End of Tenancy_Left overs

TornSoldier

We recently moved out of our rental and got majority of the end of tenancy actions completed. The Letting agent has surveyed the property and came with following findings
1. Garden boundaries has more weed growth than when we took the property
2. Two of the light fittings need to be screwed back in.
3. TV was reported broken (a crack on the edge). It was there since beginning but we failed to highlight it as we never used and stored it away in a safe place.

Now they have quoted some outrageous price or both.
1. £100 for garden boundaries. We got it done previously for £25
2. Light fittings were just to rotate and fit them back but they are quoting £85.
3. I asked for the original picture of the TV to show crack was there from beginning. But, in worst case, can i keep the tv if they are charging for replacement. Its one of those where I know I am right but I did not raise it back then.
Do I have any rights in the situation? If I disagree with their quote, can I arrange for the repairs with lesser price? Or, its the deposit lost.

Marvel1

Everything you need know, a guide by G_M:

* Deposits: payment, protection and return - https://forums.moneysavingexpert.com/showpost.php?p=67759912&postcount=3

need_an_answer

The general rule is that you should leave the property in the same condition as the check in inventory with an allowance being made for wear and tear.

Are you in agreement that there is additional weeding required in the garden?(price aside)

And the same with the light fittings,were they screwed in when you took occupation of the property?
The position that the LL/agency will be in is that in order to rectify these issues they will need to employ an electrician and a gardener and the potential is that its an hours work for the electrician, and a half day for the gardener....hence the prices quoted.
Is there a photo of the cracked casing on the TV from your check in inventory?
If so use this as part of a deposit deduction dispute...the LL cannot claim the total price of a new for old replacement so only a portion at worst would be required if you are unable to prove the crack was there initially...on the flip side the LL would need to prove that at check in there was no crack!

Now that you have left the property you are not able to get the work done yourself or return to do it I'm afraid....you should have done these things before you left.

You could dispute the items with the deposit service that your deposit is held with however as long as the price charged reflects the work that needs doing and the LL/agent can prove it differs now from when you moved in you may have to swallow the charge.


However it is worth disputing especially if you do have some photos of the areas in question at the time you left the property.

muhandis

£100 for deweeding.
£85 for screwing back some light fittings.

They're having a laugh. They are counting on you not knowing your rights regarding YOUR protected deposit. So well done for posting on the forum.

If you're going to be renting again, write this down - YOUR DEPOSIT IS PROTECTED. YOU HAVE A WHOLE BUNCH OF RIGHTS IN REGARD TO THE LANDLORD TRYING TO CLAIM A DEDUCTION.

No adjudicator is going to award the landlord anywhere even close to the costs that they have claimed.

If they are claiming the corner of the TV was not broken at check in, the adjudicator will require something that proves that, preferably a professional inventory report which mentions the condition of the TV.

In your place, other than any reasonable claims for damage caused by you which does not fall under fair wear and tear (from experience, adjudicators are very liberal when judging fair wear and tear), I would raise a formal dispute through the relevant deposit protection scheme (DPS, TDS or Mydeposits) to get the rest of my deposit back. Raising a dispute costs you nothing and is fairly straightforward (it's not a court of law) and user friendly.

Everything else that you have suggested as solutions are a mere waste of time and WILL cost you much more than what an adjudicator would award the landlord at the end of the formal dispute process.

Finally, DO NOT EVER pay 100% for the landlord to replace anything, even if you have damaged it. The adjudicator will consider the age/quality/expected life of the item and only award a proportionate cost.

For instance, the TV (numbers only for illustration)-

a) Cost of similar replacement - £250.00 - what the LL might ask from you
b) Actual age of TV - 3 years
c) Average useful lifespan of TV - 5 years
d) Residual lifespan c) less b) - 2 years
e) Depreciation of value rate calculated as a) divided by c) - £50 per year
f) Reasonable apportionment cost to tenant calculated as d) times e) - £100.00 - what the LL might be awarded by the Adjudicator if they can prove that the corner of the TV was not broken at check in

TornSoldier wrote: »

Do I have any rights in the situation? If I disagree with their quote, can I arrange for the repairs with lesser price? Or, its the deposit lost.

need_an_answer

muhandis wrote: »

£100 for deweeding.
£85 for screwing back some light fittings.

