Letter of intent to withhold deposit query

Mikehextall

So we've moved out, had the end of tenancy check completed ( I wasn't invited) and the landlord has now declared their intention to seek £1040 in fees from our deposit of £775, thus leaving us with £0. The letter from the estate agent says:

We write subsequent to the check out report forwarded to you on 21.06.2018.

As noted by the Inventory Clerk certain works have been carried out which are deductible from your deposit, in line with your contractual obligations. The costs are noted below for your information.

Assuming I don't agree with their request and want to challenge it, what is my next step? Note the letter states WORKS HAVE BEEN CARRIED OUT, I know for a fact that no works have been carried out, is this important in any way?

Please also note that while I don't agree with £1040 worth of fees, there are some items on the list that I don't intend to contest so I don't expect the full deposit back.

Thanks
Mike

kinger101

Contest it with the deposit protection scheme. Use google to find out their process. But LL would only be able to deduct reasonable costs attributable to something you did. They need slightly more detail then "work done".

G_M

See


* Deposits: payment, protection and return

Mikehextall

Am I right in assuming that the LL needs to produce receipts for any work carried out?

G_M

Mikehextall wrote: »

Am I right in assuming that the LL needs to produce receipts for any work carried out?

No.

Note the letter states WORKS HAVE BEEN CARRIED OUT, I know for a fact that no works have been carried out, is this important in any way?

It's irrelevant.


You are being charged for causing damage (or dirt, or whatever). Whether the LL spends the money charged on repairs (or cleaning etc), or decides to leave his property damaged (or dirty etc) is up to him.

Mikehextall

So they are allowed to submit a set of potentially fictitious costs and expect me to pay it, no questions asked?

Pixie5740

You are expected to pay for any damage you cause over and above fair wear and tear, and going by your other thread about your deposit there was damage. The landlord is not entitled to betterment and the landlord doesn't have to fix whatever you've damaged.

If you disagree with the deductions dispute is with the deposit scheme, it's why they were introduced, and is the same advice you were given on your last thread.

In fact on your last thread someone explained to you that the landlord could deduct money and not carry out the repair work so why the need for a second thread?

camptownraces

No.

You approach the deposit protection scheme which is being used, in writing - probably online, have a look at their procedures. Tell them the situation and ask them to arbitrate. They tend to to be fair to tenants.

Presumably you were given details of which deposit scheme is being used?

kinger101

Fictitious, no. But they are allowed to compensate themselves for damage you've caused and spend that money on whatever they like.

If you burnt a hole in the carpet with an iron for example, the landlord should take account of the original cost of the carpet after depreciation. They can spend the money on Border's Dark Chocolate Ginger Biscuits* or towards the cost of a new carpet. What they can't do, is make up damage which didn't occur, not provide any evidence it occurred, charge for reasonable wear and tear, or expect replacement on an old-for-new basis.

*a fine choice in biscuit.

Mikehextall

Ok let's add some detail here, including the list of damages and costs and my response (including evidence) to each.

1.!!!8203;To make good kitchen tiles!!!8203;!!!8203;£50.00 - one kitchen tile was damaged when we moved in and is listed on the inventory, one other tile damaged by us.
2. !!!8203;To replace the kitchen worktop !!!8203;£300.00 - kitchen worked top flagged as in moderate condition with marks when moving in, was in the same moderate condition when we moved out, before and after pictures confirm this.
3. !!!8203;Door plate x 2 damaged!!!8203;£20.00 - no idea what a door plate is, nothing on check out inventory.
4.!!!8203;To seal side of stairs, fill cracks, make good and paint!!!8203;£190.00 - not a clue how this is our fault or how they can claim we did it. This is wear and tear and happens naturally to quite a number of houses.
5. !!!8203;Replace Lino !!!8203;£120.00 - no idea what Lino this is, nothing on check out inventory.
6. !!!8203;Main bedroom paint all walls !!!8203;£70.00 - we painted the walls when we left.
7.!!!8203;Paint kitchen and damp!!!8203;£95.00 - not sure how this is my fault.
8. !!!8203;Full clean of the property !!!8203;£195.00 - property was clean when we left.

!!!8203;Total Deductions!!!8203;£1040.00 (inc. vat)

Any thoughts?

kinger101

If it's not supported by and inventory and photographic evidence, the deposit protection scheme refuse their claim. Don't attempt to negotiate with the LL. Let them look like scheming *****. Acknowledge the one damaged tile.