Tenancy-end deposit return advice

JackWeil

Hi all,

We have moved out from our previous apartment on the 28th of April.
3 days later I have received following email form LA:

"Please find attached the checkout report.

As you are aware, we are only stakeholders for the deposit therefore any deductions shall need to be discussed between yourself and the tenant directly. I have copied in [Names removed] into this email so that he has a copy of the report for their records. You as a landlord will then have 10 working days from your tenants vacating the property to let them know of any deductions to be made from their deposit. Your tenants will then have the opportunity to accept these deductions or dispute them."

Next day LL have sent the following reply to the LA:

[FONT=&quot]"Dear [LA name],[/FONT]
[FONT=&quot]Can you arrange a handyman to quote for the required works mentioned in the check out.[/FONT]
[FONT=&quot]The main items are:[/FONT]
[FONT=&quot]Clean and repaint walls (incl repainting green wall to match rest of flat)[/FONT]
[FONT=&quot]Front Door remove paint splashes[/FONT]
[FONT=&quot]Repair nail holes[/FONT]
[FONT=&quot]chipped mirror (ensuite)[/FONT]

[FONT=&quot]Can you also let me know the cleaninv cost for:[/FONT]
[FONT=&quot]Also looks like the bathroom/shower fitting need descaling[/FONT]
[FONT=&quot]oven/washing machine clean [/FONT]
[FONT=&quot]many thanks"

A month has passed. I have send two emails to LL since asking for an update on the deposit return.
I have received no reply.[/FONT]
[FONT=&quot][FONT=&quot]According to the contract LL had 10 days to return my deposit or inform me of any deductions and state the amount[/FONT]
[/FONT]
[FONT=&quot]Therefore I have two question I'd like an advise on:[/FONT]
[FONT=&quot]1) Is the email LL has send to LA asking for quotes a proper notice for a deduction.
(In my opinion it is not as LL did not explicitly stated he wants me to pay for any of the items [/FONT][FONT=&quot][FONT=&quot](and how much)[/FONT] and simply asked for a quote. )[/FONT]
[FONT=&quot]2) If the above email is not a correct notice, can I demand my full deposit back via TDS since the statutory 10 days has long passed and I have not been informed of any deductions?


Thank you in advance for any help.[/FONT]
[FONT=&quot]Regards
[/FONT]

anselld

Yes you can make a claim but the 10 days is not statutory, it is a target.
A claim may prompt some more urgent action, however.

FBaby

It's usually the tenant who start the process via the deposit agency. It is your money that you want back.

Once you do, they will contact the LL and they will state what they want to deduct. The painting of the wall, it sounds like you painted it over a different colour to what it was when you moved in? If so, what was the agreement? It is common that if they said it was ok, it would be under the condition that you return it to how it was before.

saajan_12

JackWeil wrote: »

Hi all,

We have moved out from our previous apartment on the 28th of April.
3 days later I have received following email form LA:

"Please find attached the checkout report.

As you are aware, we are only stakeholders for the deposit therefore any deductions shall need to be discussed between yourself and the tenant directly. I have copied in [Names removed] into this email so that he has a copy of the report for their records. You as a landlord will then have 10 working days from your tenants vacating the property to let them know of any deductions to be made from their deposit. Your tenants will then have the opportunity to accept these deductions or dispute them."

Next day LL have sent the following reply to the LA:

[FONT=&quot]"Dear [LA name],[/FONT]
[FONT=&quot]Can you arrange a handyman to quote for the required works mentioned in the check out.[/FONT]
[FONT=&quot]The main items are:[/FONT]
[FONT=&quot]Clean and repaint walls (incl repainting green wall to match rest of flat)[/FONT] - did you paint a wall green and do you have written permission for this? are there visible marks that you didn't clean / paint over?
[FONT=&quot]Front Door remove paint splashes[/FONT] - did you / your guest / your handyman splash paint on the front door?
[FONT=&quot]Repair nail holes[/FONT] - did you nail things in the walls/doors?
[FONT=&quot]chipped mirror (ensuite)[/FONT] - was the ensuite mirror chipped during your tenancy?

[FONT=&quot]Can you also let me know the cleaninv cost for:[/FONT]
[FONT=&quot]Also looks like the bathroom/shower fitting need descaling[/FONT] - was there hard water in the property? did you descale during your tenancy? This is possibly wear and tear.
[FONT=&quot]oven/washing machine clean [/FONT]- did you leave the oven / washing machine unclean?
[FONT=&quot]many thanks"

