Rental deposit scheme

[Enko]

We are in a dispute with out x landlord. We have now finally received their estimate (above the deposit) and we strongly disagree with several of them. However we do know that we have damaged 2 things and we want to pay for this. Not looking to shy away from damage we know we did.

We do not understand where figures have come from and there is no explanation. We have tried ringing the deposit scheme but they are obviously tied to general comments. Is there anywhere we can get some advice on how to proceed. I don't want her out of pocket but nor am I willing to pay 350 for a new cooker when the one there is working and has a chip in the enamel.

You need to make a formal claim through the deposit scheme. When you do this you can either claim the whole lot, or subtract what you think is a reasonable sum for the things you damaged. If the landlord disagrees with your proposal they will need to submit evidence to the deposit scheme and the scheme will make a decision. If you have evidence of your own, such as photos from when you moved in, submit those too.

Bear in mind that the landlord is not entitled to new for old - wear and tear is a business cost for the landlord. If the cooker was completely broken they would be entitled to the cost of a second hand cooker the age of the one you damaged. As it's still working I would suggest the difference between an x year old cooker in whatever condition it was when you moved in, and a x year old cooker with a chip in the enamel.

I understand that raspberry however how do we judge what is the fair amount for any of it when we are not giving specific of what they are claiming for?

An example gardening 300. Report says gardening is full but normal for season. Where is the 300 from

They want 600 for carpet. Where have they come to that figure. This is what we need someone to help with. I don't know if 600 is fair (I suspect not it is 1 damaged step and can be fixed separatel) however what is a fair amount?

How do we prove we left 2 mats when they claim there is only 1? How do we prove there was no missing glass shelf in the freezer (I suspect they mean fridge) when the report doesn't mention the amount of shelves..

You don't need to argue with their figures - the principle is that you're asking for your money back, and if they want to keep some of it they need to justify that to the scheme.

So for example with the carpet, if you agree you damaged it and want to offer some of your deposit to cover that, have a look online for a similar carpet and multiply that by however many square metres that one step is (about 0.5 probably). You could add a nominal sum for fitting or you could take some off if the carpet you damaged was a few years old, it really is a guesstimate. But if you say £25 and the LL says £600 (!)the deposit scheme isn't just picking one number or the other, they might come back with a totally different number to either of you - you shouldn't lose out by getting it 'wrong'.

Re mats and fridge shelves, you don't need to prove anything, the LL does. If there's no mention of numbers of shelves in your inventory or the check out report they are going to have serious trouble there. I wouldn't even mention that stuff in your claim if you're sure you've not accidentally pinched a fridge shelf. Again the principle of the scheme is that this is your money and if the LL wants to keep it they need to explain why. The report is your evidence here it sounds like.

Citizens Advice are really good for this sort of thing, some basic stuff on their website (don't forget to specify England/Wales/Scotland/NI when you google as the laws vary) and you could go in and speak to someone if you're still stuck.

I understand that raspberry however how do we judge what is the fair amount for any of it when we are not giving specific of what they are claiming for?

You don't have to, the adjudicator will decide based on evidence from the landlord. They will be asked to provide evidence of damage, and proof of the age/cost of the item (receipts etc), then you will be given the chance to dispute it. It is best at that point that you get your own quotes/evidence, if you disagree.

Is there a check in and check in report? Do they have photos on them? Ideally you should have taken your own photos.

Chip on the cooker - they can't charge you for a new cooker, only the cost of repairing the chip. However, it might be considered to be fair wear and tear. Even if it were broken, they can only charge you a pro rata percentage of the cost of replacement based on the age of the cooker compared to the average life of a cooker of that quality. This is a guide to how the TDS calculates the value and lifespans:

www.tenancydepositscheme.com/wp-content/uploads/2021/04/A_Guide_to_product_lifespans.pdf

Carpet - they will need to show its condition when you moved in(inventory), the cost, quality (different quality carpets have different life expectancies) and age. However, if the step can't be repaired separately or matched, you may have to pay for the whole carpet (pro rata).

The garden - they will need to give more detail. You should have left it in the same condition as when you moved in ie no weeds, lawn mowed and any small hedges/shrubs should have been regularly pruned but if it wasn't the appropriate time of year for pruning, you don't have to prune them before you leave. Trees and very tall hedges are the landlord's responsibility.

The mat and the shelf are your word against the landlord if there are no photos. Realistically, if neither of you have any photographic evidence and the number of shelves isn't noted, you would probably win with the shelf. If the 2 mats are listed in the inventory, you may be found liable if it is really missing and you have no proof you left it. I would ask them to check again and tell them where exactly where it was left (in case the clerk missed it). If there were workmen or viewings at the property after you left and before the move out check was done, I would raise that, as they may have moved/taken items.

I wouldn't even mention that stuff in your claim if you're sure you've not accidentally pinched a fridge shelf

No, you should mention everything that they have asked for that you dispute in your original claim.

Your landlord should apply depreciation amounts to carpet and cooker. They can't charge you for the full cost of a replacement (although lots of landlords will try!)
At this stage you just need to dispute the claims they have put through and then your landlord will be asked to provide their evidence and the onus is on them to prove they deserve the money back. The deposit scheme will always see it as your money first

As others have asked - do you have a check in and check out report? Or any photos/evidence of how the property looked at the start of the tenancy? Did your landlord provide you with any of this?

We have check in and check out reports but from 2 different estate agent so they did it differently.

The landlord is in my view not being reasonable however had come down from the original want of 4 K for a cistern lid. We are currently at a place where we have to say yes or no to each of their figures
Hence my question.

I think we will contact citizens advice bureau