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Legal matters

Tenancy Deposit question

5 replies

Oakmaiden · 03/07/2013 13:36

Don't know if anyone here can help me, but I thought I would see what people thought.

I recently moved out of a rented house, and the landlord wants to keep back £200 of my deposit. The things he is claiming for are:

"Deep Cleaning" the cooker. Now the cooker was described as "slightly grubby" by the inventor when we moved in and "requires cleaning" when we moved out. I did actually hire a cleaner for the day before we moved out, but it appears she didn't clean the cooker. I am in two minds whether this is a reasonable claim or not - it was dirtier when we moved out than when we moved in, but then I had to get it cleaned when we moved in too, and a dirty cooker is a dirty cooker, no? They want £25 for this.

Gardening work - £175. This is the one I am really bumping heads about. There is a bit of a back story too. Basically, when we moved in the garden was described as being in "god seasonal order" - which it was. Fair enough. When we moved out the back garden was described as being in "good seasonal order" but the front garden comments "some weeding required to side". Again, fair enough comment. However - £175 for some weeding? It is not even a big garden...

I have asked to see the quote they have for the gardening work, but the landlords agent won't show it to me. I suspect this is because they are in fact arranging other work to be done as well - and this is where the back story comes in. When we moved in there were 3 large shrubs in the side area (along with a fair amount of brambles in behind the shrubs). I am not a gardener and my involvement with the shrubs consisted of chopping them back a bit when they started to expand onto the driveway. However, in April (after nearly 3 years living there) I received a phonecall from the agent asking me to get them cut back. So I contracted a gardener and asked him to "cut them back and tidy them up" (for a sum of about £300). He did cut them back vigorously - he said that it was mostly dead wood and brambles in there. So of the 3 shrubs one is pretty much as it was when we moved in, but the others have been pruned right back. Now I suspect that this wouldn't have been a problem if we had stayed there for longer, as they would grow back, but the landlord decided he wanted to sell the house, so we moved out. And now the agent keeps going on about how "upset" the landlord is about his shrubs. And I think that is why he wants £175 pounds. However, the shrubs are not mentioned AT ALL on the check in or out inventory, nor are they photographed.

So what I want to know is - is the landlord being reasonable in his request? If consensus of opinion is that he is being perfectly reasonable, and I am a mean and miserable cow then fair enough, I will let this go. But I have a strong suspicion that he is not being reasonable (and an even stronger suspicion he will find it very hard to make his case if we take this to arbitration).

I think his case at arbitration will also be affected by the fact it took the agent 16 days to tell us they wished to claim on my deposit and 29 days to tell me what the sum they were claiming would be, and that the other monies were available for return...

What do you think?

OP posts:
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RedHelenB · 03/07/2013 19:40

Stick to your guns!

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2Retts · 07/07/2013 00:02

These are typical agent tactics Oakmaiden.

I'm with RedHelenB...stick to your guns! You know the state of the house (on moving in and out) and you know they are being ridiculous about the garden. If the landlord is that upset ( and precious) about the bloody shrubs, why did they not pay for a gardener and include it in the rent?

Just my very humble opinion

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Oakmaiden · 08/07/2013 13:32

Thank yu for your thoughts. I have offered the landlord £100 for the work that needs doing - which I feel is a reasonable amount, as it is true that some work needs to be done. Just not £200 worth.

OP posts:
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2Retts · 08/07/2013 19:54

Hey Oakmaiden, I think that's a very reasonable offer and I hope that brings the matter to a quick end for you.

Best of luck with your move too!

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SarahJayne321 · 08/07/2013 20:32

Dont know if I'm too late but hopefully the following will help.

Inventory - they should have pictures from check in, and check out. You are entitled to see these.

Quotes - You are entitled to see these, and MUST approve them before they take any money. If they do so without your permission their case for arbitration will be void.

Usually, the agent/landlord should give the tenant a chance to go back and rectify any issue they have picked up on check out. Although I'm not sure if this is a requirement.

Legally all deposits should be registered and protected with a company like my deposits. You should have details of this, and I would advise that you raise a dispute with them. They are heavily swayed towards tenants.

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