Landlord deducting from deposit for 'cleaning'.

Tenant0212

During the initial phase, I received an e-mail and letter that it was stored with DPS, however I cannot find it back on their website with the information provided. After this initial email i have not seen anything else regarding the deposit.

Tenant0212

I think I found it apparently I was supposed to get an e-mail with a registration link but it never arrived. Trying to log in with my e-mail gave me a message they changed something with the accounts. Did a 'password reset' and the e-mail arrived making it possible to log in and request the entire deposit back.

Is there anything the landlord can do to frustrate this process?

Thanks again, your help is much appreciated.

chelseachampions

I’m a couple of days away from being in the exact same position so following this thread. :beer:

Genuinely curious - why they wouldn’t complete an inventory? Perhaps as an agency they were too busy at the time or any other reason that they could somehow gain from?

Please do keep us updated.

G_M

fishpond wrote: »

Is it really this clear and cut that no inventory means I win the dispute?
Yes, you would win every time and the landlord is a fool if he thinks otherwise.
No check in Inventory = no benchmark for the cleanliness or condition of the property prior to the start of your tenancy, I assume there is no check out either as there would be no point with nothing to compare it with.
Basically, there is no dispute as there is nothing written or photographed to dispute.

Sorry fishpond - no. It is not that clear cut.

Yes the burden of proof is on the landlord to show that items damaged, dirty or missing at the end of the tenancy, were unbroken clean and present at the start.

And yes, a check-in inventory, especially a detailed one with descriptions of cleanliness and photos, is excellent evidence for the LL of the initial condition.

But it is not the only potential evidence. The LL could also have eg

* a receipt showing the washing machine/ carpets/ 3 piece suite, whatever were brand new a week before the tenancy started
* receipt from a cleaning company/carpet cleaning company dated just prior to the tenancy
etc

It is then up to an arbitrator or judge to decide whether to accept that evidence or not.

Indeed, a judge could dismiss a check-in inventory if, for example, the tenant contested it and convinced the judge it had been inaccurate or drawn up later.

So whilst any sensible LL will draw up a check in inventory, and get the tenant to agree/sign it, since this IS good evidence, the lack of an inventory does not necessarily mean the tenant will always win in a dispute.

FBaby

Yes, you would win every time

Indeed, this is incorrect. I do know a LL who managed to make their case without an inventory (there was one, but the agency closed and it got 'lost').

The LL had, as GM stated, dated pictures that showed the state of the property. The AST, which was signed, also stated the property had been professionally cleaned before. They also had receipt of a professional cleaning company which detailed the cleaning they had done. This was the biggest piece of evidence because who would bother to pay for someone to clean what doesn't require to be so when there is no guarantee they would get the money back? The LL did get some money from the deposit, albeit not everything they were asking for.

wesleyad

G_M wrote: »

So whilst any sensible LL will draw up a check in inventory, and get the tenant to agree/sign it, since this IS good evidence, the lack of an inventory does not necessarily mean the tenant will always win in a dispute.

I'd say it makes more sense for a LL to not have an inventory. That way, when they fabricate their fraudulent bull !!!! claim at end of tenancy, there's no evidence it's all made up for a last minute money grab. :rotfl::rotfl::rotfl:

Tenant0212

While it was a relatively newly renovated flat and I believe I was the first or second tenants, I had a washing machine being so full of lint the dryer function didn't work, oven was already used and dirty and there were heaps of dust everywhere. As well as pieces of trash like cardboard and plastics While I don't think it was professionally cleaned, even if it was, by the time I went in there, there was not even a hint that it was cleaned at all. I didn't mind much, I had a new place and wanted just cleaned it up (which I think everyone does no matter the cleanliness of a new place).

It bothers me that the landlord is being such a pain about everything when I've been more than accommodating and left the place in a cleaner than I arrived in it. He's clearly trying to get some extra money out of it. It just seems unnecessary and a bit of a !!!! move.

I've requested the full deposit back and will see if he fights that, I'll try and keep you guys updated. Thanks for the assistance and help so far.

[Deleted User]

Obviously hindsight is 20:20 but imagine if you'd taken dated photos of the mess the day you moved in? Case proved.

Hopefully you will do this in future.

But its easy to say, harder to do when you just want to move in and get everything sorted.

Tenant0212

I'll try and keep the forum updated as requested by some people;

I requested the full deposit back, landlord responded with the cleaning demand, I am now given the option to give a reason why I disagree. Are there any absolute no go's? At the moment it seems like I have to give 'proof' of it not being what the landlord says as opposed to the other way around.

Thanks again.

FBaby

Do you know why he claims it wasn't clean? Is it dust, carpets, cupboards, garden?

If you disagree, he will have to submit his reasons and this will be shared with you for you to comment on. You will still be asked to try to come up with a resolution before ADR is offered.

So dispute 100%, wait for that evidence and see what he's got and whether you think he does have a case. If he does, offer something in the middle, if he's got nothing, continue to dispute and take to the ADR.