A month has passed. I have send two emails to LL since asking for an update on the deposit return.
I have received no reply.[/FONT]
[FONT=&quot][FONT=&quot]According to the contract LL had 10 days to return my deposit or inform me of any deductions and state the amount[/FONT]
[/FONT]
[FONT=&quot]Therefore I have two question I'd like an advise on:[/FONT]
[FONT=&quot]1) Is the email LL has send to LA asking for quotes a proper notice for a deduction.
(In my opinion it is not as LL did not explicitly stated he wants me to pay for any of the items [/FONT] [FONT=&quot][FONT=&quot](and how much)[/FONT] and simply asked for a quote. )[/FONT] - Irrelevant. The Landlord doesn't need to give "proper notice for deduction". Just claim your money back and see if the landlord claims any deductions. If they do, with proper evidence then their claim is just as valid.
[FONT=&quot]2) If the above email is not a correct notice, can I demand my full deposit back via TDS since the statutory 10 days has long passed and I have not been informed of any deductions? - Its not a statutory 10 days, and you haven't lost anything by not hearing the deductions earlier. Get teh ball rolling now, but being outside the 10 days is fairly irrelevant.


Thank you in advance for any help.[/FONT]
[FONT=&quot]Regards
[/FONT]

The 10 days is irrelevant, just a guide and there is no "proper notice" needed. Focus on the actual deductions - if any are true, agree a figure with the landlord and claim the rest back. If not, claim the full amount back, going to the deposit scheme if needed.

muz3562

JackWeil wrote: »

[FONT=&quot]Therefore I have two question I'd like an advise on:[/FONT]
[FONT=&quot]1) Is the email LL has send to LA asking for quotes a proper notice for a deduction.
(In my opinion it is not as LL did not explicitly stated he wants me to pay for any of the items [/FONT][FONT=&quot][FONT=&quot](and how much)[/FONT] and simply asked for a quote. )[/FONT]
[FONT=&quot]2) If the above email is not a correct notice, can I demand my full deposit back via TDS since the statutory 10 days has long passed and I have not been informed of any deductions?


Thank you in advance for any help.[/FONT]
[FONT=&quot]Regards
[/FONT]

1)How long did you live at the property ?
2)Do you know what scheme the deposit is protected in , you mention TDS in your post is it definitely protected with TDS ?
3)Was it solely you living at the property or responsible for it in the tenancy agreement ?
4)what are your thoughts on the items he is asking for quotes for ? Would you accept a sum being deducted from your deposit to pay for these ?



In answer to your questions . The landlord asking for quotes is not a quantified amount that he wishes to take from the deposit . It could be an indication that he wants to deduct these things from the deposit . But that is irrelevant anyway regardless of if he has told you or not you can start the dispute resolution process without having been told what they want to take . Its just that the whole of the deposit would need to be listed as the withheld amount .



TDS wont give you the deposit back straight away just because the 10 days recommended or included in the contract has not been complied with . If the landlord can still justify deductions they can still be made . All that the TDS will do once you notify them is start the dispute resolution process by contacting the LL and notifying them .



It sounds to me like a case of poor communication on the agent and landlords behalf . It sounds like the LL is trying to get quotes for some work he wishes to make a deduction from your deposit for but there has been some delay in getting those quotes . Had this been communicated to you then it would be reasonable and understandable that there could be delay of this nature .



Personally I would send off one final email to the LL and agent making it clear that if you do not get a response within a reasonable time frame indicating what is happening and how long before you can expect to receive your deposit(or part of it ) then you will open a dispute with the scheme that the deposit is protected under .

JackWeil

Hi all, thank you for your replies.



It helps a lot.
I think I have a clearer understanding on what are my options.



Much appreciate the MSE community at large.


Regards

martindow

How long you have lived there is important. The landlord cannot claim betterment, so if you have been there some years and agree there should be a deduction the LL can only claim a percentage of the cost.

JackWeil

Good point,


We have lived in the property for over 5 years.

muz3562

If I had lived at a property for five years I would be somewhat reluctant to agree to any deduction for repainting of walls . minor damages to fixtures like a chip on a mirror .



As for nail holes , did you put these in the walls . did you ask LL or agent for permission beforehand ?

buggy_boy

JackWeil wrote: »

Good point,


We have lived in the property for over 5 years.

Given the items listed are based on mainly damage caused and cleanliness rather than wear and tear I don't think this would be the case. There might be an argument that if you had not painted the walls then it would not be freshly painted on checkout whereas if the landlord repaints then it is freshly painted so is betterment.

Its a difficult one cause I always find if you paint a fresh coat of magnolia over magnolia you only need one coat, however if you are painting over another colour you might need to paint white first before then painting two coats of magnolia, to this end you could argue that the first two coats should be paid for by the tenant and the last coat should be an apportionment.

buggy_boy

muz3562 wrote: »

If I had lived at a property for five years I would be somewhat reluctant to agree to any deduction for repainting of walls . minor damages to fixtures like a chip on a mirror .



As for nail holes , did you put these in the walls . did you ask LL or agent for permission beforehand ?

The OP it would appear painted walls a different colour without LL permission. OP did not say they were only minor chips and either way it is still damage although mirrors are not that expensive so as a Landlord I would normally just absorb this cost especially as they had been in the place for 5 years.