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Advice needed on a Deposit disagreement.

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226 views 2 replies latest reply: 29 July 2016
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Tenant

Hi there. I am negotiating the release of my deposit from my former landlord but theres a lot of points we disagree on. My deposit is protected through the DPS. He has offered me half of the deposit total backwhich is approx £600. For the rest he is claiming:

  • The house needed to be repainted due to marks left on the wall
  • The garden needed to be being jet washed.
  • Cleaning inside the house not done to a suitable standard and no receipt produced.
  • Access was not allowed by me to the property for viewings and the condition was not suitable to allow viewsings. 
  • and all this caused a delay in re-renting the property which resulted in loss of earning.

I have replied giving my opinions on the matters he brought up as

  • The standard of the paintwork when we moved in was poor. It looked like any marks on walls from previous tenants were painted over shoddily and quickly leaving the walls all different shades of white. So i do not believe i should be charged for the whole house. I also have photographic evidence to back this up. I have agreed to pay for the same standard of paintwork as has been done for previous tennants. 
  • The garden was cleaned by me and my family, to which he inspected while we were there and said it looked great and we had done a good job. Only after we moved out did he say he wanted it jet washed. The cleaning company i hired offered me a jet wash service to which i turned down because the landlord stated he was happy with the garden. 
  • I believed the cleaning was done to an immaculate standard. Everything on the tenancy agreement was cleaned like the carpets, and oven and including other things such as blinds, fridge, washing machine, windows. I also hired a cleaning firm to do all this to which i have the receipt. I did send the receipt to the landlord on the night the cleaning was complete but he seems to of not received it. I choose the believe my email just had a problem and didnt send. I have since provided the receipt which proves the house was cleaned to a professional standard. On top of this i did inform the landlord of which company would be doing the cleaning and informed him if he was unhappy with the cleaning then to get in touch with me or them and they would arrange to come back and redo anything he is unhappy with free of charge. 
  • In regards to the access not being allowed part, he viewed the house a few days before i moved out and picked out what he wanted done. Such as the carpets, oven, fridge cleaned. All of which were done before we moved out and the final inspection. This was also the inspection when he said the garden looked good. We did arrange for him to carry out the inspection the weekend before but i had to go to hospital. He was then away for a week working so really he came to inspect the property as soon as either of us could manage. 
  • And the final part i stated that i dont believe anything caused a great loss of earnings to him. The property was advertised on estate agents and rightmove/zoopla before i had even moved out and an advertising board put up after he inspected the property. He also informed me via text message less than a month later that the property had been re-let when i asked if any post or packages had been delivered to my old address. So i do not believe he can claim for loss of earnings.

He says half the deposit back is fair. I disagree and while i feel i should pay for some of the paintwork i think asking for half is excessive. I want to be fair to him aswell as he was a good landlord and we had no real problems. Some of the things he mentioned flabbergasted me and my family though. So i agree some cost towards repainting to the standard he usually paints.

He has since stated to please agree to the amount or to suggest an offer i feel justified with. Problem is i dont know how much is reasonable given what we have both said. Can anyone give me some advice on what they believe a fair amount for him to deduct and any other advice on these matters. 

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Agent

Dear H,

From what you have written your Landlord is seeking unjustofied charges. However, Deposits are very heavily regulated and, you will be glad to hear, the legislation is there to protect Tenants much more then Landlords.

If you cannot reach a decision on deductions then you very simply need to raise a dispute with the DPS. When a dispute is raised any undisputed funds shuld be released (i.e. you will get £600 now) and the DPS will act as an arbotrator between the two of you on the other points.

They will liaisie with you and the Landlord and gather any and all supporting evidence from both parties. They will then make a ruling and then allocate the funds accordingly.

From what you have described most, if not all, of the funds will be released to you. You just need to be aware the process can take 6-12 weeks.

 

Hope that helps. Good Luck.

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Tenant

Hi Kristjan Byfield,

Your advice seems to be based on knowledge and you have years of experience. I am facing a similar situation where I, the tenanat, have spent money on the flat to paint it and keep it to a good standaerd. I am waitng for the letting agent to inform me how much they will deduct from deposit.

May i et in touch or write here to get soem advice if I think what they have deducted is unfair.

Regards

S

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