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TENANCY issues

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Hi

Ive recently moved out of a flat and it looks likely they want to keep all of my deposit.

It was a 2 year one but I moved in end of July 2015 it began in feb 2015.

These are the costs quoted by the landlord

£300 cleaning the flat and carpets (it was actaully just three large mats) the floor is vinyl mostly

£700 repainting the flat

£200 matresses

£90 locksmith

£250 change door and locks

Do these charges seem reasonable to you? Is there no room for wear and tear, does moving in late affect this.

Regarding the lock issue, I rang the estate agent on the Fridaybefore check out they told me to leave the keys in the flat as i rang to say i wouldnt be there, do I have a leg to stand on here?

Also the itinery form they gave me was from 2013 I have a feeling they are still using this.

The flat was cleaned.

I can upload iteniry and check out form if im allowed?

Any help would be really apreaciated.
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Comments

  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 March 2017 at 2:48PM
    Was your deposit registered with the deposit people ?
    Do you have a copy of the deposit certificate ?
    Contact them and dispute everything.
    LL has to prove all the damage. Was the flat freshly painted before you moved in ?
    Did you smoke in the flat ?
  • jbainbridge
    jbainbridge Posts: 2,027 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    So they needed to get a locksmith and damage the door because the keys were in the flat? Bit extreme. The agent / landlord should have a copy anyway.

    Answer dimbo's questions.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Deposit protected?
  • tacpot12
    tacpot12 Posts: 9,244 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    I would expect the landlord to only charge a proportion of the cost of repainting the property, as decoration is something that deteriorates over more than two years.

    The mattress charge is about right if it has been damaged badly. It it has just has two years more wear and is at the end of its life then there should be no charge. The landlord should not be charging for fair wear and tear, and it is up to the landlord to show that the damage is more than wear and tear.

    £300 is how much a professional clean costs of the flat is dirty, but again I would expect the landlord not to charge anything if the flat was cleaned to a high domestic standard (i.e. no dirt visible).
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    To be clear, you started a 24 month AST (I'm assuming you're in England or Wales) in February 2015 (an exact date would help) and moved out 5/6 months later in July 2015 (again an exact date would help).

    How was your tenancy ended? Did you invoke a break clause or agree a mutual surrender with the landlord? How did you come to move out 5 months into a 24 month tenancy? Was that instigated by you or the landlord?

    Unless you lived like a complete and utter slob I cannot see how you caused so much damage in a 5/6 month period. However, depending on how/why the tenancy ended earlier you may well owe a significant amount of rent.
  • Pixie5740 wrote: »
    To be clear, you started a 24 month AST (I'm assuming you're in England or Wales) in February 2015 (an exact date would help) and moved out 5/6 months later in July 2015 (again an exact date would help).

    It's not entirely clear from the OP, but I read it to say the tenancy started Feb 2015, move-in was July 2015, and move out was recent, which is consistent with a two year agreement beginning Feb 2015.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    It's not entirely clear from the OP, but I read it to say the tenancy started Feb 2015, move-in was July 2015, and move out was recent, which is consistent with a two year agreement beginning Feb 2015.

    I did wonder why someone would be having deposit issues over a year later.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    OP, read Deposits; payment protection and return.
  • saajan_12
    saajan_12 Posts: 5,040 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    diz79 wrote: »
    Hi

    Ive recently moved out of a flat and it looks likely they want to keep all of my deposit.

    It was a 2 year one but I moved in end of July 2015 it began in feb 2015.

    These are the costs quoted by the landlord

    £300 cleaning the flat and carpets (it was actaully just three large mats) the floor is vinyl mostly - how does the cleanliness compare between the check in and check out? Note most of cleaning time would likely be spent on kitchen appliances, bathrooms etc where dirt can be more ground in.

    £700 repainting the flat- does it need a repaint? Are the walls marked beyond fair wear and tear? I think 2 years is too soon to expect a LL to redecorate anyway, but they can't expect it to look freshly painted after 2 years either.

