Disputed £180 of deposit deductions & landlord will increase it if we go to TDS

Carlajoanna90

Hi all,

Apologies in advance for a super long post here. I really need advice though!

Background:

We lived in our rented flat for 15months and moved out before our 18 month contract was up as our landlord served notice as he was moving back in. We cleaned the flat before we left but did not pay for a full professional clean as the flat had been to a ‘good domestic clean standard’ when we moved in.

Issue 1:

I received a pretty heated call from the letting agent when we received the check out report and she tried to pressure me into agreeing to a ‘further clean’ On the Flat, even saying I could arrange my own but it had to be within the next 24 hours. She could not confirm how much the further clean would be or whether it would be a final settlement or not, and refused to put any of It in writing. She basically shouted at me for 30mins while I was at work saying she was doing me a favour and I didn’t have time to wait and think on it or call my partner first. I said no.

Issue 2:

The landlord came back and requested to make a £180 deduction to the deposit for a full professional clean (there was a stain on a kitchen cupboard and light dust on skirting boards). As the check in report states that the outside of the windows needed cleaning and noted cobwebs in the flat and these were gone and cleaned on the check out I would say we left the flat in good condition (‘to a good domestically clean standard’).

Issue 3:

I said we would dispute the full £180 charge to which the letting agent advised that the full deposit amount (£2100) will now be disputed by the landlord if we take this to TDS. They’ve come back with around £1900 worth of ‘damage’ just because we wanted to dispute the initial £180 which they came back with. They are now calling the first amount a ‘settlement offer’.

Question (If you're still reading!) – can they legally increase the amount they’re asking for just because we’re disputing? This seems pretty sickening to me. And what are my chances of getting back at least as much as if I settle if we take it to dispute?

Landlords and letting agents really do try to take you for a ride. We need more tenants rights in the UK!

I want to dispute this, but my partners father is extremely ill with terminal cancer so I just don't know if we have the time and energy to anymore as we are spending every day at the oncology ward.

silvercar

Have you got any of this in writing? eg if you have in writing that they will only claim £180 then they are going to have difficulty increasing it. If there is nothing in writing and they put in an initial claim of £2100, you could well lose more than £180.

Carlajoanna90

So the initial email I received from them was:
I can confirm that the landlord would like to deduct a full end of tenancy clean from your deposit. On arrival of the cleaners, it was clear that an end of tenancy professional clean was not done and the cleaners advised the property requires more than a further clean. I can send you comments from the cleaners if you require.

In full and final settlement the landlord would like to deduct £180.00 for this clean and is happy to release the remaining deposit. If you are happy with this, please provide account details are forwarding address. If you are not happy with this the deposit in dispute will be forwarded to the TDS scheme and they will make the final decision.


They have been very careful about the wording as usual. I said I disputed the £180 and asked if they were raising the £180 dispute with TDS and to confirm that the remaining deposit would be returned to us.
The reply I got was:
The amount in dispute will be the full deposit £2100, I will now go and get quote based on the checkout report and the TDS will decide what they will award.

I gave you an offer that the landlord is prepared to settle for, however you have confirmed you do not accept this offer, so our advice to the landlord is to make a full dilapidation request.


I'm guessing they've been smart here with wording and can get away with this...? We may just accept the settlement in that case *sigh*

bouicca21

What damage is noted on the check out report? If the landlord wants to make an issue about damage he/she will need evidence.

Do you have evidence of the threat or was it all verbal? Did you make the stain or was it already there? How much would it cost to fix?

If the £180 is unreasonable and you can afford to wait for the deposit, then the dispute process is straightforward.

The most tine consuming thing about a TDS dispute (I've done one) is getting all your evidence together so that you can support everything in your statement of claim - emails, letters, photos, check in and check out reports. You only get one chance so make it watertight. If you have evidence of the original claim for £180 I'd include it, as it makes a nonsense of a further claim for damage. If you have evidence of the threat I'd include it.

It's also stressful waiting for the result, and of course you have to wait for your money.

Carlajoanna90

The damage they're quoting:
- scuffs / scratches to windowsill (at floor level, and is the doorway to the patio) £600-700
- Walls Light scuff marks, hairline cracks, paint chips, nails and picture hooks fitted – You can make deductions for Nails and Hooks Still awaiting quote /Estimate £400-£600 - stupidly we missed 2 nails on the check in report so we can't prove we didn't put them up!
- minor mould spots to sealant in bathroom (On check-in too) and light scaling to taps - £300
- cleaning not up to their professional standard, only domestically clean standard £180


The stain mark in the kitchen is on us and I'll take responsibility for it but I don't think it warrants £180 of cleaning.
This is so stressful and the letting agent has tried to do everything over the phone refusing to put things in writing and then when i send a follow up email to her stating what she said on the phone she denies it or words her replies so carefully to say things *could* happen but she can't confirm anything.

G_M

Well it sounds like you are now beyond the point of accepting the £180 deduction, so have little choice. Raise a dispute.

As bouicca says, get yur evidence together. The check in report clearly indicates a 'professional standard' clean such as they are claiming for was not done at the start, so they cannot demand it a the end.

Take each point in turn and make your response, backd up with evidence. No long rambling, but clear facts, with reference to reports, photos etc.

Yes, definately refer to the initial claim for £180. No landlord, faced with £2100 worth of gnuine damage, would offer to settle for £180, so there is a clear implication that this is an inflated claim which was used as a threat. Say so.

steampowered

The first thing you need to do is stop talking to them on the phone. Keep everything in writing.

If you must talk to them on the phone, make sure you record the conversation. There are plenty of smartphone apps that allow you to do this. You do not have to tell the agent that you are recording the call.

I would probably call their bluff and go ahead with issuing a TDS dispute to get the deposit back.

Dishonestly creating unjustified deductions in an attempt to pressurise you into agreeing another deduction meets the legal requirements for fraud. It is probably also the criminal offence of blackmail under s9 of the Theft Act 1968. You could suggest that you are considering issuing a court claim against the letting agent for that.

G_M

You could also check which of the 3 ombudsman schemes the agent belongs to and check their code of practice and complaints procedure.

Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of 3 schemes:

* The Property Ombudsman
* Ombudsman Services Property
* Property Redress Scheme

dimbo61

Did you sign a comprehensive check in report with photos when you moved in ?
Have you got a copy ?
Did the Landlord or Letting Agents use an independent Inventory company or do a video inventory ?
The LL and Letting agents need to prove you have left the property dirty or damaged ?

maninthestreet

£300 to remove some limescale on the taps and some mould on the bath sealant - are they having a giraffe??

mimiduck

sounds like bull. Just ask to get a copy of the check in inventory and check out for your own reference. Cleaners comments is not something that will actually matter, only the inventory reports.

Also the quotes given are absurd and it sounds like they are trying to rip you off.