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Deductions from deposit

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414 views 2 replies latest reply: 13 May 2017
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Tenant

Hi I have recently moved out of my property as a assured shorthold tennant. I cleaned the property and even give it a coat of paint to freshen the place up however the landlord is trying to deduct £162 from my deposit for a light clean.

My questions are:

1 Is there a time frame from me requesting my deposit back to the landlord disclosing if there where to be deductions?

2 if i beleive the property to be clean can I despute of have another reputable cleaning company complete the works at a lower cost?

Thanks You

Peter.

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Tenant

Hello, 

Straight to your questions:

1. – When the tenancy ends, you have to post a notice requesting your deposit back from the landlord. They then have 10 days to respond and initiate a negotiation for deducting portions of your deposit against an itemised list of problems discovered during the final inspection that were not present or less severe in the initial move in inspection. 

2. – You can dispute everything your landlord wants to deduct. It’s up to the ADR service, provided for free by your deposit protection scheme to decide whether the claim of the landlord is valid, or if they are pushing their luck. However, the ADR takes a lot of time and it’s a stretched bureaucratic process, so negotiation between you and the landlord is recommended.

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Tenant

I am just having an issue with my former landlord regasrding the return of the deposit:

Having recently moved out of a property I was expecting my full deposit back as I made sure the property was in a very good state when I left it, cleaned everything and even replaced a light entirely in the bathroom after the previous old one had cracked. The property had no insulation, very little hot water (the shower only) and the only heating was with electric heaters but it was bitterly cold and damp all year round. I was in the property six years but that was because the flat was relatively cheap to rent but it was incredibly unhealthy for my son and I to live there.

 

I found another place recently and moved out. An inspection was done of the property and I received an email to say that she had done the leaving inspection but before my rent was returned my landlord wanted to talk to me about two things. I called (with a friend listening in on speakerphone) and she told me that I need to return a small extension cable and a mortice key for the door. I had no issue with the extension cable (inadvertently packed by friends helping me move) but questioned the key. I was told it was on the inventory and that my parents had known about this too. I checked and the key was NOT on the inventory nor did my parents remember any problems with the key. My landlord insisted she wasn’t lying and that they need to spend £38 on a replacement. Knowing what a tough time I’d had with them my father said to just let them deduct this and then draw a veil over the whole place and move on. I reluctantly agreed. 

 

I subsequently had another email from them stating that they had also now found three grooves on the wooden floor caused by my sofa and need to hire a sander to fix it. They said they would charge me half the cost of the hire of the sander so would deduct another £25 from my deposit. They then chased me as to when and where I wanted the cheque of the remainder of the deposit. Again, without knowing about standard wear and tear I spoke to my parents and they then again said to just pay and never have anything to do with the landlord and house ever again and therefore move on with life.

 

When the cheque eventually arrived I found out that they had deducted ANOTHER £25 from the total due to the repair of a hoover hose they had given me (seemingly for free) after I moved in and that was already repaired with tape. This item, like the mortise key, wasn’t on the inventory.

 

I received no notification that my deposit had been on any Government deposit protection scheme and felt that the previous two deductions were unneccesary and this third (without any consultation or notice) was most definitely a step too far.

 

The house was constantly damp and there was issues with the plaster on the walls of the utility room but my landlord claimed this was due to my not getting enough air to the house and not heating it properly.

 

My question is:

Can they add irtems to be deducted AFTER an inspection and items NOT on the inventory?

Can they charge me now for any perceived damage caused by damp?

Can I take them to court over the deposit not being put in a legally required protection scheme?

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