We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
Unfair deposit deductions by the landlord
Sylwia67
Posts: 7 Forumite
I do apology for the long post but I wanted to explain my situation as best as possible as I am confused to what should I do next?
I recently moved out from the rented property where me and my family stayed for 2 years. The property was managed by the landlord but also by the letting agency in regards to putting it on the rent market, contract agreements, deposit, check in and out as well as the rent payment.
Before we handed over the keys to the agency we cleaned the flat so we felt and left it in the same condition as when we moved in. We took some photos of each room to show that the place was tidy and clean. The inventory clerk (independent from the landlord and the agency) came the day after we moved out to do the check out inspection. In the report which we received a copy of the only thing which was mentioned was some dust on one of the shelves in the kitchen and on the ceiling shade in the living room as well as blackened bathroom mastic to bath tub. There was also a comment that we should be charged for this. Nothing else was mentioned in the report as damaged or missing.
Couple of days later I received an email from the landlord claiming that there are a couple of issues with the property and that we have to pay for the following:
the toilet sit which he claims was broken and very dirty, the ceiling in the bathroom which needs to be repainted, as well as the curtain poles which was removed and new ones installed without his permission. I have fitted a new curtain poles that's true and I agree that he might occur costs of fixing the old ones back which we left at the property btw. New one (ours) and the old one (landlord). We also left some of our stuff in the shed. All this he said it will cost him £250.00 which he wanted to claim from our deposit and I refused him to do so . Firstly because we have informed the agency the next day we moved out that we would like to collect the items left behind which we did two days after. The letting agent was present at the time we collect the items. Secondly the toilet sit was already broken prior to us moving in and it was recorded in the inventory check in report with photos attached. The toilet was clean and I have photo taken by the inventory clerk to support this. I asked him to revise his costs taking to the account that the toilet sit was already broken (send him copy of the check in report) and that we collected our stuff with permission of the agency. I received an email from him saying that he was very disappointed and that I was unprofessional to enter his property without notifying agency or himself which I found ridiculous as we did not have keys and the appointment we made was with the letting agency unless he thinks we are ghosts and can fly through the walls (sorry being a bit sarcastic here). He also added another thing on the list which was the lyno in the kitchen he claimed was damaged and needed to be replaced and that the total cost he is planning to charge us will be £230.00. I told him that the lyno was in a good, clean condition no marks, no damage whatsoever, sent him photo and told him that this was also not recorded in the inventory check out report and he can't ask us to pay for this just so he can redecorate his flat for the new tenants. He also claimed that the toilet sit was indeed broken by us even if there is a clear photo and note on the check in report which I found just unbelievable.
Then he send another email claiming that we damaged Ikea bed frame and that he needs to buy a new one which will cost him £270.00. Again I sent him an email saying that we haven't damaged the bed and if we did it would be for sure mentioned in the check out report. The clerk lifted the mattress as he noticed a small stain which was there when we moved in already so he would surely noticed any damage to the bed. I believe he damaged it in purpose so that he could treat himself to a new bed from our deposit. He then email me back saying that he only charge us £190.00 for all the cost he had to incur and if we are not happy than we can take that matter to DPS but this will take months for me to get my deposit back. I then emailed him asking him for the breakdown of the costs as not even once he provided it even when I asked. He then email back saying that the bathroom cleaning cost is £40.00 (bathroom was clean - we have photos), removing of curtain poles £42.00 (ok, but should I ask him to be more specific if this is a cost of fixing the old poles back as I don't want to pay for a new poles), and lyno fixing cost of £70.00 which I am not going to pay for as the lyno was perfectly fine (old I assume as it was there maybe for 10 years or more but still clean, no marks, no damage). I don't know what to do now? Shall I keep emailing him or just go straight to DPS as I am tired of him and his accusations.
Much appreciate for any suggestions and comments. Thank you.
I recently moved out from the rented property where me and my family stayed for 2 years. The property was managed by the landlord but also by the letting agency in regards to putting it on the rent market, contract agreements, deposit, check in and out as well as the rent payment.
Before we handed over the keys to the agency we cleaned the flat so we felt and left it in the same condition as when we moved in. We took some photos of each room to show that the place was tidy and clean. The inventory clerk (independent from the landlord and the agency) came the day after we moved out to do the check out inspection. In the report which we received a copy of the only thing which was mentioned was some dust on one of the shelves in the kitchen and on the ceiling shade in the living room as well as blackened bathroom mastic to bath tub. There was also a comment that we should be charged for this. Nothing else was mentioned in the report as damaged or missing.
Couple of days later I received an email from the landlord claiming that there are a couple of issues with the property and that we have to pay for the following:
the toilet sit which he claims was broken and very dirty, the ceiling in the bathroom which needs to be repainted, as well as the curtain poles which was removed and new ones installed without his permission. I have fitted a new curtain poles that's true and I agree that he might occur costs of fixing the old ones back which we left at the property btw. New one (ours) and the old one (landlord). We also left some of our stuff in the shed. All this he said it will cost him £250.00 which he wanted to claim from our deposit and I refused him to do so . Firstly because we have informed the agency the next day we moved out that we would like to collect the items left behind which we did two days after. The letting agent was present at the time we collect the items. Secondly the toilet sit was already broken prior to us moving in and it was recorded in the inventory check in report with photos attached. The toilet was clean and I have photo taken by the inventory clerk to support this. I asked him to revise his costs taking to the account that the toilet sit was already broken (send him copy of the check in report) and that we collected our stuff with permission of the agency. I received an email from him saying that he was very disappointed and that I was unprofessional to enter his property without notifying agency or himself which I found ridiculous as we did not have keys and the appointment we made was with the letting agency unless he thinks we are ghosts and can fly through the walls (sorry being a bit sarcastic here). He also added another thing on the list which was the lyno in the kitchen he claimed was damaged and needed to be replaced and that the total cost he is planning to charge us will be £230.00. I told him that the lyno was in a good, clean condition no marks, no damage whatsoever, sent him photo and told him that this was also not recorded in the inventory check out report and he can't ask us to pay for this just so he can redecorate his flat for the new tenants. He also claimed that the toilet sit was indeed broken by us even if there is a clear photo and note on the check in report which I found just unbelievable.
