Unfair deposit deductions by the landlord

saajan_12

Sylwia67 said:

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.  okay, though independent doesn't always mean thorough. It'll be an extra hurdle for the LL to prove damages which weren't picked up by the checkout, but not impossible
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 - okay, so minor cleaning, negligible charge. 
as well as blackened bathroom mastic to bath tub. - that doesn't sound like wear & tear, as it could have been avoided by regular cleaning. 
There was also a comment that we should be charged for this. - okay, but not up to them what you are / aren't charged for. For all they know, it could have been pre-existing. 
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, - was it broken / dirty? do the photos before / after show this? Neither would be W&T so if the damage was done during your tenancy, then depreciated replacement + fitting would be at your cost. 
the ceiling in the bathroom which needs to be repainted, - why? eg peeling paint due to tenants not ventilating, or eg marks from a leak above etc? 
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). - okay, that would be your cost to remove yours and reinstate the originals. 
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. - you're lucky they agreed to this, they didn't have to accommodate as its your responsibility to have everything vacated by the end of the tenancy, not 2 days later. If the agent charged the LL for their time in visiting the property for you to collect, then the LL may be able to recover that from you. If they were there for something else and there was no cost to the LL then you're lucky. 
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. - LL is wrong then. Push back. 
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). - that's irrelevant. The agent is the LL's representative, so if they agreed to something with you, its as if the LL agreed. If the LL doesn't like it, they can take it up with their agent. 
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. - a) its up to the LL to prove damage, and if there really wasn't any then he probably won't get anywhere. b) even if you did damage the lino, the LL would recover the depreciated cost of materials + labour, not the full replacement cost. Lino doesn't have a particularly long lifespan, and he should expect to replace every ~5 years or so anyway. So, unless it was new when you moved in, there's likely negligible value left anyway. 
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. - again up to the LL to prove damage. If there really wasn't any, then can't see him getting too far. 
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. - he's just trying to scare you, ignore that. He should return the undisputed part promptly anyway. Its up to you if the dispute is worth it - I have personally settled at a figure where both sides were happy to give in a bit rather than go through all the back and forth, but if you're happy to wait, nothing wrong with that. 
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), - if that's for the mastic, fair enough
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), - sounds about right for labour to remove yours, fit old ones, make good if the holes are different sizes.. 
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 agree with you, £0 if your pictures / checkout pics show no issues. 
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.

 

Usually I'd suggest discussing directly with the LL / tenant if you can keep things civil, as with the DPS its more of a one shot meaning more time preparing. However it seems you have already gone back and forth a fair bit and its not going anywhere, so at this stage go to DPS. That'll force the LL to declare his complete list of deductions rather than keep coming back with more niggles. 

If you want you can try once more to agree a "full and final settlement" at £X only if the balance is returned within 5 days. I'd make clear that this is an offer "without prejudice" - ie you don't agree you did £X of damage, but its just an offer to close the matter instead of continuing the debate on every picture. If the LL doesn't return the balance within the timeframe, then take it to the DPS and present your case with whatever proof you have. 

Hannimal

Robbo66 said:

Hannimal said:

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.

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?

Rubbish, I have been in my house for going on 7 years and the mastic around the bath is as white now as when it was first done. All that's needed is to wipe away any soapy water after a bath or shower and you wont get the mould.

I also have immaculate mastic but I re-did it in October when I bought my place. I was in my previous place for 6 years and despite keeping it as clean as I could, it did start to get black spots behind the taps. I suspect the seal had not been done for a few years before I moved in and maybe some water got to under it. Anyway, it is absolutely impossible to ascertain whether that is neglect or something else - and whilst for you and me cleaning around the bath after every shower might be doable, most people do not do that. Even with the most careful use, the seals do not keep forever. Especially as the OP states they had a damp problem in the bathroom.

Wanderingpomm

pinkshoes said:

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. 

You can be charged for replacement curtain poles as per the old ones with 2 years of wear, (if they were new to start with) £42 seems a lot for that. They CANNOT buy new ones. If the ones you left are equivalent then it’s unlikely they can charge anything