Deposit: Counteracting claims made about the flat

Jmoo

Hi all,

I've just received information regarding the flat inspection as a result of moving out of my last rental.

The two issues they've flagged is minor marks on the skirting board where the bed was which the letting agent puts down to wear and tear (although as I explained to them, the inventory demonstrates marks to the skirting board generally in flat).

They are mostly questioning damage to the wall where the front door lock is. I'm not sure whether they're taking issue with the lock or the wall itself but I assume they mean externally (which seems a little unfair). From my own photographs I see no damage to the wall. I also note that in the inventory I mentioned problems with the locking, and also wrote to the letting agent shortly after moving in to ask for help with the locks which they asked me to wait on as I was having other problems.

How difficult is it to prove you're in the right and they're in the wrong on this? Should I be asking for their evidence? I have my own to counteract claims, but the locking area of a door troubles me a little as I'm not sure what sort of evidence I'd need to prove them wrong.

theartfullodger

You simply try to agree to how much of deposit you/landlord get. If you can't agree you (YOU!) raise a dispute with the deposit scheme the deposit is in.
https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_tenancy_deposit_back

That's what deposit schemes are for...

Jmoo

Thanks, I'm just concerned by their comments, although they did say "minor". I suspect they are talking about the wall externally which is in a corridor 80 people pass. Are tenants usually responsible for the external walls in corridors?

ST1991

What is the actual issue with the wall where the lock is?

Is it worn/dirty or is there holes in it...?

Pixie5740

Have any deductions actually been proposed yet?

Jmoo

Nothing has been proposed yet and I'm still waiting on more information. She did say it was minor so I'm hoping nothing comes of it.

G_M

well wait to see what they decide.

If they propose a deduction, then
a) make sure it is clear exactly what damage they are claiming for
b) decide yourself whether you agree damage ocurred
c) check how much they are proposing to deduct
d) decide if you think the amount is fair (bearing in mind they probobly have to pay a contractor)

If you agree, then inform the deposit scheme you agree the deduction.

If you don't, then initially try negotiating with the LL/agent and see if you can reach a compromise, and if that fails, inform the deposit scheme you dispute the deduction (in part or entirely). Produce whatever justification & evidence you have to counter the LL's claim.

See also
* Deposits: payment, protection and return

Jmoo

So I've been told they want to deduct £60 for exiting the flat and £50 for mould in the flat which they want to use on redecorating.

This is not the issues they raised yesterday, and I'm frustrated as I spent considerable time redecorating the flat before leaving. The mould was there before I arrived (I sent evidence of this in the bathroom) but annoyingly not the evidence of it in the sitting room where it's just in one very small corner.

Can I dispute this? It seems a bit of a grey area for disputes from Googling. When I've had inspections I was told there were no issues to raise (I've had about 4 over 12 months)

Jmoo

This is the image provided - https://1drv.ms/i/s!Am1j5Uxu1PrZlTLTLEDgURC2KE20

dotchas

Could the damp in two rooms be connected? are they beside each other? From that pic it looks like damp from a roof leak, blocked rones etc. Which should be repaired by landlord especially as you have reported it previously.

Jmoo

It's quite possible. You're right, my dad agrees it seems an external factor there if it's coming from the roof. As I say, I've included images of existing damp in the flat before I moved in in the inventory in the bathroom, and I've had a number of flat inspections where no issues like this were raised. So it's a little surprising.