deposit deductions - landlord sent gardeners in before tenency ended

dancingvicster

We moved out of our rental weeks before the tenancy ended. On the day of check out, we returned to the house early to do final bits and there were the landlord's gardeners busy working in the garden. The 3rd party check out agent wrote in his report that the garden was in the same condition as check in, noting that gardeners were present. The landlord is wanting to deduct money for the gardening claiming that we should pay because it was needed to bring the garden to the same condition as check in. However, we think it's unfair that no third party checked the garden out before they started. We were not quoted for the gardening. The only thing I agreed to in writing was the gardener to attend the property . I was actually there when he did attend - he met the landlord and looked round the garden. This was not a surprise to us as he had arranged for lots of architects, builders etc to attend in the weeks leading up to the end of the tenancy as he was looking into doing substantial work to the property to upgrade it.
Any advice on how we could argue this deduction would be much appreciated. Thanks

Comms69

Yes argue it via the deposit protection service

fishpond

When did you actually move out?
What was the garden like?

G_M

dancingvicster wrote: »

We moved out of our rental weeks before the tenancy ended. On the day of check out, we returned to the house early to do final bits and there were the landlord's gardeners busy working in the garden.

Was the 'day of check out' the day the tenancy ended? Earlier? Later?

The 3rd party check out agent wrote in his report that the garden was in the same condition as check in, noting that gardeners were present.

Presene of gardeners is irrelevant. 'Same condition' so no deduction justified.

The landlord is wanting to deduct money for the gardening claiming that we should pay because it was needed to bring the garden to the same condition as check in.

well his agent seems to disagree!
And doubtless your photos of the garden will back up your argument.


* Deposits: payment, protection and return


Claim the full deposit via the scheme and raise a dispute if deductions are proposed.

dancingvicster

Thanks for your very useful reply. The day of check out was the day the tenancy ended.
The agency have passed on my initial dispute of the proposed deduction to the landlord and I'm waiting to hear back from them. Do I wait to hear or go ahead and raise the dispute with the deposit scheme? The landlord likes to take his time with things! Thanks

hb2

Go ahead and request your deposit back from the scheme, you don't have to wait for the landlord to respond.