Tenancy Deposit help please (further update as landlord now wants more money)

Marktheshark

The DPS schemes lost the plot long ago and have not been fit for purpose for a long time.

david1951

They need to go through each item and assess if the state of it upon leaving was so bad that it did not amount to normal wear and tear. If it didn't, then they need to assess the deterioration in value and offer that amount to the landlord.

A worktop with "water marks" doesn't mean that the landlord is entitled to a completely new worktop, even if they can't be removed. However, it may mean that they owe him an amount for the reduction in value of the worktop.

Having guinea pigs may have been agreed, but I doubt the landlord agreed to having them running round on the carpet (not that I'm suggesting they did...).

From what you have said it sounds like the landlord is being very harsh. I would say to your friends that a civil court action, while time-consuming, is nothing to be scared of.

always_sunny

booksurr wrote: »

read GM's post at #2

there are 2 types of scheme: the custodial (the scheme holds the money) and the insured (the LL holds the money)

presumably your experience has been based on custodial schemes only. So you need to learn about the other type as well

Maybe but it seems to me this is going in circles cause essentially these deposit schemes work in similar way:
Tenant gives deposit to LL and at the end of the tenancy either the Deposit is returned in full or there're disputes and these get escalated until they're resolved.
(Believe it or not it works the same in pretty much everywhere in the world).

Some of the charges are fair:
- damage to lounge carpet £285.00 Is the carpet damaged? Y/N?
- fumigation of the carpets (Clause 2(23) of your agreements) £174.00 (inc. VAT) You said they had a guinea pig so of course it may need fumigation
- batteries removed from smoke alarms (Special Tenancy Conditions Clause 5.5 of your agreement) £3.80 Did the unit have batteries at the end of the tenancy? Y/N?
- removal of self adhesive hooks (Clause 2(8) of your agreement);
- 2 in the lounge wall adjacent to the door. Cost to repair £35
- 1 in hall above the thermostat. Cost to repair £15
- 2 in the bathroom (1 by the towel radiator and 1 adjacent to the shower), Cost to repair £55
- 2 in the master bedroom on the wall adjacent to the door. Cost to repair £42.50
Were there hooks when they moved in and duly noted in the inventory? If not, why were they left behind?
- professional oven clean £40 Was the oven left cleaned to high standard? Y/N?

Once the tenant checks out, what they didn't do to return the flat to the same state it was given minus wear and tear can be charged and the cost above aren't unfair. The tenant could have done it cheaper, sure but have they? If they have done it, they would have evidence in photos (everyone has camera phones nowadays). Anything that was agreed, should have been in writing and again that would be evidence.
i.e. Did the LL agree about the tenant having a pet in the property or having a pet a bearing the fumigation costs?

So the tenant can now contest the charges and say to the LL I will not pay because x, y, z. If the tenant has no evidence it all falls in the 'too bad' circumstances.

folkestonelisa

always_sunny wrote: »

Maybe but it seems to me this is going in circles cause essentially these deposit schemes work in similar way:
Tenant gives deposit to LL and at the end of the tenancy either the Deposit is returned in full or there're disputes and these get escalated until they're resolved.
(Believe it or not it works the same in pretty much everywhere in the world).

Some of the charges are fair:
- damage to lounge carpet £285.00 Is the carpet damaged? Y/N?
Landlord agreed to waiver the clause that required them to clean the carpets as he was replacing them.
- fumigation of the carpets (Clause 2(23) of your agreements) £174.00 (inc. VAT) You said they had a guinea pig so of course it may need fumigation[/
As above
- batteries removed from smoke alarms (Special Tenancy Conditions Clause 5.5 of your agreement) £3.80 Did the unit have batteries at the end of the tenancy? Y/N?[/
N but not noted on check out inventory
- removal of self adhesive hooks (Clause 2(8) of your agreement);
- 2 in the lounge wall adjacent to the door. Cost to repair £35
- 1 in hall above the thermostat. Cost to repair £15
- 2 in the bathroom (1 by the towel radiator and 1 adjacent to the shower), Cost to repair £55
- 2 in the master bedroom on the wall adjacent to the door. Cost to repair £42.50
Were there hooks when they moved in and duly noted in the inventory? If not, why were they left behind?[/
Not noted on the inventory and the hooks used were clear damage free hooks that were taken down. Not noted on inventory as to any marks
- professional oven clean £40 Was the oven left cleaned to high standard? Y/N?[/
Yes oven was professional cleaned ( I've seen landlords pics, it was that clean you could see the floor Lino in the glass.
Once the tenant checks out, what they didn't do to return the flat to the same state it was given minus wear and tear can be charged and the cost above aren't unfair. The tenant could have done it cheaper, sure but have they? If they have done it, they would have evidence in photos (everyone has camera phones nowadays). Anything that was agreed, should have been in writing and again that would be evidence.
i.e. Did the LL agree about the tenant having a pet in the property or having a pet a bearing the fumigation costs?
Landlord agreed to the pets and charged an additional £300 deposit for this ( he seems to have forgotten about that)
So the tenant can now contest the charges and say to the LL I will not pay because x, y, z. If the tenant has no evidence it all falls in the 'too bad' circumstances.

Landlord has also phoned up the cleaner they employed and quizzed her as to what she did in the house and why her receipt doesn't have headed notepaper.
They have also been to the CAB, and are now just waiting for the DPS to do their stuff. ( it seems it might be a common thing among his tenancies speaking to previous tenants)

folkestonelisa

We have received the DPS forms today, which are being filled in and sent today also.

However, now the landlord is emailing asking "in the meantime please can you advise when you will be making payment, and also please provide your full new postal address as this will be required for the submissions of papers"

We are not responding to the email, other than to advise that we are dealing with the DPS, but is there anything else that can be done to stop this harassment of them.

Looking at the timeline for the DPS its going to take up to 90 days, Im not sure if their health will last that long with the emails he seems to be sending them every other day.

Thanks everyone for your help in this matter.

Guest101

folkestonelisa wrote: »

We have received the DPS forms today, which are being filled in and sent today also. - excellent, take them to a solicitor who will stamp it for approx. £5

However, now the landlord is emailing asking "in the meantime please can you advise when you will be making payment, and also please provide your full new postal address as this will be required for the submissions of papers" - Ignore

We are not responding to the email, other than to advise that we are dealing with the DPS, but is there anything else that can be done to stop this harassment of them. - yes tell him that he is to not contact you any further or you will report him to the police for harassment

Looking at the timeline for the DPS its going to take up to 90 days, Im not sure if their health will last that long with the emails he seems to be sending them every other day. - just ignore / block

Thanks everyone for your help in this matter.

Ensure you submit relevant evidence to the DPS on time

beckstar1975

Could you set up a rule so the emails are forwarded onto you or another email account so they set aside specific times to read them, rather than them intruding at random times?

folkestonelisa

In his emails he keeps using "without prejudice" in his emails.

Is this something we should be worried about?

Guest101

folkestonelisa wrote: »

In his emails he keeps using "without prejudice" in his emails.

Is this something we should be worried about?

No, it's probably misused anyway

david1951

folkestonelisa wrote: »

In his emails he keeps using "without prejudice" in his emails.

Is this something we should be worried about?

The term usually clarifies that a party is not admitting any sort of liability. Nothing for you to worry about.

I would instruct him that any further emails will be disregarded and to communicate via letter.