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Deposit Return From Rented Flat

5 replies

HerNameWasCherry · 16/06/2021 10:52

Good morning all -

I’ve spent several days online trying to find this answer, and have also scoured our old tenancy agreement but so far, cannot find the answer I’m looking for, so I’m hoping someone on here might be a little more knowledgeable than I am!

My family and I moved out of our flat coming up on three weeks ago. The checkout report was carried out 6 days after we left - so, almost two weeks ago, and we still haven’t had a thorough, priced breakdown or any quotes regarding what deductions there will be from our deposit. It’s all still a case of ‘we’ll let you know, when we know’.

I’ve phoned the estate agent dealing with the checkout report several times over the last few days and am usually fobbed off with the 'so and so is busy right now, they'll call you back' - they never do! - but I finally received an email yesterday saying that our landlady has 4 deductions she was thinking of making, however they’re still not in a position to tell us how much any of them will cost.

Is there a time limit on how long landlords/lady’s have to present you with the deduction breakdown?

All I can find online is that once both parties (the landlord and the tenants) have agreed on X amount for the deposit, the landlord then has 10 days to release the deposit should both reach an agreement.
However, I cannot find anything about the legalities surrounding how long we’re supposed to sit and wait to actually find out what’s going on with it all. I assume there must be some sort of cut off point, right? How long are we expected to wait to hear about costs?

My other question is about one of the potential deductions.
The email says my landlady would like to make a deduction for ‘grubby decor’. We (myself, DP and three young DC’s) all lived in that small 2 bed flat for nearly 5 years, isn’t there a ‘life expectancy’ of paintwork in rentals?
For what it’s worth, yes, there are some scuffs to some skirting boards, there are a couple of ever so slight marks on the walls in the high traffic areas such as the hallway and the bottom of the stairs where two sets of pushchairs were stored, but in my eye, it’s dings and scuffs that you’d expect from a family of 5 living in a property for almost 5 years, we certainly didn't trash the place as I'm generally very house proud, so can we reasonably be charged for a ‘decor refresh’?

I’m willing to incur some cleaning charges as I unfortunately couldn’t clean all of the exterior windows (first floor flat), and the ceilings were so high in the flat that I couldn’t reach the coving and cobwebs in the corners of some rooms, but I’m not sure how I feel about covering the cost of someone to come in and paint everywhere, when surely after 5 years, that’s something that would need doing anyway?
Other than that, I left the flat as spotless as I feasibly could, so any tips or advice regarding how long we can actually expect to legally wait to hear about deductions, and also the repainting issue, would be great!

Many thanks in advance!

OP posts:
HigglePiggle976 · 16/06/2021 11:11

I've just had a quick Google and it seems to vary from two weeks to three months to unlimited, depending upon the scheme and type of protection your Deposit is held within. I'd suggest that you refer to the paperwork supplied by your Landlord and ring the Deposit Protection team directly.

With regards what is considered damage or wear and tear etc, this is unfortunately very subjective and this is why the Protection Service exists, to arbitrate between you both.

Essentially, refer to your original inventory as to original condition and then that is what is expected at the end of tenancy. Anything different will be recorded by the check-out clerk and priced against. The arbitration service will determine what is considered reasonable wear and tear and what is good justification for payment.

TakeYourFinalPosition · 16/06/2021 11:21

When I left my last rental flat 6 years ago, there was no timescale on how long they had to let you know about deductions; but the deposit scheme said I’d be able to apply to have the funds released if it took more than two months. They didn’t apply, so I did, bang on two months. It was then sent to the landlord to agree the release - I think they had 10 days to respond, and then a further bit of time to provide evidence if they appealed the release.

The wear and tear point is really subjective, it’ll depend if the DPS people agree that all the marks are general wear and tear after five years or if they think they’re excessive. You’ll have photos from check in and check out; and they’ll use those to see what the condition was when you moved in, and how much it’s changed, and if you do need to contribute to redecorating, how much of the cost should be covered by you vs considered general maintenance after five years.

Veterinari · 16/06/2021 11:28

You need to contact the deposit protection scheme

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HerNameWasCherry · 16/06/2021 11:33

Thank you all!

Our deposit is with 'mydeposits' who unfortunately seem to be quite terrible based on their Google and trust pilot reviews. I'm hoping we don't need to dispute anything as based on reviews, they seem to heavily favour the landlord.

I was hoping there was a set time in which the landlord needed to notify us about priced deductions, but can't see anything about it on the mydeposit site. I guess I'll give it a couple more weeks and wait and see.

I'd say at least 70% of the photos taken at our checkout inventory that feature marks, scuffs, scrapes, 'damages' are all photos/noted about in our original inventory when we moved in, so hopefully that will work in our favour.

OP posts:
HigglePiggle976 · 16/06/2021 13:32

@HerNameWasCherry

Thank you all!

Our deposit is with 'mydeposits' who unfortunately seem to be quite terrible based on their Google and trust pilot reviews. I'm hoping we don't need to dispute anything as based on reviews, they seem to heavily favour the landlord.

I was hoping there was a set time in which the landlord needed to notify us about priced deductions, but can't see anything about it on the mydeposit site. I guess I'll give it a couple more weeks and wait and see.

I'd say at least 70% of the photos taken at our checkout inventory that feature marks, scuffs, scrapes, 'damages' are all photos/noted about in our original inventory when we moved in, so hopefully that will work in our favour.

I know it's frustrating with the 'not-knowing' but it's really out of your hands now.

I've generally found the Deposit Protection schemes to be pretty fair and they do have the final word so it does take away all of the 'argey-bargey' between both sides.

It's funny as stuff I've read says that they favour the tenant. I guess it depends on who you ask and the reality is likely to be 50-50. ie pretty fair.

Hope it all works out ok for you :-)

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