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Deposit deductions without invoices?

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410 views 1 replies latest reply: 02 October 2015
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Tenant

Hi

 

My partner and myself have just moved out of a rented property that we’ve lived in for four years.

 

The landlord and myself walked around the property on move out day, and she verbally agreed everything was Ok, so I handed the keys over and left.

 

A couple of days later we receive an email with many problems that she now wants to claim for. Just some of these are:

 

Damage to pvc door – this was a mail catcher that attached to the door with very small screws

Oven clean

Whole house clean

Garden tidying

Window cleaning inside and out

Kitchen worktop – there is a tiny dink in the worktop, she claims a replacement is needed

Bedroom carpet

Bedroom curtains

Kitchen vinyl flooring

 

I’ve already stated to her that we caused the bedroom carpet and kitchen vinyl damage (I tried to repair the damage, but I understand that this wasn’t good enough), and I agreed to a sensible amount being deducted from the deposit. I’ve also agreed to the oven clean. I am not agreeing to the kitchen worktop, we don’t remember causing this damage (although the inventory doesn’t mention it, so I’m not sure where I stand here).

 

After many unpleasant emails, I’ve decided to just settle on a price of £630 (of £725 deposit) being deducted from the deposit. She is threatening to take us to small claims court, instead of going to dispute if I don’t agree to this.

 

My concern now is that she has only provided invoices for the oven and garden clean, and provided quotes for the carpet, vinyl (£430) and worktop (£360). Her carpet is already seven years old at least, and the worktop probably much older. Everything else she said cost her money (e.g. redecoration, house clean, new curtains) she has just mentioned and not provided quotes or invoices.

 

I’ve told her I’m not agreeing to the money being released from the protection scheme until she provides invoices.

 

Am I doing the right thing?

 

She has said she can’t afford the repairs until she gets the money, but the new tenants have already moved into her property and I get the feeling she just wants the money.

 

Can she take us to court, and ignore the deposit protection scheme entirely?

 

FYI, she does have a signed check-in inventory, but as far as I know there isn’t a checkout inventory.

 

Thanks

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Administrator

Hi Simon

Contact the deposit protection scheme and raise a dispute over the amounts. That means she will then have to provide proof of the loss and proof of the cost of repairs to the scheme and their word is final on the amount that she should deduct. If she doesn’t have the money to pay the repairs I doubt she will want to pay out for the costs of taking you to court. However, if she does she will still have to prove the loss and a right to the amounts she wants and that will require evidence and invoices. So don’t be intimidated.

Contact the scheme first and raise the dispute as soon as you can. Her financial woes are not your issue – she’s a landlord with new tenants in a property, she’s not exactly without an income.

Alex

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