To expect more of my deposit back?

[Woopdiedoo]

When I went to view my previous property, it already had tenants that were living there on a 12 month tenancy but were leaving early. I told them my ideal moving date and everything was rushed through to the point where a proper inspection was not carried out. I was basically given an report that listed everything as new (which must have been the case before the previous tenants had moved in) but it was far from accurate. Some quite major things had been changed and these were not listed.

Additionally, the property was filthy and I spent the first week cleaning everything. I had five days to report any discrepancies with the estate agent but as the list would have been endless I was very general, eg. Dirty or paint chipped.

I moved out 2 months ago and they have now prepared a report saying they wanted a large proportion if the deposit claiming I had damaged the property where I hadn't. Luckily I had taken a few photos so that they now only want half the deposit. However, I feel that us unfair since a lot of what they are claiming is damaged was already that way when I moved in but due to the amount of cleaning I had to do, I didn't have the time to photograph everything before the 5 days was up.

I am also annoyed by their response. It was clear from the photos that the house was disgustingly dirty, so in their responding email they have said, 'we will not charge you for any cleaning that is required as this would be unfair'. I am fucking insulted by this since I left the house immaculate and very clean so there shouldn't be any cleaning required. I did cause a small amount of damage (kids) but have admitted this and don't think it equates to half my deposit.

AIBU to expect more of my deposit back or should I just accept the money and move on. I also borrowed the deposit initially off a family member and they obviously want it back.

I think in your next email you should point out (with your photo evidence) that the place was already heavily marked and stained, that you dispute the damage they are saying you caused, and that unless you had photographed and logged every mark and stain (which would clearly be unreasonable) you have no way of proving which marks had already been in the property.

Really annoying for you :-(

I had exactly this same problem earlier this month, a horribly stressful situation.

We threatened to dispute the claim with the tenancy deposit scheme and they returned the money owed without argument. (will update that thread with the finer details shortly!)

It is definitely worth threatening them with TDS. Good luck hope you get your deposit back.

www.mumsnet.com/Talk/property/1531588-My-ex-landlord-is-trying-to-pull-a-fast-one-but-I-think-I-screwed-up-too-Any-advice

Go to dispute - they are very fair - eg. Tenant destroyed my kitchen worktop, but I could only reclaim half the cost of replacement as it wasn't new when they moved in.

If they are agreeing that much of the stuff was very worn/marked then I can't see that the deposit protection scheme will consider giving them much of your deposit - as a couple more dents on an already chipped wall really don't make a significant amount more work to fix.

OK. Not only was I an inventory clerk, I also had this happen to me, and I won, getting ALL my deposit back.

Your inventory:
Firstly it has to be accurate and prepared specifically for YOU. A copy of the inventory for the previous tenants and not fully and specifically updated for your tenancy will be treated as if there were NO INVENTORY at all in the first place.

If you can show that this inventory was not prepared and updated for your specific tenancy it actually doesn't matter if you TRASHED the place, the LL can't prove condition, so the FULL deposit will be returned to you.

Basically If a LL states that something is new and is damaged, the onus is on them to produce receipts to prove the age/condition of the item. If they can't/won't do this, or if there is any room for doubt, they will not be able to charge any compensation.

There is also Fair Wear and Tear to be factored in. If you were there for a couple of years, you having children means that a much greater degree of FW&T must be factored into the condition at the end of the tenancy than if you were living there on your own.

If they are trying to charge you for cleaning, again you can state that the property was not cleaned professionally prior to your moving in and if you have photos to prove this, your LL has NO chance of taking money off you.

Basically, in the eyes of the law, the money that is deposited with the DPS is YOURS. For the LL to claim a penny of it, they have to prove beyond all shadow of a doubt that they are entitled to it. If they can't, then the money will come back to you.

DON'T agree to a penny of deduction. The inventory they gave you doesn't hold you to anything as it is not a fair and accurate representation of contents and condition for your tenancy.

You can take this to Tribunal, and you WILL win. Don't worry for a second, the LL can't take a penny off you if the inventory is not prepared accurately for you.

Call the Deposit scheme and ask them to explain what you need to do. IIRC, they will ask you to complete you a statutory declaration, there is a form, they will send it to you, you fill it out, have it witnessed in a solicitors and send it off.

It will take a few weeks, but if your inventory is not prepared for you, you have NOTHING to worry about.

Do NOT roll over and just accept this, you can and will win this if your inventory is as I suspect a photo copy. doesn't matter if you signed it or not.

I did, it still didn't count.

