Deposit deductions by landlord

Seanmac

I vacated a property I rented for three years. My deposit was secured with TDS. I cleaned the flat thoroughly including all appliances etc. and the landlord visited to check it on the last day before I vacated. There was damp and mould issue in the property and I did raise it with the landlord but nothing was done about it and instead, I was asked to vacate the flat. I agreed to vacate the flat on the understanding that my full deposit would be returned. The landlord is insisting on deducting 40% of the deposit for what he calls deep cleaning. He says the apartment smelled of food and the carpets need deep cleaning. I always used my own carpets over the carpets in the flat since they looked quite shabby. There was no in-person inventory when I collected the keys from the estate agent's office and I did not sign any documents. I just feel it is extortion. It was an unfurnished flat. I will be left out of pocket if they make those deductions. 

Any ideas what I can do? I am considering raising a dispute and then filing a county court claim.

AdrianC

Just reclaim it from the deposit protection scheme, let their arbitration sort it out.

Slithery

Seanmac said:

Any ideas what I can do? I am considering raising a dispute and then filing a county court claim.

No need for a small claim, just dispute it with the deposit scheme and as there was no check-in inventory there is a very high chance that you get your deposit back in full.

greatcrested

Why do both? Either use the arbitration scheme set up by the government for precisely this type of thing, and save the over-stretched courts yet more work, or don't.

There was damp and mould issue in the property and I did raise it with the landlord but nothing was done about it and instead, I was asked to vacate the flat.

What do you mean. When did you 'raise it'? Some time ago, and then you were served notice?

Or you raised it in the final day or two? If this latter, why did you not report it properly as required during the tenancy?

I agreed to vacate the flat on the understanding that my full deposit would be returned.

If you had served notice, or a court had ordered you to leave, then you had to leave, irrespective of any 'understanding'.

Likewise if you and the LL had agreed a mutual surrender.

If the LL had served you notice but not obtained a court order, what exact form did this 'understanding' take? What was written?

If there was no inventory, or other evidence, describing the condition of the property when your tenancy started, it will be hard for the LL to prove you have left the property in a worse condition at the end than it was at the start.

Post 3: Deposits: Payment, Protection and Return.

Grumpy_chap

Let the deposit scheme determine the amount of deposit to be returned to you.
If, as you say, there was no check-in inventory of any kind, you should get it all back.  I assume you had at least your own photos.

Seanmac

greatcrested said:

There was damp and mould issue in the property and I did raise it with the landlord but nothing was done about it and instead, I was asked to vacate the flat.

What do you mean. When did you 'raise it'? Some time ago, and then you were served notice?

Or you raised it in the final day or two? If this latter, why did you not report it properly as required during the tenancy?

I agreed to vacate the flat on the understanding that my full deposit would be returned.

If you had served notice, or a court had ordered you to leave, then you had to leave, irrespective of any 'understanding'.

Likewise if you and the LL had agreed a mutual surrender.

If the LL had served you notice but not obtained a court order, what exact form did this 'understanding' take? What was written?

If there was no inventory, or other evidence, describing the condition of the property when your tenancy started, it will be hard for the LL to prove you have left the property in a worse condition at the end than it was at the start.

Post 3: Deposits: Payment, Protection and Return.

I raised about the damp and mould almost a year ago but nothing was done. The landlord saw the damp and mould that time. I was blamed that it is my own doing as I may not be running central heating much. All assumptions of course. 
He issued a section 21 notice almost a year ago and I was not able to leave then and he did not go to court but whenever I complained about boiler problem or mould he asked me to vacate. I had to threaten reporting to the council and then only he dealt with the boiler issue. It's on sms. I emailed to estate agents more recently offering to vacate at a certain date if they refunded my full deposit and received a response that I can vacate. 

If they come up with inventory for around that time without my signature will that be acceptable for the courts or the TDS adjudication? 

greatcrested

So far as the damp/mould is concerned

* it should have been reported properly to the landlord at the (postal) address provided (S48 Landlord and Tenant Act 1987 )

* had you then referred it to Environmental Heath

a) they might have enforced action (The Homes (Fitness for Human Habitation) Act 2018 ) and

b) any subsequent (or existing) S21 from the LL might have been invalidated (Deregulation Act 2015 (S33) as so-called 'revenge eviction'.

