put disagree on the website they will award me the full amount. Given you have been such a good tenant I am happy to come to an agreement with you"


To me this sounds like he is chancing his arm, and quite possibly bullying her into making a deal?


She is adamant that the house was in a poor state of repair when she rented it, and also that the landlord or his representatives have always been very slow to deal with issues.

AdrianC

Simply, he's wrong. The protection scheme will NOT just award him the full amount merely because he says so.

But did she really leave a stack of guff behind needing disposal?

Pixie5740

I wonder what he means by, "If I just put disagree on the website they will award me the full amount." That's BS. It's down to him to prove deductions are reasonable. If your sister is adamant that he will not be able to prove the deductions are reasonable and can't come to an agreement with the landlord she will need to use the scheme's ADR or take him to court.

pmlindyloo

markelock wrote: »

Hi


The Landlord has contacted her with the following


"I have £280 of costs to clean the property and remove items you have left...If I just put disagree on the website they will award me the full amount. Given you have been such a good tenant I am happy to come to an agreement with you"


To me this sounds like he is chancing his arm, and quite possibly bullying her into making a deal?


She is adamant that the house was in a poor state of repair when she rented it, and also that the landlord or his representatives have always been very slow to deal with issues.

So it seems that the LL is saying that the property was not left clean and there were items left which had to be disposed off.

So, the questions are, was the property left clean? (as detailed in the inventory) Were items left?

Two ways to go according to the answer to these questions:

1. Just use the Deposit Dispute Service
2. Negotiate with LL. Ask for a breakdown of costs and negotiate. Remind LL that deposit wasn't protected properly (is this true?). Negotiate, negotiate, negotiate.

markelock

AdrianC wrote: »

Simply, he's wrong. The protection scheme will NOT just award him the full amount merely because he says so.

But did she really leave a stack of guff behind needing disposal?

I know she left a wardrobe and a dining table (which were in good working order, my feeling is that's very possibly a benefit to the next tenant, but fair enough if someone has to collect it, that seems reasonable) I know she also left the dishwasher, but it's now advertised as having a dishwasher.


I've asked her to provide the £280 broken down by costs incurred


That would also include cleaning the carpets, but they really need replacing, it's possible they will get up and leave themselves in the not too distant future. However a point to note is, she had to clean the carpets when she moved in, as they were old and dirty then (May 2013)

markelock

pmlindyloo wrote: »

So it seems that the LL is saying that the property was not left clean and there were items left which had to be disposed off.

So, the questions are, was the property left clean? (as detailed in the inventory) Were items left?

Two ways to go according to the answer to these questions:

1. Just use the Deposit Dispute Service
2. Negotiate with LL. Ask for a breakdown of costs and negotiate. Remind LL that deposit wasn't protected properly (is this true?). Negotiate, negotiate, negotiate.

Thanks. From my understanding, the inventory was not given to her at time of signing, and was posted to her some time after. There is no signature from any party but it is dated 13 May 2013


I think the deposit was protected, but the information was not given to her during her tenancy

However, it is not overly specific (carpets are marked as "marked" for example, walls are down as "marked" and the inventory has not been updated at any point - so the old wooden door is now a UPVC door)
plenty of other bits, noting door missing in the kitchen (which the SIL then put a door in it's place, and is now being charged for damage to that replacement???)


Then at the end it says the property is presented in very good condition and has been freshly painted - no reference to the carpets age or cleanliness