Landlord deducting from deposit because inventory nuts!

[StarlightMcKenzie]

It's our fault. We didn't check that the freezer contained 2 drawers instead of 3 that the inventory stated, or question their interpretation of 'newly painted with minor scruffs', or the fact that the property contained a number of minor things not contained on the inventory and the fact that we didn't dispute the 3 picture hooks when there were also 12 nails in the wall above the curtain rail that they are saying we put in.

The landlord is now insisting on making a deduction for various things (yet to find out) including the missing 3rd drawer from a freezer that can only contain 2 drawers, the removal of some shelves that were there and also a cable that runs up the stairs that was also there.

We did peel of a tiny piece of paintwork from a door that we put a heart sticker on, but it is clear from that door, and the rest of the décor in the house that no prepping (i.e. cleaning or sanding) was done before any painting and most things were fixed (including light switches) with bathroom sealant.

We assumed since the place was in such a shoddy decorative state that the landlord didn't care too much, but we still took very good care of it, got professional cleaners in and a gardener before we left.

Does anyone have any advice?

[StarlightMcKenzie]

The check out inventory was done by a different company, who did notice all the differences. I was there and agreed the differences. Still doesn't change the fact that the differences were in detail rather than fact.

[StarlightMcKenzie]

bump

[Mabelface]

Dispute it, that's all you can do. If your deposit is in the government rent deposit scheme (as it should be), your landlord will find it difficult to take money that's not owed to him. Take pictures too, especially of the freezer, because that's just stupid.

[StarlightMcKenzie]

I've been told I cannot have access to the property.

I can take pictures of the freezer, but they could say that we replaced it with an inferior/smaller model possibly? The brand wasn't mentioned in the inventory.

[StarlightMcKenzie]

We've been told he WILL be making deductions, not even, he will be seeking compensation for x!

[Ragusa]

Yes, I would dispute it. The fridge thing is daft.

How long were you in the property for? They can't claim deductions for normal wear and tear....and anything they do claim for will have to be evidenced, e.g., they will have to get quotes to prove how much it's going to cost them to put right.

Also, something I read somewhere else was to check that the deposit had been legally lodged, within the required time limit, in a protection scheme. Apparently it's common for landlords not do it within the required time limit and being late could mean you could pursue them for money. I am not usually of the grasping frame of mind but LLs who see tenants as cash cows really get my back up .

[wonderstuff]

If he takes money then you can take it to small claims court. It's such a bugger. WRT the paint he has to take into account reasonable wear and tear.

[schobe]

Star - the universe must have sensed you had room for yet another battle!

Sounds like a tricky one as they will keep quoting the 'you checked the inventory at the start' line.

Is it worth employing animal kingdom and 'dealing with LEAs' strategies at first? I.e. make yourself look very big, prickly and scary and like a potential huge pain the backside and hope they will back down early doors.

[MoreBeta]

Dispute the claim and iot wil go to arbitration if you cannot agree.

The deposit is your money still and the LL cannot unilaterally deduct the deposit as they so please. Moreover, if he/she has not put your deposit in the Govt TDS scheme or other approved scheme then you can www.gov.uk/tenancy-deposit-protection/overview claim 3 x the deposit]] as compensation.

Some LL still think the deposit is there to pay for you to decorate their property. It isnt. Even if there is minor damage, fair wear and tear is allowed and the LL does not get new for old.

[MoreBeta]

Gah!. Link again.

Moreover, if he/she has not put your deposit in the Govt TDS scheme or other approved scheme then you can claim 3 x the deposit as compensation.

[Ragusa]

here is some advice from Shelter.

[StarlightMcKenzie]

It's an agent-managed property. I can't say for certain, but I'm pretty sure it was done properly.

[WhiteYFronts]

Did you sign the inventory on move in to say that you agreed with the condition described or were you just handed a copy?

If you've signed to agree then you're on a sticky wicket. If you didn't then the LL is. When my friend moved out of her place the LL claimed all sorts of damage were my friends fault and produced an inventory that my friend had never seen let alone signed. She got her full deposit back eventually, the Deposit protection won't release on the say so of one party only.

The purpose of the inventory is to protect the LL and they need to make sure you agree, normally by both of you signing each page as you inspect on move in.

[zipzap]

Have you got any photos taken soon after you moved in and just before you moved out to use as evidence?

[StarlightMcKenzie]

No we signed it, but it had words like 'ceilings in good condition'.

Then the check out one said 'ceilings contain blobs of blu tac', which they always did, but I assumed that was why it said 'good' condition and not 'perfect' iswyim.

Check-in said 3 glass shelves and two small cupboards in bathroom. Check out said no glass shelves or cupboards - to be replaced, plus removal of cabinet that has 3 glass shelves and two cupboards

The walls were said to have been 'newly painted' with minor scruff marks on check-in. Check-out said moderate scruff marks plus pain peeling from skirting board (Which was there from start but I assumed that WAS a part of the minor scruff marks).

