Landlord false claims on deposit

Alwayslearning2017

Hi everyone.

Does anyone have advice for how best to approach claiming my deposit back when my previous landlord is making false claims and what timescales things run to?

My deposit is held in DPS. The property was vacated in better condition than it was when moved into. There was absolutely no damage and the property was left immaculately clean and tidy, including a full fridge and oven clean.

Two lightbulbs need replacing - I am happy to pay the cost of the bulbs even though they weren't present when tenancy began.

The landlord is claiming the property requires a professional clean, that the bathroom sink needs replacing as it is damaged and the bathroom light fixture needs replacing due to damage. None of these claims are true. The sink is very old but it is not damaged and the light fixture is not damaged either (10 - 12 foot ceilings make it difficult to reach, let alone break).

I have photos of the condition of the apartment upon vacating. The landlord did the final inspection after I handed the keys back to the letting agent, not the letting agent.

Am I best to put in a claim for the full amount of my deposit back and leave the landlord to make a counter claim which I can dispute? I don't want to negotiate with him direct as that implies I accept damages, which I do not.

If I apply for the full amount of the deposit back, what evidence does that landlord have to submit to prove costs and will my time stamped photos of condition be enough to support my dispute? As the sink is 1. Not broken and 2. Old, someone has suggested he would need to evidence the last time the sink was replaced and go from there for replace vs wear and tear - eg if it was £100 nine years ago and did need replacing, at a rate of £10 wear and tear per year, he could claim £10 costs on it, is that correct? The amounts are just for example.

How long after I apply for the deposit back from DPS does the landlord have to respond? Is the best course of action to apply for the full amount and wait for him to put a claim in?

Any advice would be appreciated. Thanks!

Pixie5740

The onus is on the landlord to prove the deductions are reasonable and you are correct that he is not entitled to betterment.

Negotiating with the landlord is not the same as admitting liability. You could go back to the landlord and say that you dispute the proposed deductions because the sink is not broken etc. If the negotiation fails then yes, providing your landlord agrees, you can use the arbitration service provided by DPS.

See G_M's Deposits payment, protection and return.

Alwayslearning2017

Thank you for your response, I really appreciate it.

Please can you explain "providing the landlord agrees" re arbitration by DPS? I haven't gone through this before so it's all new

I am not agreeing to any amount, so there will be no negotiating - that's why I thought it would be better to claim my full deposit back from the DPS and the landlord can then dispute and submit his evidence, as can I. This means the non-disputed amount will be returned to me I think?

What is the landlord's timeline for response?

Pixie5740

https://www.depositprotection.com/help/browse/insured/tenant/alternative-dispute-resolution

melstar11

I'd be tempted to get back to the landlord and ask what the damage is exactly as you have date stamped photos of those items showing them in undamaged condition on the day you returned the keys to the agent. Call his bluff. See what his response is then raise a dispute if he persists.

FBaby

The DPS will encourage you as much as possible to sort it out between yourself before going through the ADR.

Email the LL, state that you are surprised of the claim as there was no damage when you left and email them your pictures, asking for theirs. Hopefully when they realise you have pictures to counteract their claim, they will give up and release the whole deposit.

saajan_12

I would write a letter to your LL stating that the property had no damages and as such you are requesting your full deposit back within 7 days. You can enclose your dated pictures of the condition of the specific items they are claiming for and state that if they disagree, please provide a breakdown of the charges and proof of the damage, and to return the undisputed balance within 7 days. If you don't get a response or can't come to an agreement with the LL, file a claim with the deposit scheme. If the LL disputes your amount on the deposit scheme but refuses arbitration, then file a money claim with the courts.

pimento

What did the inventory you had done when you moved in say?