Getting rental deposit back

barrysmith2480

Hi ,

I left my property on the 6th of December but am yet to have the deposit returned.  They are seeking quotes for the following things:

1. Carpet cleaning - two rooms do need a carpet clean and im fine with that.
2. Rear light fixing - the light never ever worked and was covered by a huge bush
3. Gardening - not specific but i think a mow and a weed , since it was winter and soaking wet i didnt mow the lawn as it was just a mud bath , seems a little unfair but i can accept it.
4. Full professional clean - i was under the impression i didnt have to pay for a professional clean since my tennacy was taken out in nov 2019, i cleaned the house before i left but did miss a few spots like under toilet seats but it was still overall in a domestic clean standard.
5. Rubbish left - the inventory shows a cloth and a empty tin of shake an vac i left behind listed as rubbish , one pair of shoes and a small bag in a cupboard if forgot to check on the way out , it also has some really petty photos of a few crumbs of dust on a laminate floor.  this claim feels really petty.

My big issue is they are not communicating with me and i am constantly having to phone them up to get answers, they never reply to emails and never call me back.  Also every time i challenge something with a valid point , ie i left a cross trainer because the landlord would not pay to fix the garage door and i could not get it out they wanted to charge me removal and i refused they just replace things with other items, surely there should only be one list of jobs.

Are the claims fair ? how long should i wait before claim to the DPS scheme ?  

thanks 

sammyjammy

Just claim the full deposit back through the scheme its registered with now, if they respond you can then object to anything you don't agree with it at that stage.  Was there an inventory of the state of the house and garden when you took the tenancy?

MaryNB

You should have started the claim back in December. I wouldn't wait beyond 2 weeks. 

Rear light fixing - if it didn't work at the start of the tenancy then they cannot claim for it. The onus will be on them to prove it worked at the start. 

Gardening is the most often the responsibility of the tenant. If it was left in a worse condition than you found it (and they can prove it) then you don't have much recourse. 

Full professional clean - not enforceable. You only need to leave it as clean as you found it. Do you have photos from the start and end of your tenancy?

Rubbish left - yes they can claim for clearing this. You need to leave the property as you found it. 

theartfullodger

See this helpful advice from the experts in landlord/tenant matters...
https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_deposit_back
&
https://england.shelter.org.uk/housing_advice/tenancy_deposits

lookstraightahead

Rule of thumb:

what isn't wear and tear should be the same as you left it in.

if the house wasn't cleaned to a professional standard when you moved in, it doesn't need to be when you move out. Just leave it the same. If the garden was immaculate when you moved in but a mudslide when you moved out, then clearly they can charge you.

our rental was clean but not professionally cleaned, so we did the same when we left.

we had no problem with the deposit, but I did have over 150 photos on file extra to the check in ones which looked slightly different from the EAs 🤣

PRAISETHESUN

As above, request your deposit back directly from the relevant deposit protection scheme. This will start the clock and force your LL to submit their evidence within a specific time frame otherwise you will win by default. Ultimately the onus is on your LL to prove you've left the property in a worse state than when you moved in, less fair wear and tear. 

The garden and rubbish sound fair game to me IMO, but the cleaning might be subjective - there's no need to have the property professionally cleaned, but if it was prior to you moving in (and the LL can prove it through invoices, etc) then you need to return the property to the same standard (either by cleaning everything yourself, or getting it professionally done).

lookstraightahead

Re the light - what does it say on the inventory? 

GDB2222

sammyjammy said:

Just claim the full deposit back through the scheme its registered with now, if they respond you can then object to anything you don't agree with it at that stage.  Was there an inventory of the state of the house and garden when you took the tenancy?

The deposit schemes have arbitration systems, but these are optional. Both parties have to agree to arbitration. Otherwise, the deposit is kept safely in the scheme, until a court decision or the parties agree between them.

barrysmith2480

lookstraightahead said:

Re the light - what does it say on the inventory? 

lookstraightahead said:

Re the light - what does it say on the inventory? 