    £200 matresses- was this damaged during your tenancy? What was the expected lifespan of that type of mattress and how old was it when you moved out? I imagine it is difficult to repair a mattress, but you should only be liable for the portion of cost for the remaining expected lifespan. e.g. if it should have lasted 10 years and the mattress was 2 years old when you moved in, so 4 years old when you moved out, the LL gets 60% of the cost of a replacement mattress to make up for the 6 years of use he has lost due to the damage.

    £90 locksmith - did the LL . agent tell you to leave the keys in the flat and can you prove that? Did you change the locks during the tenancy (so the LL couldn't have a copy?) This would be upto a deposit arbitrator whether the LL is expected to have a copy.

    £250 change door and locks - Do they say why? MAYBE if there is evidence of you using your keys after allowed or a theft or threatening behaviour?? Otherwise the LL can choose to change the looks but I can't see how that is your problem.

    Do these charges seem reasonable to you? Is there no room for wear and tear, does moving in late affect this.

    Regarding the lock issue, I rang the estate agent on the Fridaybefore check out they told me to leave the keys in the flat as i rang to say i wouldnt be there, do I have a leg to stand on here?

    Also the itinery form they gave me was from 2013 I have a feeling they are still using this.

    The flat was cleaned.

    I can upload iteniry and check out form if im allowed?

    Any help would be really apreaciated.

    Go through each charge and provide get your evidence ready for how there is no change between the check in and check out.
  • diz79
    diz79 Posts: 347 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Ill try to naswer all of you
    When I moved in I just gave the money for the deposit to the person that moved out.

    regarding locks

    I rang the estate agents on the Friday to tell them I would not be in the flat (i rang them they didnt ring me I feel I was acting responsibly) on the Monday and the actual person I spoke to said to leave them in the flat. I then recieved a text on the Sunday from the checkout people asking about keys I told them what I told you and still have the text message as proof, they said they would get from estate agent.

    So i left flat with keys still in there as advised. I get a call from the landlord this weekend saying he could not get in the flat so got a locksmith.

    I then email the person who told me to leave keys in flat, to which they reply they cant remember the converstion even though was only a week ago, I also include the text message in the email. I reply again to which I get another reply from another person there who tells me said person isnt dealling with the flat now. I havent replied again.

    Please see below. email conversation.....

    I just spoke to the landlord on the phone who informs me he could not get into the flat due to not having keys. When I spoke to you on Friday 17 Feb at 12.24 explaining I would not be able to be there at 330 as I dont finish work until 5 pm you told me I don't need to be at the check out and to leave the keys in the flat which I did.


    I then get a text message off Glen on the Sunday and I tell him what I told you. Please see attached. Why would you tell me to leave the keys in the flat if you do not have any spare?



    Regards

    Hi


    I apologise as I do not remember this conversation, it is correct that you do not have to be present at the checkout but as we do not manage the property we would not necessarily have keys therefore I would have suggested leaving them in the Twickenham office.
    [FONT=&quot] [/FONT]
    [FONT=&quot]Kind Regards,[/FONT]


    You didn't suggest this hence them being left in the flat as you told me to, why would I leave them in the flat there is no reason for me to do so unless told. Now you say you have forgotten 7 minute a conversation from just over a week ago.


    I can come in and speak to you but I do not accept responsibility for this or am I going to be charged for a a locksmith I was quite clear on the phone I also received a text message on Sunday from the check out person Glen, as I previously showed you regarding this.


    I contacted you because I knew I would be at work I was acting responsibly making sure everything would be OK.



    I hope this will be sorted ASAP


    Regards

    Hi



    Please direct all your emails to myself as Daniella is no longer looking after .......




    Sadly as no keys were handed back to the branch, and neither the branch or landlord had a set of keys to gain access to 246 Varsity Drive, as all sets were handed out at the start of the tenancy, a
    [FONT=verdana, sans-serif] locksmith was called out [/FONT]​, ​
    [FONT=verdana, sans-serif]so a charge of £90 inc vat will be deducted from your deposit.[/FONT]




    If you're in doubt please contact your landlord ...... regarding this matter.




    Thank you,

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