Is this a fair deduction from deposit?

Liz1729

I went to great pains to return the property in perfect condition after over 2 years of rental. The landlords are now attempting a charge for gardening on account of weeds and plants in the garden.

The weeds were fully removed the day we left and we have photos to prove it. The estate agent did their check out two weeks later and so identified several small weeds that have regrown in that time. In addition, the check in photos clearly show weeds in the garden. I feel I am doubly covered by our photos to prove they were gone when we left, or if looking at the agents photos, the returning in the same condition we got it.

The plants are slightly more ambiguous. They were present but smaller when we arrived. Over two years has passed. The question is whether the expectation is that plants in a garden are there to grow or if they are to be cut back to the precise height they happened to be when we arrived. I didn’t see this one coming or would have spared the 10 mins to cut them back (I did regularly through my tenancy so it was always neat). The check in photos show the plants there and the check out shows they are bigger and cover the fence more.

It feels rediculous to me but I would like a fresh perspective to advise. The estate agent has said if we don’t accept it and it goes to dispute resolution, we should expect the landlords to add additional charges to the list. I can’t see what they could charge given we got the property in a dirty state and returned it spotless (out of the kindness of our hearts towards the next tenants).

These have been very different to previously landlords from the beginning, ignoring essential maintence until forced by the estate agents when a safety issue arose, coming around unannounced and yelling at us over nothing because he got angry, etc. There are mutliple major maintence jobs outstanding from over a year ago so the idea of them being upset over some gardening sounds laughable. It feels to me like a blatent money grab.

I’m finding this really stressful - should I pay up just to make the issue go away? Or am I in the wrong? Or should I let it go to the dispute services?

Comms69

Just go to dispute. It's what it's there for.


No it's not reasonable, but that hasn't stopped landlords trying this on for years, and will continue to too

Trixsie1989

Go to dispute, I don't think you will lose any of your deposit at all.

diggingdude

Go to dispute and tell the agent you will be making a record of the costs this has for you also, so when you win you will then go to small claims court for your additional charges from the landlord ( hopefully that will cut out their threatening behaviour)

Liz1729

Thank you all. This is reassuring.

The threatening behaviour is the worst of it. He has come around at random times of the morning when I have answered the doorbell in my dressing gown and leered at me, where I then insisted he must give notice of his arrivals. He retaliated by doing no maintenance. The estate agents forced his hand when there was a safety issue and he appeared unannounced at the door and shouted insults and threats at my husband (I hid upstairs). We met with the estate agents who admitted they have loads of protections for landlords against dodgy tenants but none for tenants against dodgy landlords! We found a new place as soon as possible but didn’t risk anything against the landlords as they would have made us homeless. This last attempt at theirs to threaten us with a ‘pay up now or we try for more’ will surely be seen through at the dispute? I can’t believe the cheek of the estate agent either (who this is all going through) who claims that we are supposed to ensure the property is weed free for up to two weeks after we go, and that the contract ‘clearly’ states the garden must be returned in the same state yet ‘clearly’ the plants are there posing a potential bug infested nightmare for the next tenants. I’m venting now as i’m being oh so polite, factual and concise to the estate agent so I don’t accidentally give them anything to use against me.

Digging dude, what do you mean the costs this has to me also? Do you mean my time in resolving this?

Liz1729

Well, I think they have won. The estate agent has advised that the landlord will be pursuing additional claims (unspecified) which I know are nonsense but it will costs us the time and hassle but unlikely any money. The winning move however, is the estate agent, they have a large fee in our contract for end of tenancy that they will invoke if this goes to dispute. This is to cover the admin costs of putting forward the dispute on behalf of the landlord. The morals of this situation are laughable but when it is a case of paying a end of tenancy fee or paying (lower) made up deposit reductions, this seems an easy choice. I am shaking with anger and stress however. Time to give up?

diggingdude

I meant if they are making up fictitious barges you should also. What fees are they now adding which they weren't before?

mrginge

any clause which is clearly designed purely to restrict your right to seek redress is likely to be unenforceable. They are trying to bully you.

Reclaim your deposit in full and tell them to eff off.

Pixie5740

Liz1729 wrote: »

Well, I think they have won. The estate agent has advised that the landlord will be pursuing additional claims (unspecified) which I know are nonsense but it will costs us the time and hassle but unlikely any money. The winning move however, is the estate agent, they have a large fee in our contract for end of tenancy that they will invoke if this goes to dispute. This is to cover the admin costs of putting forward the dispute on behalf of the landlord. The morals of this situation are laughable but when it is a case of paying a end of tenancy fee or paying (lower) made up deposit reductions, this seems an easy choice. I am shaking with anger and stress however. Time to give up?

Hell no! I sure as hell wouldn't throw in the towel. I would use the deposit scheme because landlords and letting agents like this are exactly why they were introduced in the first place. Stop being so defeatist.

Marvel1

Liz1729 wrote: »

Time to give up?

:mad: They use this as they know they will lose and hope to scare you into backing down.

Red-Squirrel_2

Do not roll over and let someone steal YOUR money!