They're having a laugh. They are counting on you not knowing your rights regarding YOUR protected deposit. So well done for posting on the forum.

If you're going to be renting again, write this down - YOUR DEPOSIT IS PROTECTED. YOU HAVE A WHOLE BUNCH OF RIGHTS IN REGARD TO THE LANDLORD TRYING TO CLAIM A DEDUCTION.

Having followed the threads of this poster...I believe they are purchasing an onward property in or around the Cheltenham area...which I understand is not a cheap place to either rent or buy in.
OP forgive me if I've then made the assumption that the rental you are leaving is also in the same ara


Its a little presumptuous to suggest that "they are having a laugh" simply because the OP hasn't shared with us the size of the garden or the extent of the weeds....and from experience I am able to confirm that the quote given for an electrician in the Cheltenham area for refixing lights could easily be in the ball park quoted.



However as previously suggested I would urge the OP to follow the arbitration route via the deposit service with details of the clear evidence they have to support their claim

muhandis

That's what I recommended as well. Except that the claim is from the landlord not the tenant and they need to support any claims with clear evidence if they hope to get any money out of the tenant's deposit through the adjudicator.

need_an_answer wrote: »

However as previously suggested I would urge the OP to follow the arbitration route via the deposit service with details of the clear evidence they have to support their claim

need_an_answer

muhandis wrote: »

That's what I recommended as well. Except that the claim is from the landlord not the tenant and they need to support any claims with clear evidence if they hope to get any money out of the tenant's deposit through the adjudicator.

Both sides will have evidence,which they both supply as part of the adjudication process

It makes little difference who starts the adjudication process off...it can be the tenant by simply requesting the deposit back in full or it can be the LL listing the deposit deductions they wish to make.

Its unclear from the OP's first post whether this has been done in an informal email between parties or through the deposit portal..but at least we are in agreement that the OP should raise a dispute through the deposit service.

OP the more factual and photographic evidence you have of how you left the property will help you in your claim

muhandis

Looks to me that it's all informal email.

Absolutely. The best outcome for the tenant is most likely to come through formal adjudication. No point exchanging emails with the LL/agent.

need_an_answer wrote: »

Its unclear from the OP's first post whether this has been done in an informal email between parties or through the deposit portal..but at least we are in agreement that the OP should raise a dispute through the deposit service.

TornSoldier

The letting agent has come back with

1. Asking full price for a brand new TV when the old TV was old. I do not think i should give a brand new TV to the LL or he should at least share the cost

2. We had a carpet in a room which I had once dropped an iron leaving a mark. For the same, letting agent has given me quote for a brand new carpet. While I agree carpet damage is my fault, should I still be paying for a brand new carpet when I am not going to use it.

3.£100 for weed removal from the garden boundaries. I don't think i have a challenge there?

Also, what if LL takes the money from the deposit but never gets the work done? Is there a legal right to inform us that money has been spent? I am asking because in our former tenancy, we paid a fortune for the end of tenancy while the LL decided to paint, change carpet for sale. We know this coz the buyer turned out to be a former colleague


Is their an actual betterment law? Should I just forget my deposit

hb2

LL cannot claim for betterment, cannot claim for the full cost of a new carpet (the process of deciding what proportion you should pay has been explained above). The LL does not have to actually get the work done.

TornSoldier

So he could keep the money and live in the current state as is. My only worry/doubt in the carpet is because the letting agent claims they were newly installed when we moved in. So we moved in, lived for 2 years, had an iron mark on it, so I suppose I am liable for a new one?