Landlord claiming deposit for previous tenants' mess.

SMmack

After paying early release we handed over the keys and had an inspection done, to which there were several damages, wear and tear and unlisted inventory left over. I just received an email saying that the landlord would be claiming my deposit for these issues. I would normally pay this however it should be noted that the flat was a poor state or cleanliness when we first moved in. The previous tenants left damages to the flat inventory and left many items over from their stay. We received notification that the landlord had claimed their deposit, however the flat was not cleaned or repaired prior or after our moving in, or after. To clarify no cleaning, repair, or removal of the previous tenants belongings has been done since they moved out, yet the previous tenants had their deposit claimed to do this and the landlord is now trying to claim ours as well.


There are damages in our inventory that are visible in the photos from the previous inventory, but not mentioned eg.
My inventory:

Spanning photo from original inventory. Notice the light was then loosely fitted and unrepaired:


Others show items and areas not checked in the original inventory, but were in ours, this blanket was left in the tv unit after the previous tenants, but the inside of the tv unit was not even checked in the original inventory:

And here is the big one, general cleanliness of the floor and flat, we have left the flat in the same state if not better, however they are treating it as if it would have been actually cleaned when in fact, it was never seen to:

These remedies were never made, the reasoning for this was justified as "due to covid". I'm fine with paying for any fair issues, however we do not feel it fair that we be made to pay for the issues of the previous tenants, especially when the landlords have already claimed the money to remedy these but just not taken action towards it. More examples include mentioning limescale in the bathroom in both inventories, saying the first would be remedied, but again charging us for the limescale not being remedied later. And mentioning staining on the walls, again charging us for those stains being there upon move out.

These landlords have also been very uncooperative and are part of the reason why we decided best to move out under early release, I'd like them to claim as little of our deposit as possible. Is there anything we can do to attest and  save a larger portion of our deposit?

moneysavinghero

Raise a dispute with the deposit scheme

MaryNB

Dispute it with via the relevant deposit scheme. The photos clearly rubbish their claim about the light fitting. For the second bit they've admitted the previous tenant did not clean and unless they have evidence they subsequently cleaned they may have a hard time claiming for that. 

Did you take any pictures when you moved in? With regards to the statement they didn't clean due to covid, do you have this in an email you could use to back up your case?

princeofpounds

Yes. Raise a dispute with your deposit protection scheme and go to arbitration.

- The landlord carries the burden of proof, so to make deductions has to show evidence of condition at the start of the tenancy and at the end. However proof has to be 'on the balance of evidence', so not as high a hurdle as the 'beyond reasonable doubt' you would get in a court case.
- You can defend against the landlords claims by either pointing out a lack of evidence, and claiming it was already like that when you moved in, or providing evidence that contradicts his claims.
- You can also dispute the amounts the landlord wants to charge. A particularly important concept here is 'betterment' - the landlord is not entitled to new for old, only the depreciated value of whatever is broken.

Regarding your specific points:
- The light fitting was broken on entry, the claim in the leaving inspection is false. You have a photo. Case closed.
- The blanket was left behind in an old TV unit that was not checked in the original inventory, we never opened it so it was there the whole time. Plus is it 'de minimis' to throw this in the bin. 
- The original inventory records that the property was not cleaned to a good standard on entry. It claims that cleaning would be provided. It never happened (Landlord would need to provide evidence like a receipt, but any email or letter you wrote complaining about the lack of cleaning would be useful).
etc.

You should win on pretty much every point.

The fact that the landlord took money from previous tenants for these issues is totally irrelevant. All that matters is condition at start, condition at end, the evidence provided, and valuing the losses incurred (if any).

saajan_12

SMmack said:

The previous tenants left damages to the flat inventory and left many items over from their stay. We received notification that the landlord had claimed their deposit, however the flat was not cleaned or repaired prior or after our moving in, or after. To clarify no cleaning, repair, or removal of the previous tenants belongings has been done since they moved out, yet the previous tenants had their deposit claimed to do this and the landlord is now trying to claim ours as well.

Whats the relationship with the prior tenants - eg did you replace them because they wanted to leave early etc? If not and it was a completely separate AST, then the prior tenants damages / deposit deductions / how he spent that isn't directly your concern. The LL is allowed to deduct the money to fund repairs years later, or as compensation for a detiorated property (eventually will be harder to let) etc. 

The key is how you received it vs how you returned the property. The LL has the burden of proof, but bear in mind the degree of proof needed for effectively a civil claim. Ideally you would have pictures of how you received it, particularly any damages you found. You certainly can refute, but it'll depend on who's proof is more convincing. 

SMmack

There are 36 total issues, most are bull, some are wear and tear, and some are valid. Would I need to go through the claims process on every point? 

We asked about the state of the flat on moving in and were advised that the landlord had claimed their deposit and that the repairs would be done on the following weeks. This was postponed indefinitely due to covid, or at least until we move out and they can try and charge money.

Would it help to see the entire documents?

princeofpounds

Yes, you rebut point-by-point, but you may find many of the claims disappear when you go to arbitration. If an arbitrator sees silly claim after silly claim coming from the landlord, they can even choose to dismiss claims the landlord may have won.

Why would we want to see the entire documents? It's not that hard once you get the basic idea.

You don't have to write out a whole essay to start with, just claim your full deposit back.

greatcrested

The LL needs to show that each issue was caused by you, not befoe your tenancy.

The usual way to do this is by comparing the condition of the property at the start of your tenancy, as shown on your inventory, with the check out report.

So if your original inventory and photos shows an item was damaged when you moved in, he cannot claim it.

Raise a dispite.

Yes- you will need to dispute each item individually, either by accepting it was your responsibility, or by denying it and explaining why.