Then he send another email claiming that we damaged Ikea bed frame and that he needs to buy a new one which will cost him £270.00. Again I sent him an email saying that we haven't damaged the bed and if we did it would be for sure mentioned in the check out report. The clerk lifted the mattress as he noticed a small stain which was there when we moved in already so he would surely noticed any damage to the bed. I believe he damaged it in purpose so that he could treat himself to a new bed from our deposit. He then email me back saying that he only charge us £190.00 for all the cost he had to incur and if we are not happy than we can take that matter to DPS but this will take months for me to get my deposit back. I then emailed him asking him for the breakdown of the costs as not even once he provided it even when I asked. He then email back saying that the bathroom cleaning cost is £40.00 (bathroom was clean - we have photos), removing of curtain poles £42.00 (ok, but should I ask him to be more specific if this is a cost of fixing the old poles back as I don't want to pay for a new poles), and lyno fixing cost of £70.00 which I am not going to pay for as the lyno was perfectly fine (old I assume as it was there maybe for 10 years or more but still clean, no marks, no damage). I don't know what to do now? Shall I keep emailing him or just go straight to DPS as I am tired of him and his accusations.
Much appreciate for any suggestions and comments. Thank you.
0
Comments
-
Just go through the deposit scheme that's what it's there for.
Did you really use an old broken toilet seat for 2 years🤢
2 -
You mentioned blacked mastic around the bath. Was this like that when you moved in? If not, then it seems fair enough to pay for it to be cleaned/replaced.
The £42 for the curtain pole is reasonable. You are lucky this is all they are charging as they could also charge you for the cost or replacing it with one the same as the old one.
I would agree to the £40 (bathroom - if black wasn't there before) then £42 curtain pole and see if the DPS will release the rest.
Perhaps tell the landlord to return all but £82, but if he wants to take it to the DPS you will contest all but the £42 as the check out inventory and photos show bathroom was clean.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)1 -
Dispute everything via the DPS people.
Ignore the LL and LA as it is up to the LL to prove the condition of the property before and after you lived there.
DPS will decide a fair amount of any deductions3 -
Yes as the landlord was not interested in any repairs or maintenance other than the yearly safety gas and electricity which is compulsory.HampshireH said:Just go through the deposit scheme that's what it's there for.
Did you really use an old broken toilet seat for 2 years🤢0 -
As others have said, stop e-mailing with the landlord, claim your deposit back through the protection scheme.
On the face of it you are liable to pay for the cost of reinstating the original curtain pole and cleaning / replacing the mastic in the bathroom if this wasn't black when you moved in.
Keep the e-mails you have form the landlord proving up those two its of work, as it sounds as though he may try to increase what he is claiming for those, if he can't claim for the other bits!
He will have to prove the damage and as you have the check in and check out inventories, and your photos, it doesn't sound as though he will be able to do so.
All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Go through DPS. The LL doesn't sound like someone who will be reasonable about this, should what you say in your post hold true.0
-
I disagree. this is normal wear and tear and any reasonable LL would rather change the seal themselves to make sure it's done correctly than to let tenants do a possibly sub-standard job. either way, a tub of silicone costs what, a fiver?pinkshoes said:You mentioned blacked mastic around the bath. Was this like that when you moved in? If not, then it seems fair enough to pay for it to be cleaned/replaced.0 -
Did you not think at some point "Ah, sod this. If he won't, I'm not putting up with it..."?Sylwia67 said:
Yes as the landlord was not interested in any repairs or maintenance other than the yearly safety gas and electricity which is compulsory.HampshireH said:Did you really use an old broken toilet seat for 2 years🤢
Change from a tenner, and a couple of minutes basic tool use.
https://www.screwfix.com/p/carrara-matta-s12-export-standard-closing-toilet-seat-thermoplastic-white/9924x
0 -
we didn't have enough savings to move out at that time0
-
I agree with Hannimal. After 2 years of occupancy this should be treated as reasonable wear and tearHannimal said:
I disagree. this is normal wear and tear and any reasonable LL would rather change the seal themselves to make sure it's done correctly than to let tenants do a possibly sub-standard job. either way, a tub of silicone costs what, a fiver?pinkshoes said:You mentioned blacked mastic around the bath. Was this like that when you moved in? If not, then it seems fair enough to pay for it to be cleaned/replaced.
Plus after a year of renting we contacted the landlord and told him that there is an issue with the condensation in the bathroom for which he replay to open the windows which we did when the weather permitted of course.0
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 349.9K Banking & Borrowing
- 252.7K Reduce Debt & Boost Income
- 453.1K Spending & Discounts
- 242.9K Work, Benefits & Business
- 619.8K Mortgages, Homes & Bills
- 176.4K Life & Family
- 255.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 15.1K Coronavirus Support Boards