Landlord deducting from deposit for 'cleaning'.

Pixie5740

SmashedAvacado wrote: »

This isnt the case. You can have an obligation to return something clean despite it not being clean at the start. The problematic clause is the clause that says something like "in the same clean condition it was a the start of the tenancy". If you accept an obligation to hand it back clean, then it is for you, at the start of the tenancy to insist that it is clean, and not to take the tenancy until you are satisfied of this.

Sorry I've just seen this but all I have to say is nonsense. Landlords are not entitled to betterment and expecting a tenant to leave a property cleaner than the midden you first rented to them is betterment.

Pixie5740

Tenant0212 wrote: »

So this morning I finally got an update from DPS, asking me to provide proof of my case.

As I've not taken any pictures before or after there is no 'proof'. Not to mention it seems backwards that I have to prove something isn't the case, shouldn't the onus be on the landlord?

Any advice here what to send them?

Thanks again!

The onus is on the landlord but it would have been helpful if you had taken photos when you moved out. I know you didn't receive a check-in inventory but did you ever receive a check-out inventory.

FBaby

Did it say 'proof'? They normally ask the LL to make a case but then give the option for the tenant to put their side too, not provide proof though. They should have shared the evidence the LL put forward. Its once all this is carried out that it is then passed on to the adr.

Tenant0212

There was no check in or out inventory.

It says 'evidence' in the e-mail.

You need to submit your evidence

As you’ve been unable to reach an agreement with your landlord or letting agent, your tenancy deposit has been referred to our Dispute Resolution Service.

Sibz

Regardless of what any end of tennancy dispute may be about, you're first course of action should be to check that your deposit was lodged with one of the 3 approved schemes as is required by law.

If a landlord has not done this (especially a chain or landlord with numerous properties) then they haven't a leg to stand on (even if they're argument is reasonable). If you take them to court and they haven't used one of these schemes then they are liable for up to 3x the deposit fee. Courts take a dim view of landlords not using the scheme as it was set up to combat the ridiculous number of landlords routinely ripping tenants off.

martindow

Sibz wrote: »

Regardless of what any end of tennancy dispute may be about, you're first course of action should be to check that your deposit was lodged with one of the 3 approved schemes as is required by law.

If a landlord has not done this (especially a chain or landlord with numerous properties) then they haven't a leg to stand on (even if they're argument is reasonable). If you take them to court and they haven't used one of these schemes then they are liable for up to 3x the deposit fee. Courts take a dim view of landlords not using the scheme as it was set up to combat the ridiculous number of landlords routinely ripping tenants off.

The OP is going through the DPS dispute procedure ...

Tenant0212

Right so after a seriously long period, today I finally received my deposit back. DPS emailed saying they were very busy so they weren't going to make their deadline (strange that they don't get penalised for that). In the end it took over 3 months to get something back. Looks like the landlord didn't bother uploading pictures or proof so I'd always recommend starting a case.

Thanks guys.