Deposit protection scheme - how fair are they?

[Thewolfsjustapuppy]

I'm probably over thinking this.
We recently vacated the rental house that we were living in for 18 months. It was a very nice house that was let while the owner was abroad. The rent was very high for the region so the deposit was also quite sizeable. When we moved in the house was in very good clean condition, not pristine but very good.
When we left we had the place professionally cleaned and replaced one of the doors as it had been damaged, there were some very minor scuff marks on the walls and some minor scratches on the metal fridge freezer doors also there was some dust as we had left the house when the carpenter fitted the door so although it was fitted perfectly he hadn't hoovered up the dust.

Anyway, we thought that the inspection was going to be held last Monday but we noticed that the owners had moved in over the weekend, when we went for the inspection we were told that it had happened on Saturday, supposedly before they moved back in. The EA had no idea of this change of plan either.

Now the owner is making a big deal about the scratches on the fridge freezer, dust and wall scuffs. My thought process is that the scuffs are normal wear and tear, the dust is, well, just dust and the fridge freezer is of a type that scratches very, very easily - there were some marks on it when we moved in and admittedly there are a few more but it would not actually be possible to use the thing without some wear and tear.

The owner is quite an influential local business man who we do not want to fall out with but I do not want to lose our deposit for what I do believe is fair wear and tear. I am prepared to argue our cause but I have been screwed in the past (pre DPS) by landlords over deposits so I am a bit sceptical.

Can I count on the DPS being fair?

[LaurieFairyCake]

I reckon you'll get all of it back.

And if he's the one complaining about it unfairly now you're not going to 'get on his good side' - he's already being unfair

[specialsubject]

it all comes back. If the inspection happened after they moved in, definitely - but what you've described is wear and tear.

[Fuzzywuzzywasabear]

The DPS take a very dim view of landlords who waste their time over petty disputes, our ladled tried to deduct most of our deposit for wear and tear, we offered to pay a fair amount based on how long we'd been in the property but she refused and told us we were bad people

After 3 months I complained to the DPS and our whole deposit was refunded straight away, we then had a very arsy email from landlord asking why we had complained and that we'd ruined her holiday as the DPS had contacted her about it

[Fuzzywuzzywasabear]

*Landlord obviously

[Thewolfsjustapuppy]

Very reassuring, thanks.
We are not sure if they had moved in before inspection but they had the keys and did move in at the weekend. No one seems to actually know when and it all seemed a bit shady.

We are new to this area, it's the sort of place that everyone knows everyone else is related to everyone else we need a good reputation for our business to succeed so I really don't want war over this, but I'm not a pushover either.

[Thewolfsjustapuppy]

Update,
The landlord and EA have come up with a detailed list of cleaning and replacement costs that comes to over £1000 (thats not including replacing the freezer door that they also seem to think we should do)
Most of the list they have made up is not even mentioned on the check out report and some is itemised as damage on the check in report!

I am fuming and intend to take refuse most of it apart from cleaning the oven/hob and painting the replacement door.

[wowfudge]

Raise a dispute via the deposit protection scheme holding your deposit.

[TinyGoldfish]

I agree. Raise a dispute. Have you shown them the proof that you had it professionally cleaned when you left?

[Thewolfsjustapuppy]

The check out report states 'clean to a good standard through with exception of the oven and hob ' the oven was clean it's just some of the trays are a bit marked. The hob is in the same conditions as when we move in its just old.
How do I raise a dispute?

[wowfudge]

Go onto the deposit scheme's website and you'll find all the information you need there.

[Thewolfsjustapuppy]

Thanks, will get onto it now

[CraftyPenguin]

Definitely raise a dispute. It took me 3 months to get mine back this way, and £150 was taken off me which I didn't think was fair, but it was better than what the landlord wanted to give me back which was £0!

[YelloDraw]

Can I count on the DPS being fair?

Yes, in my experience as a renter and LL they have always been extremely fair to the tenant, maybe even to the detriment of the LL.

It is a massive and welcome change.

[NotDavidTennant]

Everything you describe (including the oven) sounds like reasonable wear and tear. I would be absolutely amazed if the DPS rule in favour of the LL.

[Thewolfsjustapuppy]

Just got a bit cross with the EA and told him not to bother send more photos (taken a week after the LL has move back in!) as I am raising a disput. Stomped out and now I just feel cross

[specialsubject]

The DPS will send them on their way. Get on to them right now.

[Jayfee]

I think the ll is being unreasonable. The ea don't sound reasonable either. I have experienced both sides. When my kids were at uni there was a lot of ripping off by ll. Depending on how it is let, furnished or unfurnished, there were tax break for ll for wear and tear. There have been some changes. I think the deposit scheme should help. You sound Iike great tenants to me.

[Jayfee]

We ask our tenants to overpaint any wall damage as they hang pictures but it is extremely cheap to do that, if you didn't. Your ex ll cant expect to get whole walls repainted for a few scuffs, whch my be reasonable wear and tear anyway.

[Thewolfsjustapuppy]

I hope you are all right, I feel reasonable to me but I would wouldn't I . I'm really nervous about all this as its a lot of money and having just bought a house we are pretty broke. I also feel betrayed as LL and EA have been reasonable up to this week. (One of the underlings at EA did describe LL as very difficult in an unguarded moment, and I thought she was over egging it at the time now I see her point)

[Thewolfsjustapuppy]

Jayfee he is claiming that raw plugs that were there when we moved in need to be removed and made good. Luckily the check in report mentions them.
A lot of the walls have very expensive quite tasteless wall paper on them, we didn't dare to touch them.
Some of the scuffs to the paintwork was us, some of it is because there is actually some damp and that marked the walls.
I think the problem is that it's his home, it wasn't a buy to let, and he seems to think that we should have lived there for 18 months without actually touching the walls or using the bathrooms and kitchen. He is disappointed because it's not exactly as he remembers leaving it 18 months ago.

[Jayfee]

I think I would look carefully at the breakdown of what thr landlord is trying to eithold and devide whay was readonable and offer to agree to that. If the oven needed a clean, i think a professional clean is about £50. Paint and labour for door??? Your original inventory should tell you about the state of the walls and how you should leave them. If they were fairly newly painted when you moved in, touch ups should be very cheap. Good luck

[Jayfee]

Grrr predictive text!!

[scaryteacher]

I think you have a right to be present at the inspection, and if he is in the house, you now don't have the right to make good.

I am a LL and I rent abroad also. I think they are being unreasonable. Whilst in Belgium, there is no concept of wear and tear, there is in the UK. I installed a brand new oil fired range, which now has some scratches on it, after two years. I am not thrilled, but hey ho.

I would expect the oven to be cleaned, and for the new door to be painted, but that isn't going to be more than a couple of hundred surely. Go through the list (both when you took the property on, and when you left), and take out any of the things that were mentioned on the check in, as you are not liable for those. Cleaning now can't be done as he is back in, and you've paid for that anyway. If it is not on the check out report, then ignore it, and get that dispute raised!

[YelloDraw]

Always always be there for check in and check out inspections.

Based on what you have said, you might loose £100 for a professional over clean but the DPS will no chance rule in their favour on the other stuff.

[specialsubject]

Wear and year is noticeable when you haven't been on a house for a while - but that is his tough luck. With a check in report and inventory he will be told to whistle . actually without them he'd get the same, it is for landlords to prove damage.