Student flat deposit return query

[Houseplantmad]

DS has been in a flat with three others for the past two years. It was originally a two bed property but they cut one bedroom in half and turned the dining room into a bedroom so the small kitchen/living room has been lived in intensively. DS and flatmates all moved out last week. The flat has been professionally cleaned to a good standard and the garden left as it should be.

The agent, which manages the flat, is now trying to retain from the deposit c.£2k for items such as £700 for a new formica worktop as the old one has a burn mark on it (the landlord bought the flat and the two flats either side that he also owns a glass worktop protector two months into the tenancy to avoid burns but the burn had occurred by then); £150 for a new doorbell, which has never worked; £200 for new kitchen flooring because of a small rust mark which is under the table and the cleaners couldn't get out; £500 for redecoration of scuff marks etc.

I've been in the flat and I think it was in good condition considering it's been a two year tenancy, occupied by four students and allowing for reasonable wear and tear. I don't think any of the items listed are fair and think the landlord is trying to refurbish the property at DS's (or mine, actually) expense.

The deposit is with the DPS - should we negotiate with the agent or just contest it all through the DPS and could anyone explain how this usually works please?

You are correct the landlord cannot use the students' deposits to improve the condition of the property.
How old the fittings were when the tenancy started should also be taken into account. Even if the worktop and kitchen flooring were new 2 years ago this should be allowed for and the landlord would only receive a percentage of the new price. My understanding is that the limit for fixtures and fittings in rental properties is 10 years.
I would use the dispute process within the deposit protection scheme.

I think the recommendation is usually to try to negotiate with the landlord then go to DPS if this fails. Our old estate agents tried to take £1000 for stuff from us. We offered £90 for things which were genuinely our fault. DPS eventually ruled we had to pay £100, £10 off which went to the estate agent anyway, so LL was no better off and had to wait 2 months to get the money!

I consulted the DPS several years ago when my daughter came to the end of a student tenancy and the letting agent was being difficult. There was no damage but endless excuses, I found them very helpful and the letting agent suddenly agreed to return all the deposits once they were involved, it’s worth a try.

Thank you @catndogslife @modgepodge @mrsrhodgilbert - that’s really helpful. I’ve just seen they want the fridge freezer replaced as there is a dent in the door - I don’t dispute there should be a 1/4 contribution from us to repair or replace the door, not replace the whole unit, or am I being ridiculous?

I’d definitely get the DPS involved. The landlord won’t be entitled to the total cost of anything new and they often come down VERY hard on people they think are trying to screw over tenants so you mind find just the threat of it sees a bit of a U turn.

My son had a similar issue with the end of his previous tenancy and is now having the same with the current one! Earlier landlady tried to claim all sorts but fortunately son had got everything in writing from the start of the tenancy. They got DPS involved and got full deposit back. Latest Landlord is claiming (amongst other things) £100 for the replacement cost of four chair pads which have been used daily for two years and cost around £10 each at B&M brand new! Ditto sofa which was also on its second or third tenancy. Son is going to DPS especially as landlord has said he will withdraw any 'kindly offered deductions' and add 12.5% to the final bill if they do! they aren't disputing the cost of a new cover for a plug socket and repairing a wall which was slightly dented when a door slammed back in the wind.

They are liable for the scuffs and the burn mark given they caused them.

Doorbell and rust mark, no.

Use the DPS..this is what it is for. Ridiculous rip off charges by greedy people!

I seem to remember that deposits were supposed to be returned within a very short time period too. With us it was also getting towards September and it was well overdue and the agent was contravening the agreement

Go through DPS.

DS’s landlord tried to claim for new mattresses due to bottoms being worn (bottom of mattress incidentally was the only part not photographed!) as well as other things.

They got the whole deposit back. Landlords try it on with students, hoping they or their parents are not astute enough to to fight them.

@blobby10

Make sure the DPS are sent all communications from landlord, including his ‘threats’ to withdraw deductions.

They will likely get all deposit back if landlord is trying to get them not to use DPS.

Thanks all, very helpful.
@hotdiggetydog yes but £650 for a 2 metre worktop is just profiteering - a landlord cannot better his property at the expense of outgoing tenants so a contribution is perfectly fine - not a whole new bench when the existing is perfectly useable and has been in use during a two year tenancy so marks are not unexpected. We know from the flat next door they had the same issue so the landlord delivered worktop savers to all his student flats but that was well into the tenancy.

There is a further complication - I have been texted by the DPS, and created an account but can't get any further. When searching on the deposit number or property address or DS's name, it says no deposit held. I'm conscious of time ticking by and the agent is in no hurry to help for obvious reasons. Any advice please?

They burnt the worktop and it was their fault. Agreed price is high

Update: We have managed to speak to the DPS and have disputed the claim. LL now has to instruct a solicitor to issue a statutory declaration and justify the items claimed. Just found out landlord is also the owner of the estate agency franchise (surely a conflict?) and has just done the same to several other student properties eg kept £2.5k of each flat’s deposit but they didn’t dispute it in time.

Well done OP.
The landlord has to agree to release the deposit, that's why it says no deposit held. But now you have raised a dispute, it will be sorted out by a neutral third party.
In terms of the fridge freezer, unless the item is electrically unsafe it does not need to be replaced for new tenants. The working parts of the fridge are at the rear! There is a shortage of new electrical appliances at the moment, so the chances of a like for like item being available are low.

No No No. A landlord cannot retain a deposit due to to normal wear and tear of a property. (everything you've mentioned is normal wear and tear).

Contact DPS, don't even negotiate with the landlord. Times are hard and he's just looking for an extra 2K. Most likely wont even replace anything, that 2K is going straight in his pocket.

Landlords are notorious for doing this until they find someone to challenge them.

I know their tricks really well. Every landlord I had during my uni days tried to keep my deposit. Little did they know that I know my shit and I'm not a pushover.

One landlord actually told me I was the first person she ever gave the deposit back to. Shocking. Some landlords are the scum of the earth.

Student landlady here- I’ve held a deposit twice in 22 years- once for random holes in the carpet and I mean holes ..... plus drugs clean as they place was high... 2nd for council tax as that wasn’t paid as student became a non student but stayed on. Wear and tear is to be expected - damage is different . All I can ever say is photo , photo , photo at the beginning of tenancy

Thanks all. I’m confident that the DPS will look at it more objectively. It angers me that he’s clearly done this before and, presumably, will do it again.