Can landlord add additional costs after already proposing deductions to deposit?

lucas20042004

Hello,

I’ve been trying to get my deposit back for 3 weeks from a managing agent. They came back today saying the landlord has proposed a £50 deduction for “garden compensation”.

I queried this, subsequently refused and provided evidence as to why I’m not liable for this cost and I’m happy to resolve via the dispute service. I was told that the cost was for trimming of shrubs even though I know this was done and the check out report states good seasonal order.

The agent must have not liked this response as they came back saying that they would follow up with the landlord, but then started mentioning a “lost key”.

They are referring to a lost key at check out which I’ve had a conversation with them about, but I figured they must have found it because they went quiet and hadn’t responded for a couple of weeks.

My question is can they start adding costs on for replacement locks etc even though they’ve already come back with their proposal of £50 for the garden? 

Clearly the agent is being petty and might have not expected me to contest the charge.

Thanks

anselld

It sounds like informal discussions at this stage, so yes they can add anything they find but they need to prove it is a valid claim.  You can of course start a claim yourself for the return which will force the Landlord to make a more formal submission to the Deposit Scheme.

toby3210

They can add anything until the last day (14 days after you leave). After that day they need to give you any undisputed amounts back.

lucas20042004

toby3210 said:

They can add anything until the last day (14 days after you leave). After that day they need to give you any undisputed amounts back.

It’s been over 14 days since my tenancy ended and all they came back with was the £50 garden charge which was today.

lucas20042004

Unfortunately if they follow through with the key issue I might not have a leg to stand on.

I gave the check out clerk 3 keys during check out. I received the report the next day but the photo only included 2. The photo was clearly not taken in the property - looks like a car seat. I imagine it’s been lost after she’s left the property but I have no proof.

Grumpy_chap

lucas20042004 said:

Unfortunately if they follow through with the key issue I might not have a leg to stand on.

I gave the check out clerk 3 keys during check out. I received the report the next day but the photo only included 2. The photo was clearly not taken in the property - looks like a car seat. I imagine it’s been lost after she’s left the property but I have no proof.

You could contest that "lost key" as well if the photo was taken in the Agent's car seat.
It would be entirely possible that she walked out with the two keys in her hand plus whatever else paperwork and such like, used the third key to lock up and then simply put the third key in her pocket as habit (like leaving her own home).  Hence, one key short when taking the photo in the car.

How obvious is it that the photo was taken in the car?

lucas20042004

Grumpy_chap said:

lucas20042004 said:

Unfortunately if they follow through with the key issue I might not have a leg to stand on.

I gave the check out clerk 3 keys during check out. I received the report the next day but the photo only included 2. The photo was clearly not taken in the property - looks like a car seat. I imagine it’s been lost after she’s left the property but I have no proof.

You could contest that "lost key" as well if the photo was taken in the Agent's car seat.
It would be entirely possible that she walked out with the two keys in her hand plus whatever else paperwork and such like, used the third key to lock up and then simply put the third key in her pocket as habit (like leaving her own home).  Hence, one key short when taking the photo in the car.

How obvious is it that the photo was taken in the car?

Not that obvious - it’s some patterned fabric so I assumed it was a car seat. She certainly didn’t take it when I was there. There’s pics of the back door key and gas meter key on the kitchen counter. 

pramsay13

Stop debating with the estate agent.
Just submit to the deposit scheme that you want it all returned and then use the scheme's arbitration service to debate it.

lucas20042004

pramsay13 said:

Stop debating with the estate agent.
Just submit to the deposit scheme that you want it all returned and then use the scheme's arbitration service to debate it.

I will wait for their response and probably do that, if they don't agree to return it all.

Herzlos

Don't wait too long. Tell them that the 14 days have expired and if they don't give you justification by the end of the week you're taking it to the arbitration service.

They probably don't want to go through the hassle but you'll need to apply pressure on them or they'll keep fobbing you off.