RE: Greedy Lanlord - advice on deposit protection scheme query

Rocky1976

Hello All,

Good Evening.

I would be really grateful if anyone could advise me in my case ..perhaps from your experience.

I have been a tenant in a house nearly for 4 years and moved out recently. We have moved out after 2 months notice and agreed by the landlord, check out was planned 2 days earlier although I was paying for the those 2 days too..

As there was a some scratches on the wall/kids painting marks- we have done a full painting with a agreement of landlord.

Two issues raised by the landlord..

1) Kitchen cleaning was unsatisfactory with the expectation- I agreed for professional cleaning.

2) The painting at the kitchen- there were areas of not looked properly done up to roof (It was done lately in the day)- I have told her that we could fix – the guys who did the job agreed to come and make it better. But the landlord said she would do herself, hence I left this matter.

But a day after checkout – she was raising the second issue and asking for money. But as I was paying for the 2 more days, I emailed to provide the keys for finishing painting job as I have paid for decoration. But landlord did nothing…

Then landlord sent me a quote for repainting the kitchen – 330 pounds and Cleaning bathroom (!!) and kitchen for 140 pounds…

Queries here are:

1) I have agreed for cleaning the kitchen only but she included the bathroom cleaning (for salt deposit from water leak!) for no reason (she agreed as satisfactory during the checkout)…So I am not happy with this
2) Secondly I have asked her for the keys as when I was paying for the property 2 days after checkout- for the painters to do the job.

But she did not give keys but keen mint money from us.


I am planning to make a complaint though the deposit protection scheme (DPS). Anyone could advise us in this matter?


Unfortunately I have not taken photos during the checkout as the scene was very unpleasant/uncomfortable.

I believe that I have given a option to fix the painting in kitchen but she declined. Hence I feel it is up to her sort out.

Thanks in advance.:)

anselld

You don't get options to fix things after checkout. You are not entitled to enter.

However the costs seem excessive. The painting should make allowance for the age since last painted,ie at least 4 years. They don't get new-for-old.

£140 to clean a bathroom is just excessive.

Dispute the claims via the deposit protection scheme.

lookstraightahead

I wouldn't quibble with her. Let the DPS decide. As she's being so pedantic after 4 years of rental income, check whether she's done things by the book - gas safety, check out inventory (before photos of the areas in question?) etc. Then just let the DPS decide.

Comms69

Rocky1976 wrote: »

Hello All,

Good Evening.

I would be really grateful if anyone could advise me in my case ..perhaps from your experience.

I have been a tenant in a house nearly for 4 years and moved out recently. We have moved out after 2 months notice and agreed by the landlord, check out was planned 2 days earlier although I was paying for the those 2 days too.. - That's your choice

As there was a some scratches on the wall/kids painting marks- we have done a full painting with a agreement of landlord. - in writing?

Two issues raised by the landlord..

1) Kitchen cleaning was unsatisfactory with the expectation- I agreed for professional cleaning. - was it?

2) The painting at the kitchen- there were areas of not looked properly done up to roof (It was done lately in the day)- I have told her that we could fix – the guys who did the job agreed to come and make it better. But the landlord said she would do herself, hence I left this matter. - a roof is not your concern

But a day after checkout – she was raising the second issue and asking for money. But as I was paying for the 2 more days, I emailed to provide the keys for finishing painting job as I have paid for decoration. But landlord did nothing… - so dispute it.

Then landlord sent me a quote for repainting the kitchen – 330 pounds and Cleaning bathroom (!!) and kitchen for 140 pounds… - so dispute it

Queries here are:

1) I have agreed for cleaning the kitchen only but she included the bathroom cleaning (for salt deposit from water leak!) for no reason (she agreed as satisfactory during the checkout)…So I am not happy with this - so dispute it
2) Secondly I have asked her for the keys as when I was paying for the property 2 days after checkout- for the painters to do the job. - too late now, but include in dispute

But she did not give keys but keen mint money from us.


I am planning to make a complaint though the deposit protection scheme (DPS). Anyone could advise us in this matter? - not a complaint, a dispute. that is what you have


Unfortunately I have not taken photos during the checkout as the scene was very unpleasant/uncomfortable. - that is indeed unfortunate. I don't know what was unpleasant / uncomfortable - learn to deal with such situations

I believe that I have given a option to fix the painting in kitchen but she declined. Hence I feel it is up to her sort out.