The light isnt mentioned on the check in or check out inventory 

Also following the advice on here ive submitted the claim via the DPS , as i rang the agent again and was promised a call back but no one called so im truly fed up they wouldnt do this if i was renting a place with them.  The DPS scheme says 3-4 months for the money is there still possibility to sort it our with the landlord/agent so it doesn't need to take this long ?

saajan_12

barrysmith2480 said:

Hi ,

I left my property on the 6th of December but am yet to have the deposit returned.  They are seeking quotes for the following things:

1. Carpet cleaning - two rooms do need a carpet clean and im fine with that.
2. Rear light fixing - the light never ever worked and was covered by a huge bush - okay, will come down to proof.. did you report it early on? was it noted in the inventory? In general the onus is on the LL to prove the condition at the start, but a sweeping statement saying 'all fixtures working except for those listed' with no mention of it not working may / may not be accepted by the deposit scheme. 
3. Gardening - not specific but i think a mow and a weed , since it was winter and soaking wet i didnt mow the lawn as it was just a mud bath , seems a little unfair but i can accept it. - well mud aside, if there was long grass or weeds that could have been tackled, then you should have done it. If things aren't growing or its water logged due to the weather at this time of the year then that's different. 
4. Full professional clean - i was under the impression i didnt have to pay for a professional clean since my tennacy was taken out in nov 2019, i cleaned the house before i left but did miss a few spots like under toilet seats but it was still overall in a domestic clean standard. - they can't demand a professional clean as a matter of course for no reason. If there is a reason eg mess which can be cleaned then they can charge for that. The LL doesn't have to do it themselves, then can get a 'professional clean' company out to do it. Under toilet seats would be cleaned as a part of a domestic clean, so sounds like something is chargeable. 
5. Rubbish left - the inventory shows a cloth and a empty tin of shake an vac i left behind listed as rubbish , one pair of shoes and a small bag in a cupboard if forgot to check on the way out , it also has some really petty photos of a few crumbs of dust on a laminate floor.  this claim feels really petty. - not petty, if its small you could have sorted it before leaving. However given small volume of rubbish, the cost to remediate should also be proportionately small. 

My big issue is they are not communicating with me and i am constantly having to phone them up to get answers, they never reply to emails and never call me back.  Also every time i challenge something with a valid point , ie i left a cross trainer because the landlord would not pay to fix the garage door and i could not get it out they wanted to charge me removal and i refused they just replace things with other items, surely there should only be one list of jobs. - there's no particular rule saying how they drip feed the list of things. However you can force the issue by just starting the process with the deposit scheme. 

Are the claims fair ? - sounds mostly fair that there is a charge. Depends how much the £ is charged for each one, and if those are fair. 
how long should i wait before claim to the DPS scheme ?  - no need to wait. I usually advise trying to sort out bilaterally, as the DPS may not give you multiple attempts at sending evidence, but if the discussions with the LL / LA aren't going anywhere, then just go to the deposit scheme. 

thanks 

Comments in line.. most look reasonable in terms of the line items charged, but it also depends on the amount for each one. 

barrysmith2480 said:

lookstraightahead said:

Re the light - what does it say on the inventory? 

lookstraightahead said:

Re the light - what does it say on the inventory? 

The light isnt mentioned on the check in or check out inventory 

Also following the advice on here ive submitted the claim via the DPS , as i rang the agent again and was promised a call back but no one called so im truly fed up they wouldnt do this if i was renting a place with them.  The DPS scheme says 3-4 months for the money is there still possibility to sort it our with the landlord/agent so it doesn't need to take this long ?

You can discuss with the LL / agent and if / when you come to an agreement on the value to return, you can close the case with DPS. 

GDB2222

The outside light may just need a bulb. The trouble is that, if the managing agent has to send someone out to do the job, it can easily cost £100 just to change the bulb.