" that unless you had photographed and logged every mark and stain"

THAT is the job of the LL/inventory clerk. Every mark, stain and blemish in a property has to be listed, or the inventory doesn't reflect the property. If a Tenant can prove any area of discrepancy, the LL has NO chance.

"You should ask the deposit scheme to enter into the ADR process, but unfortunately there is a massive loophole in this legislation that means that the Landlord has to agree to enter into the process. If they refuse, then there is very little that you can do (but the deposit stays with the deposit scheme). "

Not so, LL routinely refuse to cooperate, in which case the statutory declaration is the alternative, the LL has time to reply/respond, if they don't the deposit adjudicator will rule for the tenant, as they did in my case.

I agree you should argue.

There is a lot of good advice on this thread, but in addition - you are allowed to make 'fair wear and tear' on the property. They cannot try to claim money to repair things to the standard they were at the start of the tenancy (let alone to new standard) - they must take into account the normal wear and tear that you'd expect for the time you lived there. This would include small marks on walls/carpet.

Do not ever try to withhold rent (I know you're not at this point but it was suggested). This is really not a good idea.

Good luck.

Sorry this is happening to you OP. I would love a tenant like you who left the house clean and tidy with no rent arrears. The damage you admit to sounds like what I would happily accept as general wear and tear. Does sound like they are trying it on with you.
Do you know if they withheld the previous tenants bond as well? If they did then the majority of damage has already been paid for and not put right. Any way of getting in touch with them, it would certainly weaken their case if they had withheld previous bond as it would prove they were aware of the damage.
Perhaps the deposit scheme would know.

HighJumpingHissy Im afraid you're mistaken, I suggest you have a read of the below, particularly p3 where it is explained that the arbitration process requires consent from both parties.

If an arbitrator found in your favour, I'm guessing as a tenant, then by definition, your landlord must have consented to enter the ADR process.

www.depositprotection.com/documents/a-guide-to-tenancy-deposits-disputes-and-damages.pdf

Sounds like a pain in the neck, but you can win this with a little effort. HighJump has some great advice.

For future I guess you know the drill... Don't accept an incorrect inventory.

We have just move into a new flat and the inventory clark came round yesterday. He was here for about 2 hours for a 1 bed flat an listed everything ini minute detail. Some things are dirty and not acceptable e.g oven hasn't been cleaned - but the inv guy listed things like the inside of the washing machine as 'requires further cleaning'! I cleaned out about 2 years of gunk from the dishwasher filter yesterday tho, previous tenants clearly fucking disgusting lazy shits from the advertised photos of the flat and stre of oven etc.

Musomathsci gave a terrible bit of advice btw and that is exactly why LL want a deposit equal to more than months rent.

Argue it out with them. You don't lose anything by disputing it and then somebody will look at it from an independent perspective.

I just wanted to say thank you ever do much to everyone for giving me advice on this, especially those who have gone into great detail.

I was half ready to just accept half my deposit back as I can't really prove anything but the injustice of the situation is making me want to fight for the rest.

I am going to email them over the weekend but I will let you know how I get on. Thanks again

even

Aaarrghhhh hope that did it

My LL tried to take me for over half my deposit. I filled in a Statutory Declaration form. (This was under the previous scheme back in 2009 admittedly)

My LL did NOTHING to cooperate, she didn't provide a copy of the check out report. Apparently the only person who provided evidence was ME. Yes the adjudicator found wholly in my favour, but even if the LL DOES participate in the ADR, they have to PROVE their losses.

OP, FIGHT. The LL has a crappy inventory that most likely won't hold water. You have photos taken when you moved in, she doesn't. Remember, that deposit is YOUR money, and it will be returned to you UNLESS the LL can prove entitlement to keep it.

You will win. Hands DOWN.

I have the most wonderful LL now, and in my time as inventory clerk have met both good and bad LL/Tenants. It was my job to sit in the middle an be FAIR.

That said, when someone fails to do their job properly as a LL, and then expects to clobber a good tenant, it really gets my goat.

I've had LL's try to clobber their tenants for kitchen door veneers peeling (a fault of the UNIT, not mis-use) when they have SOLD the property on without any loss of sales price. These are the same shit LLs that don't fix anything, and then blame the Tenant for the degradation of the property.

It takes 2 to keep a rented house in order, a decent LL and a good tenant.

To be clear, YOU don't have to prove a thing tbh... your LL does. They can't.

It's that simple. Call the Deposit Scheme and ask for their advice, I promise you they will help you sort this out. This is precisely what they were set up for.