It is indeed possible that the damp was 'your own doing' though impossible to say either way without more detail. See

The tenantsvoice (damp advice)
My Deposits - Understanding Damp and Mould

Having said that, the damp /mould does not appear to be why the LL is proposing a deduction, so it's now water under the bridge.....

deep cleaning. He says the apartment smelled of food and the carpets need deep cleaning.....

If they come up with inventory for around that time without my signature will that be acceptable for the courts or the TDS adjudication?

Do you mean if they fraudulantly produce an inventory retrospectively? You would contest it and the court/arbitrator would have to decide who they believe.

Or do you mean there WAS an inventory when you moved in, but that you did not sign it? That might be acceptable, but would carry a lot less weight with the court than if you had agreed/signed it, especially if you contest the accuracy of its contents. If this latter, what does this inventory say?

In any case where the two sides claim different things, the court/arbitrator will consider the claims, and associated evidence provided. There is no "this evidence or inventory is 'acceptable' therefore we rule for the landlord/tenant. They will decide on the balance of probablity who they believe, and what they think is most fair.

I emailed to estate agents more recently offering to vacate at a certain date if they refunded my full deposit and received a response that I can vacate.

That sounds like an offer to surrender the tenancy which they accepted. However, to be sure, and to properly understand the terms of the surrender, the exact wording of both emails is needed.

Seanmac

Thanks greatcrested

Seanmac

greatcrested said:

I emailed to estate agents more recently offering to vacate at a certain date if they refunded my full deposit and received a response that I can vacate.

That sounds like an offer to surrender the tenancy which they accepted. However, to be sure, and to properly understand the terms of the surrender, the exact wording of both emails is needed.

The communication was like this..

My email:

I am your tenant living in Flat xxxxxxxx. Previously, I received a notice to vacate the property and I was having some problems and was not able to do so. I am willing to vacate now. I would like to reach an agreement date to vacate the premises. Can you please speak to the property owners and confirm if it would be alright for me to vacate by 8th January 2021 and they will pay me back my deposit in full?

Reply from the estate agent:

I have spoken to the landlord and was advised that you can return keys to the office on the 8th January please, we will then be able to arrange to complete the check out. 

SpiderLegs

Seanmac said:

greatcrested said:

I emailed to estate agents more recently offering to vacate at a certain date if they refunded my full deposit and received a response that I can vacate.

That sounds like an offer to surrender the tenancy which they accepted. However, to be sure, and to properly understand the terms of the surrender, the exact wording of both emails is needed.

The communication was like this..

My email:

I am your tenant living in Flat xxxxxxxx. Previously, I received a notice to vacate the property and I was having some problems and was not able to do so. I am willing to vacate now. I would like to reach an agreement date to vacate the premises. Can you please speak to the property owners and confirm if it would be alright for me to vacate by 8th January 2021 and they will pay me back my deposit in full?

Reply from the estate agent:

I have spoken to the landlord and was advised that you can return keys to the office on the 8th January please, we will then be able to arrange to complete the check out. 

That doesn’t say they will pay you back your deposit in full.

AdrianC

SpiderLegs said:

Seanmac said:

greatcrested said:

I emailed to estate agents more recently offering to vacate at a certain date if they refunded my full deposit and received a response that I can vacate.

That sounds like an offer to surrender the tenancy which they accepted. However, to be sure, and to properly understand the terms of the surrender, the exact wording of both emails is needed.

The communication was like this..

My email:

I am your tenant living in Flat xxxxxxxx. Previously, I received a notice to vacate the property and I was having some problems and was not able to do so. I am willing to vacate now. I would like to reach an agreement date to vacate the premises. Can you please speak to the property owners and confirm if it would be alright for me to vacate by 8th January 2021 and they will pay me back my deposit in full?

Reply from the estate agent:

I have spoken to the landlord and was advised that you can return keys to the office on the 8th January please, we will then be able to arrange to complete the check out. 

That doesn’t say they will pay you back your deposit in full.

The OP has made an offer.
They have made a counter-offer.
The OP can accept their counter-offer by returning the keys.

The deposit is in the hands of the protection arbitrators, unless the landlord allows full release.