Problems during tenancy check out

Mikehextall

We handed the keys back into our rented property on Monday afternoon of last week (as we have now bought a house) and was told the inventory check would now be carried out. This check was completed on Wednesday and the report sent to us on Thursday. I won't go into detail but needless to say, the estate agent put the boot in good a proper regarding the condition of the house which was outrageous given the amount of time we spent cleaning it and sorting out the things that needed to be done before we left. Basically, every room on the inventory had a red cross next to it and a long list of things that are wrong with it. However, much to our astonishment after being told the house was in such a mess that they gave the new tenants the keys on Friday morning, 5 days early! so it clearly wasn't that bad.

Now after all the dribble, my question is, where does this leave me in terms of getting my deposit back? Its protected by the My Deposits scheme and I am told that any deposit they hold back for repairs/damages etc etc should be accompanied by a receipt, however, surely no repairs are now necessary if the estate agent/landlord deem the property to be suitable for new tenants to live in?

Thanks
Mike

need_an_answer

Did you take any photos of the property before you left?
If you did this may help you with challenging the reclaim of the deposit.

Deductions can only be made after the allowance for fair wear and tear.

Could you list perhaps a few of the types of deductions they propose,that may help others to clarify that you have a claim.

In essence the purpose of the inventory is to at the start of your tenancy [rove the check in condition and at the check out compare the property minus the wear and tear.


How much of your deposit do they propose to retain?


If there are genuine items that need replacement bear in mind they cannot claim betterment so an allowance will/should be made if the item was not new when you moved in.

You will however perhaps need to concede that potentially if walls need repainting the LL/Agency are able to employ a tradesperson to carry out the work,or indeed any of the remedial work for which you should be charged the fair daily rate.

The LL/Agent is quite within their rights to relet the property in whatever condition they wish and as such do not need to prove to you that any repairs were undertaken.
The condition will be reported on the next tenants check in inventory and that is for them to agree.

Raise a dispute with the deposit scheme if you feel that the deductions are unfair and they will adjudicate.

G_M

Read


* Deposits: payment, protection and return

Mikehextall

I will give you a couple of examples:

Bathroom
Rust to vynl flooring
Patchy paintwork where tenant has covered scuff marks
Splattered paint to light handle
Full processional clean required including
Bath tub
Extractor fan thick with dust
Toilet pan
Wash hand basin
Shower screen edging and glass screen
Shower head
Mould to tiles surrounding bath
Flooring requires mopping and sweeping

Bedroom 1
The room smells really pungent and requires deodorising
Spot stains to carpet
Grubby marks to wall/patchy marks from touch up paintwork
Black mould to window ledge
Cleaning is required to ALL woodwork including skirting and ledges.
Upholstery requires professional cleaning as grubby

need_an_answer

Thank you for the examples.

just to use the bathroom as an example what was the documented condition on the inventory regarding the cleanliness?(at check in)
Were there photos showing condition?

move forward to check out how do they compare at that point?

Was there mould for example in the area around the bath or shower?

That is something that is not counted as wear and tear and is indeed something that should be returned in clean state minus the mould (unless it was there on the check in inventory).


Did you actually "touch up " any of the paintwork " as possibly suggested ?


How long did you live at the property?

Mikehextall

I would love to share the photos with you but they are embedded in a PDF document. What I can tell you is that the bath, sink, and basin where sparkling clean and can be seen sparkling clean in the photo they provided. I did touch up some paintwork but the original paint had faded naturally in the sunlight leaving it a slightly yellower shade than the white gloss I used, not quite sure if you can buy gloss in a sun-faded white. We lived in the property for 3.5 years (when I say we I mean my wife, two young children and two dogs

saajan_12

Mikehextall wrote: »

We handed the keys back into our rented property on Monday afternoon of last week (as we have now bought a house) - contratulations! and was told the inventory check would now be carried out. This check was completed on Wednesday and the report sent to us on Thursday. - sounds reasonable I won't go into detail but needless to say, the estate agent put the boot in good a proper regarding the condition of the house which was outrageous given the amount of time we spent cleaning it and sorting out the things that needed to be done before we left. - well the time spent cleaning etc isn't really relevant, if e.g. there were even more things that needed doing. Just focus on the actual damages claimed and associated deductions. Basically, every room on the inventory had a red cross next to it and a long list of things that are wrong with it. However, much to our astonishment after being told the house was in such a mess that they gave the new tenants the keys on Friday morning, 5 days early! so it clearly wasn't that bad. -
irrelevant to you. They may have agreed a worse starting condition with the new tenants in return for lower rent / fewer deposit deductions when the new tenants leave..

Now after all the dribble, my question is, where does this leave me in terms of getting my deposit back? Its protected by the My Deposits scheme - good, so try to negotiate with the LL but if it goes nowhere, you can claim off MyDeposits and have them arbitrate. and I am told that any deposit they hold back for repairs/damages etc etc should be accompanied by a receipt, NO, not at all. Deductions are to reflect a loss / worsening in condition beyond wear & tear. Its irrelevant whether the LL actually pays to fix it or fixes themself or continues to sell / let in the worsened condition. however, surely no repairs are now necessary if the estate agent/landlord deem the property to be suitable for new tenants to live in? - No, 'good enough' doesn't mean it lives up to your obligation to return the property to the same condition less wear & tear.

Thanks
Mike

What happens after your checkout is irrelevant to you - whether new tenants move in to a property in worse condition or whether the LL actually fixes the issues. The point is you are liable for the deterioration in the property condition beyond fair wear & tear. The LL has to provide some proof of the damage and the monetary value of that, e.g.
- receipt for repair
- quote for repair
- receipt for replacement with 2nd hand or % of new
- quote for replacement with 2nd hand or % of new
- breakdown of reasonable time to rectify + hourly rate

need_an_answer

My best advice would be to provide your evidence to the deposit scheme and let them adjudicate.

[Deleted User]

Unless you can argue wear and tear (how much depends on how long you lived there) or previous damage (move in photos and/or inventory help)_you might have been better repainting a complete wall rather than a quick stab with a paintbrush as all paint gets discoloured. However it is a couple of years or five years since it was last painted, they can't reclaim full repainting costs.

How dirty is the bedroom/carpet. They can't prove a pungent smell unless the room looks dirty so you might be able to get away with that. If they rented it immediately, that again shows it didn't need dire odour retrieval.

Its my personality type, but I'd just put in for full return of deposit, with the photos I have and see what happens. You can try to negotiate with the LL but I suspect that will end up costing you more.

People often do forget to wipe skirting down, are you sure you did this?

robatwork

deannatrois wrote: »

Its my personality type, but I'd just put in for full return of deposit, with the photos I have and see what happens. You can try to negotiate with the LL but I suspect that will end up costing you more.

Agree with this. A few years ago my LL tried the same - claiming for all sorts of cleaning and decoration that would have resulted in improvement of the property. It was better when I left than when I moved in, apart from some carpet wear commensurate with age.

I insisted on a full deposit return and had all my ducks in order (photos on moving in and out, inventory on moving in and out). They folded immediately before going to TPS.