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IS DEPOSIT DEDUCTION EQUITABLE

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52 views 1 replies latest reply: 03 November 2016
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Tenant

My daughter moved into a rented property, her deposit is held securely.

The property was being managed by the landlord directly and not through an agent. Prior to moving into the propoerty 2.5 years ago there was no check in – inventory carried out.

My daughter has kept the property very clean and in good order in fact it is much cleaner than it ws when she moved in.

She had to move out because the landlord was hastling her turning up at different times and texting until 3am on various occassions. She moved out on the 21st October and handed the keys back on the 31st. The house was spotless and professionally cleaned.

The landlord accepted the keys but has written to my daughter stating that there were scuffs on the wooden floor in two places, the wood was split of pprox 5 cm on the inside of a cupboard by the cupboard handle and marks on a part of the wall going up the stairs.

My daughter states a] she didnt know anything about the inside of a door handle wood split and the scuffs were there and caused by the previous owner of the property, the marks on the wall were due to day to day living.

Is it correct that he witholds her deposit or a percentage of it and how long should she wait for it to be returned?

Thanks

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Tenant

Open a dispute in the scheme where the deposit is protected. As the landlord has no inventory, there is no way to prove that these were not in the property before your daughter entered in occupation. 

In any case, a couple of scuff marks cannot be passed off as real damage. These should fall under wear and tear, especially since your daughter move in 2.5 years ago. 

The ADR should rule in your favor, provided there is nothing else to discount against. However, one of these cases with the ADR takes on average 6 weeks, could be more before she gets the entire sum. Everything that is not disputed by the landlord should be returned sooner. 

Use these pages for more information:

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

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

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