Thanks in advance.:)

Dispute it. It's up to the landlord to prove these claims

AdrianC

anselld wrote: »

However the costs seem excessive. The painting should make allowance for the age since last painted,ie at least 4 years. They don't get new-for-old.

Given the seemingly abysmal "painting" that had already been done, it may not be that simple. A freshen-up of old paint is a quick and simple job. Redoing badly bodged work may well involve a lot more effort.

Rocky1976 wrote: »

2) The painting at the kitchen- there were areas of not looked properly done up to roof (It was done lately in the day)- I have told her that we could fix – the guys who did the job agreed to come and make it better.

If the "guys who did the job" didn't even manage to paint all the way to the ceiling, how bad was the work on the rest of the kitchen? Paint spilt/dripped/run over tiles, fittings, cabinets, floor? That's not wear and tear.

By all means dispute the deductions, but...

Agreed that the time to prepare the property for check-out is before the inspection, not after. The inspection is when the property is handed back.

G_M

As others have said, refer to the deposit scheme arbitrationprocess.


But doing a poor quality redecoration job can be worse than not redecorating at all as it has to be re-done.


And the LL is hardly likely to let the decorators who did a bad job back in again. So the issue seems tobe one of how much is a reasonable cost to put tings right rather that whether things need puting right at al.

muhandis

Based on the details given, the claim costs seem excessive.

Bear in mind that you have lived in the property for 4 years with a family that includes children. Having using the deposit dispute process more than once, what counts as "fair wear and tear" for a 4 year period will be pretty liberal.

It doesn't help you now but in your place I would never have redecorated. Or entertained costs for bathroom cleaning because of salt deposits from a water leak (one of my old landlords tried to get us to pay for salt deposits in the area surrounding the kitchen sink, this was thrown out in the dispute process).

In any case, don't waste time arguing with the landlord. Assuming she has protected your deposit properly, raise a dispute and take it from there. From experience, they are fair and take a very balanced view. The landlord will be required to submit some form of proof to back up the claims being made.

I don't know how experienced you are as a tenant, but as a past serial tenant myself, landlords (sometimes goaded on by letting agents) often try it on during check out, claiming for costs that would never get accepted if disputed. Unfortunately, tenants aren't always aware of how well they are protected by the deposit schemes and/or need the deposit back urgently for cash flow purposes so give in to unreasonable demands.

Rocky1976 wrote: »

Hello All,

Good Evening.

I would be really grateful if anyone could advise me in my case ..perhaps from your experience.

I have been a tenant in a house nearly for 4 years and moved out recently.

Rocky1976

Many thanks.

My question is I was paying for the next 2 days after the planned checkout. Hence I am legally entitled to fix any issues if necessary.

Rocky1976

Thanks AdrianC.

Just to clarify, there was no structural damage anywhere in the property.

I do agree the boys did the decoration job should have paid attention little more. But the landlord's expectation and attitude was something I have never seen in my life (I have moved home and lived in a rented property at least 10 times).

Now I feel it is not about the money but to teach them a lesson for their attitude and ignorance.

Though we checked out after living there for 4 years, my partner could not even be there due to the obnoxious scene by the landlord. There was nothing about fairness and being reasonable to fellow human beings.

anselld

Rocky1976 wrote: »

Many thanks.

My question is I was paying for the next 2 days after the planned checkout. Hence I am legally entitled to fix any issues if necessary.

Checkout means what it says, ie you have left the property. If you wanted to stay till the last day you should not have agreed to an early checkout.

There would be little point in doing a checkout inspection and then letting a tenant back in to do things. That is why checkout inspection is usually on the final day or shortly after the end of tenancy.

anselld

Rocky1976 wrote: »

Now I feel it is not about the money but to teach them a lesson for their attitude and ignorance.

Though we checked out after living there for 4 years, my partner could not even be there due to the obnoxious scene by the landlord. There was nothing about fairness and being reasonable to fellow human beings.

Really no point getting emotional about it. Just make the claim to the DPS based on the facts. Read about "betterment" ..
https://www.landlordsguild.com/how-to-calculate-fair-cleaning-and-repair-costs-betterment/