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Deposit Dispute

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48 views 1 replies latest reply: 20 November 2016
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Tenant

Hi, I’ve recently vacated a property which was let long term, intially on a 6 month AST which then turned into a rolling contract. My deposit is protected and I have not yet applied to receive it back but that hasn’t stopped my LL from contacting me directly to say he’ll be making certain deductions and asked me to confirm that I am happy with this. When I told him I wasn’t, he suddenly said that because I’m being unreasonable, he’s now going to charge me more (I have all of this in writing as he sent it via text) can he do this? 

He’s saying the new tenant wants to have the property ‘deep cleaned’ which is fair enough but our AST clearly states that the property needs to be left in the same condition as how we received it – which was nothing short of disgusting and we were forced to clean thorougly before moving our things in and despite this, we still cleaned before leaving! Also, we picked up our keys from an agent at their office, we were not given an inventory report and there was no check-in our check-out performed. Our LL simply told us to post the keys through the door. 

Also, he is trying to charge us for work carried out during our tenancy, nothing that needs doing now. For one, the garden which we were perfectly happy to clear as it says in our AST that it’s our responsibility but he said one day that he’d be coming round to do it so we didn’t think much of that, he didn’t hire a gardener, he did it himself and this was 6 months before we moved out. The garden is mainly gravel so there isn’t really much maintenance for it. Then there’s a cost of replacing some white goods in the property, specifically an oven which, at the time of breaking, did not have a gas safety certificate and our LL never previously made any mention of us paying for this! This happened two years ago!

The fact is that my LL has never done any work to the property since purchasing it. He’s taken months to repair things, choosing to do the repairs himself rather than hire a professional and now he’s trying to charge us for this which I feel is ridiculous.

Any advice would be greatly appreciated! I will be going through the deposit dispute system and am in the process of writing my initial letter to request my deposit back but thought I’d ask for some advice incase anyone has any tips for me, thank you!

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Tenant

Relax, 

Most of these are your landlord’s responsibility anyways – repairs, replacement of faulty electrical equipment. The garden work is your responsibility as per the contract, but since he volunteered without every mentioning that this is “paid service” that can be deducted from the deposit, it wouldn’t fly. 

The cleaning bit and any interior damage / deterioration are all dependent on the move in and move out reports. IF none of these were taken, or you’ve not received a copy to sign, etc, there is no way to prove that the condition has changed during the tenancy whatsoever. 

You’re innocent until proven, and the deposit protection scheme is aware of that, so if it ever goes into a dispute, make sure to lay all these facts on the table. 

Here is some more information:

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-protection-schemes/

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-disputes-3/

http://www.thetenantsvoice.co.uk/advice_from_us/the-return-of-your-deposit/

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