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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

How to negotiate deposit with LL?

21 replies

Godssake1 · 02/06/2018 15:53

Is this possible? They have mentioned a few (minor!) things which they were not happy with eg weeds in garden and outside windows not being cleaned. We have offered to make good on this. For context have also lived for a couple of months without a washing machine or dishwasher when they broke, and also slightly rotting garden doors. We didn’t expect or get given a rent deduction for this. Can negotiate return of deposit in light of all this?

OP posts:
Godssake1 · 02/06/2018 15:55

There is also apparently a small dent in a bit of the utility room worktop and some lightbulbs have not been changed. They were actually not changed when I moved in - don’t know if I should say this. I paid for it be professionally cleaned and have repainted some areas in my two year tenancy

OP posts:
ziggiestardust · 02/06/2018 15:56

Is this because you’re moving out OP? Make good on what they’ve asked, and you should get 100% of your deposit back.

ziggiestardust · 02/06/2018 15:57

A small dent would could as reasonable wear and tear IMO, as long as it really is a small dent of course Wink

Make sure you photograph it though.

nomorespaghetti · 02/06/2018 15:57

If you dispute what the LL is saying then you need to raise it worry the tenancy depositor scheme and go through them, they will help resolve it. Google it and have a look. If your deposit isn't registered with the scheme then your LL will be in trouble.

Noqont · 02/06/2018 15:58

Hope they've put the money in a deposit protection scheme. If not they can't end the tenancy and will have to pay back 3x deposit to you. If they have, and you can't agree then let the deposit protection scheme make a decision. That's what they are there for.

wowfudge · 02/06/2018 15:58

First things first: is your deposit properly protected in a deposit scheme? Was there an inventory of the condition when you moved in? Has an inventory been carried out when you moved out?

nomorespaghetti · 02/06/2018 15:59

God, sorry for typos! Raise it with the tenancy deposit scheme, that should have said!

Godssake1 · 02/06/2018 15:59

Yes deposit was protected and professional inventory done both times

OP posts:
wowfudge · 02/06/2018 16:00

It's not a given about 3x the deposit - it's up to 3x and the OP would have to take legal action.

AnnieOH1 · 02/06/2018 16:00

Just raise it with the TDS, ask for all the money back, they'll make a counter offer then it'll go to arbitration and 99 times out of 100 the tenant is sided with by the TDS.

Autocorrectible · 02/06/2018 16:10

LL’s like this really annoy me. I was a LL a few years ago and my tenant moved out. I went with the estate agent to do the ‘moving out’ check (or whatever its called). The house was filthy. And I mean filthy. The estate agent declared it was in reasonable condition. I would like to know what was ‘unreasonable condition’ as it took me every weekday evening for 3 weeks to clean it (and it was only a small 2 bed townhouse). But it was only elbow grease that it cost me, so I gave the full deposit back as I knew the tenant was strapped for cash. A few weeds and unclean windows? Utterly ridiculous for the LL to complain about imo.

Mummyoflittledragon · 02/06/2018 16:27

Were the light bulbs not mentioned in the inventory? If they weren’t, you don’t have a leg to stand on. If they are, then absolutely point it out. If the ll insists, you’ll potentially have to pay for a handyman call out charge to change the bulbs. Do try and do the weeding / change the light bulbs yourself if they’ll let you. As for the painting, that’s absolutely imaterial I’m afraid and if you didn’t seek permission or have done a bodge job, you could be charged for making this good too. I agree with trying to get the worktop as fwat. Even if not, you can’t be charged more than about £30/40 for a dent.

I’m a ll and try wherever possible not to charge tenants. The odd lightbulb I suck up because I’ve always got someone going in there between tenancies to do stuff. I’ve had check out reports done, where tenants could be charged x, y and z but why bother? If the place is filthy, that’s different. But if it’s being redecorated, I’m going to have to pay to get it cleaned at any rate.

Mummyoflittledragon · 02/06/2018 16:34

As for the washing machine and dishwasher, it’s a disgrace they weren’t changed immediately. Getting things done is very very expensive and often has to go through an agent. But it has to be done. Idk what you can do about that after the fact. Was the length of time these appliances were out of service documented? Maybe ask the cab or perhaps a more knowledgable person will come along. I change things within as short time frame as possible so have never had to negotiate this. Agents can manage to get a loo changed the same day for example, a bath or cooker may take 48 hours (weekdays) due to stock ordering times. And this is the sort of length of time you should have expected to be without these appliances, definitely far less than a week.

pigsDOfly · 02/06/2018 16:42

I can imagine the deposit protection scheme will allow the LL to keep any of the deposit because of a couple of uncleaned windows and some weeds, unless you were obliged to keep the garden up to a certain standard and it's overgrown.

Speak to someone where you money is deposited and see where you stand.

It's not that easy for LL to get to keep a deposit and can keep nothing for wear and tear.

One of my tenants paid no rent for six months (bailiffs were involved) and left the place filthy, needing complete redecoration and carpets and yes I got to keep the deposit but the LL has to apply to keep the deposit and they have to have a valid reason.

pigsDOfly · 02/06/2018 16:46

Yes, re the machines. My tenant gets new things like that within a matter of days and any repairs are carried out often on the day or the day after they're reported.

Leaving a tenant without working machines for months is totally unacceptable.

pigsDOfly · 02/06/2018 16:48

Sorry, that should be *I can't imagine the deposit protection scheme will allow the LL to keep any of the deposit, not can imagine.

Changes the whole sense.

Mummyoflittledragon · 02/06/2018 18:25

pigs
The ll absolutely can expect the op to give the garden back in a similar state. I’ve had tenants, who left with almost knee deep grass, dead plants and weedy borders. While I didn’t expect them to replace the plants, I did expect the grass to be mown and the borders to be weed free. The cost was fairly minimal as it’s only a small garden. But was taken from the deposit. I don’t live locally and would have had to pay someone myself to get it up to scratch even though I paid to get it in a good state in the first place. It’s in the tenancy agreement to keep the garden neat and tidy. I wouldn’t expect trees to be lopped etc. Just anything at ground height.

Unless the op is allowed to return, a small cost to weed the border could be negotiated from the deposit.

Mummyoflittledragon · 02/06/2018 18:26

Oh and clean the windows if they were cleaned just prior to check in.

pigsDOfly · 04/06/2018 15:25

That's actually what I said Mummyoflittledragon: that the landlord wont be able to keep the deposit for a few weeds. If she's obliged to keep the garden up to a certain standard and it''s overgrown then of course the LL can claim part of the deposit for that.

The OP seems to be implying that it's just a few weeds, which obviously wouldn't be a problem for the LL, or for the OP to remove, come to that. Yes, reading it again, I suspect it probably is more than a few weeds, which is why the LL is complaining.

Obviously we only get one side of the story on here and I was giving the OP the benefit of the doubt.

marjorie25 · 04/06/2018 18:12

As a LL, I would say take pictures with time/date stamp to protect you.
I would not really hold back a deposit for a dent. LL need to accept that over time wear and tear is part of renting.

Confusedbeetle · 04/06/2018 18:24

If the deposit is with the DPS the Landlord may suggest deductions from the deposit. You are asked if you agree. If you don't it goes into arbitration and the inventories plus photographs will be crucial

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