Landlord deposit retention

BOBSCOUSE

Hi all,

I'll try to keep this brief!!

Agent acting on behalf of landlord has sent through our exit report and are basically seeking to retain our entire deposit. I'm dismayed to say the least as the agent inspected prior to placing the property on the market, clearly deeming it fit to show potential buyers as viewings commenced whilst we were still living there. The property is now listed on their website as "Under Offer" whilst the property itself has had the board changed to "SOLD". As the buyer seemingly has no issue with the property (does sold as seen apply, considering the minor issues flagged) what is the justification? Can the agent rightfully retain our deposit. We were quite happy that we were leaving the property in perfectly acceptable/reasonable condition.

They are claiming:-
Cleaning, they state dirty tiles (two tiles in one corner of the utility room) and dust on two extractor fans that we missed.

Decorating, required to bathrooms due to green/blue "water-bloom" stains that they think are due to cleaning products. The stains came through soon into our tenancy and I am certain are from leaking pipes behind the plasterboard walls - evidenced by the boiler system frequently losing pressure and needing topping up (wonder if they told the buyer that :think:) - we reported the boiler right at the start of the tenancy. Also to paint the hallway ceiling as it seems our young daughter threw a small (10p size) amount of "slime" up there - too difficult for them to peel it off I assume, when there's deposits to be scammed out of a tenant,

Replacement light fittings, one of which a glass bauble fell to the floor and smashed which we reported - I checked the remaining baubles and all were loose so I tightened them. The other two fittings are a pair and one was damaged by accident - being an honest chap I'll take the hit for that.

Clear and tidy garden, grass wasn't cut due to many weeks of adverse weather before we moved out plus the LL lawnmower stopped working (which we reportedand agent didn't replace so during last summer we borrowed one). Grass about 4 inches long when we moved out. Included in clearance was a load of battered old garden furniture which had been left by previous tenant - no way I'm taking a hit for that!

They also mention stains to carpets (but haven't claimed to replace nor have they itemised the cleaning so we can see if that amount includes carpet cleaning), some of which were there when we moved in three and a half years ago, others which I consider reasonable wear and tear on carpet which is obviously several years old - cream carpets throughout the house I might add and the property let to a family of five!! We have been very careful but some marks will happen and I think how they were left is very reasonable - certainly doesn't seem to have put the buyer off.

Will I have a chance of retaining most of the deposit if I take it to adjudication or, based on the above, do you think the agent is making valid claims?

Thanks in advance for any help, opinion or advice - much appreciated!

Slithery

Whether or not they already have a buyer is irrelevant, they can claim the appropriate deductions and then not even bother doing the work - imagine you dinged my car and your insurance paid me £200, I could spend it down the pub instead of fixing my car if I wanted to

The only relevant information is the check-in and check out reports, the accompanying proof, and the comparison between the two minus fair wear-and-tear.

BOBSCOUSE wrote: »

Hi all,

I'll try to keep this brief!!

Agent acting on behalf of landlord has sent through our exit report and are basically seeking to retain our entire deposit. I'm dismayed to say the least as the agent inspected prior to placing the property on the market, clearly deeming it fit to show potential buyers as viewings commenced whilst we were still living there. The property is now listed on their website as "Under Offer" whilst the property itself has had the board changed to "SOLD". As the buyer seemingly has no issue with the property (does sold as seen apply, considering the minor issues flagged) what is the justification? Can the agent rightfully retain our deposit. We were quite happy that we were leaving the property in perfectly acceptable/reasonable condition.

They are claiming:-
Cleaning, they state dirty tiles (two tiles in one corner of the utility room) and dust on two extractor fans that we missed.

Well, were they dirty or not?

Decorating, required to bathrooms due to green/blue "water-bloom" stains that they think are due to cleaning products. The stains came through soon into our tenancy and I am certain are from leaking pipes behind the plasterboard walls - evidenced by the boiler system frequently losing pressure and needing topping up (wonder if they told the buyer that :think:) - we reported the boiler right at the start of the tenancy.

You have written proof that you reported this to the LL? Good, that counts in your favour.

Also to paint the hallway ceiling as it seems our young daughter threw a small (10p size) amount of "slime" up there - too difficult for them to peel it off I assume, when there's deposits to be scammed out of a tenant,

Remember, they also have to pay for the cleaners to come in. If there wasn't an issue then it wouldn't need sorting out.

Replacement light fittings, one of which a glass bauble fell to the floor and smashed which we reported - I checked the remaining baubles and all were loose so I tightened them. The other two fittings are a pair and one was damaged by accident - being an honest chap I'll take the hit for that.

Great. Do you have written evidence that you reported this to the LL?

Clear and tidy garden, grass wasn't cut due to many weeks of adverse weather before we moved out

So it wasn't in the same state as the beginning of the tenancy?

plus the LL lawnmower stopped working (which we reportedand agent didn't replace so during last summer we borrowed one). Grass about 4 inches long when we moved out. Included in clearance was a load of battered old garden furniture which had been left by previous tenant - no way I'm taking a hit for that!

Was this furniture on the inventory? If not then no problems. If it was then you owe the LL for replacement furniture.

FBaby

Do you accept any of the claims? If so, write back, say thank you very much for the report, you agree with X at the suggested costs, or X at a different cost, or you don't agree at all because X, Y and Z.

Wait for a response. If they write back and you still don't agree with their suggestion of what they should keep, take it to the dispute resolution service of the agency the deposit is protected with.

The fact that they are selling the house is totally irrelevant. It would be like saying that you shouldn't have to pay for a scratch on a car because they are about to give it to someone.