Everything in the house was stuck on with bathroom sealant, The toilet seat moved around all the time. We told the agents but they never fixed it. It was again stuck on with rubber sealant. Our professional cleaners added a bit more sealant and now we are being charged for another toilet seat, and possibly toilet.

There were dud cables attached to the walls all over the place that didn't do anything or lead anywhere. They weren't in the inventory. I wouldn't have thought that they would need to be as I just assumed they were doorbells or phone lines or something that the house needed though we weren't using. We're being charged for their removal plus redecorating where they have been removed.

There are a couple of things that we can admit to. DS has autism and went through a kind of pica stage and put teethmarks in the paintwork of a (very poorly painted) door. That would be fair enough to get sorted. Plus in moving we accidently brought with us a phone, which we can return or replace.

[StarlightMcKenzie]

We've got plenty of photos in the house, but the disputed bits don't appear to come up in any of the pics, though they do show that we did take care of it at a general level.

FFS we didn't even put Christmas decorations up in case blu tac or drawing pins marked the walls.

[NotDavidTennant]

I agree with others: dispute it. If he's claiming that he needs to deduct money to replace a missing freezer drawer then he has to prove that that's what he's spent the money on. But he won't, will he, because there's no drawer to replace. So he's just trying it on.

[StarlightMcKenzie]

The check-in and check-out inventory companies were different. The second one seemingly more detailed.

[NotDavidTennant]

X-posted. I'd be surprised if much of what they are claiming would stand up in court if it came to it. An inventory wouldn't be expected to record every single cable in the house!

A lot of landlords try to keep some/all of the deposit based on trumped up claims because they know that many tenants will take the path of least resistance and not dispute it. Don't be one of them!

[Ragusa]

I would also be surprised if a court or even arbitration found in the LL's favour. Certainly s/he has no case about paintwork being scuffed or peeling off - that's a clear wear and tear thing.

Same with toilet seat - wear and tear, and if you have documented correspondence on this issue anyway showing you asked them to fix it, they are on a hiding to nothing. How on earth they figure you should pay for a new toilet is beyond me.

They are definitely trying it on. Please don't let them get away with it.. THese sorts make my blood boil

[WhiteYFronts]

A lot of it does sound like wear and tear and to be honest vague descriptions mean nothing.

It's been a long time since I did a proper inventory (I worked for an estate agent) but this was before deposit protection came in so it can't have become more relaxed since then. Phrases like good condition mean nothing, it could be freshly painted, no marks damage or scuffs. Or It could mean minor discolouration, slight scuffs, some blue tack marks. We had to detail everything in minute detail. An unfurnished one bed flat that wasn't completely brand new and immaculate could take 2 hours to do properly.

You are not required to hand a property back as you received it. Reasonable wear and tear is allowed and the definition of reasonable depends on other factors. A bathroom with a tiny window and no fan is going to have more problems than a well ventilated bathroom. A house with only coal fired heating will get much dirtier carpets than one with gas central heating. You're not required to make up for any inadequacies in design.

Definitely dispute any charges and put forward your own argument. I bet any current tenants check in does not match your check out!

A broken toilet seat does not require a new toilet, and all toilet seats break sooner or later. Unless he can prove you were negligent then its the LLs responsibility. This theme needs to carry throughout his demands. Same as with the freezer, 1 drawer missing does not make it unuseable, even if it had broken when you lived there it is not your fault! They break after all. As the drawer wasn't brand new he would't be able to get the whole cost of it from you and does he have the receipt to prove that he has bought and replaced it? If not then not a penny from you.

Tenants are not like insurance companies, you don't have to pay new for old prices. If you spill bright red nail polish on an old carpet you'd only be required to pay a small contribution as the LL would have had to replace the whole thing soon anyway. You just pay a little extra as he has to replace now and not next year.

Shelter will provide lots of helpful advice but don't just suck it up. There are too many bastard landlords out there.

Good luck.

[StarlightMcKenzie]

Thanks. It might sound like wear and tear but the check out inventory contains a shed load of 'recommendations' to 'make good'.

So, blu TAC on the ceiling, rec: make good. Nail holes in the wall, rec: make good. Despite the fact both of these were there when we moved in.

[WeAreEternal]

The only thing you can do is despite the deductions.

They landlords will need you to sign an agreement to the deductions before they can take them so don't sign anything, go straight to the scheme in which the deposit is held and complain.

How long did you live in the property?
Depending on how long you lived there a level of general wear and tear has to be taken into account.

Also if the issues were marked on the moving in checks then the landlord had no argument to take your money for the things that were already there.

[StarlightMcKenzie]

They weren't mentioned on the moving in checks.

Thought they were all taken care of in the general wording of the language used.

[StarlightMcKenzie]

We were there 13 months and were SO careful. Even though I had a baby there .