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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Landlord taken 50% of security deposit!

170 replies

lottsm · 20/06/2018 02:57

AIBU to ask for help I feel sick to my stomach! Any advice right now would be greatly appreciated- my heart is absolutely racing!

I've just finished third year at a university in London. I moved out of my rented flat on Wednesday and just received an email saying he will be deducting £890 to cover costs and damages. We left the flat in decent condition (gave it a hoover and wipe down) but he is claiming it was in a dilapidated state. I treated his flat with respect throughout the year. I know we should've taken pictures but we also hired a cleaner for 2 hours (not end of tenancy clean) who could possibly verify this.

I should note that I moved out on 4 months before my tenancy ended because my flatmate was so unbearable to live with. In the email, it stated he will need to repair the washing machine because my flatmate broke the handle and replace my flatmate's mattress for being dirty (I slept on airbed when I was there!).

A new microwave has also been quoted for, when I saw the microwave on Wednesday I was shocked at how bad my flatmate had let it become but a bit of kitchen spray and elbow grease would sort it out- it does not need replacing at all. He has also quoted £400 for end of tenancy cleaning whilst I was given estimates of around £160 (including carpet clean)

I really think he is trying it on and looking to kit out his (dated) flat with new items. What can I do? And is there any way I can make my flatmate cover the costs of the damage she is clearly responsible for. We have a joint tenancy so I honestly think I'm screwed.

The deposit was given to me by parents and they are expecting it back in full. My flatmate is loaded. We have a joint tenancy

OP posts:
Postymalone · 20/06/2018 03:07

Sounds like you left like a shit hole and he’s covering costs.

LondonGin · 20/06/2018 03:07

Is the deposit in a scheme? You get a chance to appeal the decision. Write everything down- fully detailed. No emotion. Any photos you do have and appeal

4catsaremylife · 20/06/2018 03:08

I really feel for you. My dd suffered the same response from her final year lettings agency. We had photos but it made no difference. In the end we gave up because the agency ceased trading. Have you got advice from your student union advice centre? I wish you luck 🌹

Original poster
lottsm · 20/06/2018 03:13

Honestly, being objective it was not a shithole. I spent 3 hours of my time and paid a cleaner for it to be left in a decent state.

Yes i believe the deposit is a scheme but I need to check.

He has been extremely difficult throughout the year. Shouting at me when the door handle fell off my bedroom door the very first time I used it.

OP posts:
Original poster
lottsm · 20/06/2018 03:15

My family need the money and are going to really give me hell for this. It's not an understatement to say I'm terrified.

OP posts:
Bumbumtaloo · 20/06/2018 03:16

If your deposit is protected, as it should be by law, you can raise a dispute. Shelter outlines what you need to do.

england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_tenancy_deposit_back

mozzybites · 20/06/2018 03:21

You can take this to arbitration, but if a new mattress, new washing machine and new microwave are needed that will be quite expensive. It is worth sending him the receipts for the clean, assuming this was done after you have moved your stuff out. Although 160 including carpet cleaning does sound on the low side. Ask him for pictures of what he is claiming is the dilapidation. If you go to appeal the deposit amount will be frozen before the appeal I think so neither side would be able to take it. If the microwave needed cleaning you should have done this before you left, professional cleaning companies are expensive.
You may well get a reduced offer from him if you say you are appealing, which you can accept or wait until the appeal is heard. You are jointly liable though.

AnalUnicorn · 20/06/2018 03:34

He can’t claim for betterment. So if you did break the washing machine, it depends how old it was. As an example, If a washing machine has a typical life span of say 6 years, and it was 3 years old, then he could only ever charge you 50% of any replacement. There’s no way he can bill you for a brand new machine.

Did you have a signed inventory when you moved in ? That is the only acceptable record of the condition that can be compared against. If there is no signed inventory then he is on very shaky ground with any claim on your deposit.

Take advice from the company that holds the deposits.

MrsPicklesonSmythe · 20/06/2018 08:19

Was there an inventory when you moved in? Was your deposit secured in a scheme?

Whatshallidonowpeople · 20/06/2018 08:22

You say the microwave was filthy but elbow grease should sort it out. Presumably that means you left it dirty?

LIZS · 20/06/2018 08:26

A dirty microwave can become corroded and dangerous. If you feel you are picking up the tab for your ex flatmates low standards perhaps they are the person you should seek reimbursement form. It is not your ll fault you fell out.

KirstenRaymonde · 20/06/2018 08:26

Was there a check in and check out inventory done? This is really important to prove the state of the property.
He also has to give you the chance to fix anything he’s contesting, so there should be some back and forth.
Why were you on an air bed?

InfiniteSheldon · 20/06/2018 08:29

It doesn't matter how you left it on the day you moved out you have to leave it clean and undamaged on the day your tenancy ended. As the end of tenancy day was several months after you moved out you should have gone back and done an end of tenancy clean.

ragingmentalist · 20/06/2018 08:31

Joint tenancy = joint responsibility.

You've (collectively) broken stuff, he quite rightly should have it left in the state it was in when you moved into it.

Lesson here is use a cleaning company for an end of tenancy clean, even if it costs you more, it's so much less hassle & pay for the bits you have broken.

The fact you chose not to be there for 4 months, is irrelevant.

user1483387154 · 20/06/2018 08:33

Unfortunately as you moved out months early you have no idea how the flat was left at the end of the tenancy. You will be jointly liable for any damage caused

Imchlibob · 20/06/2018 08:35

Anything that's fair wear and tear can't be charged against your deposit and the landlord can't get new-for-old - so even if you destroyed the microwave, if it was 2 years old he could only charge for half the cost of replacing it (assuming a 4 year expected lifespan).

Raise a dispute with the deposit protection scheme. Argue fair wear and tear wherever possible.

In future take hundreds of photos on the first and last days of any tenancy so that you have better proof.

CasperGutman · 20/06/2018 08:39

Even if the flat was a shithole at the end of the tenancy, that's only relevant if there is an inventory showing it wasn't a shithole at the start!

Previous posters' question as to whether there was a signed inventory at the start is crucial.

lifebegins50 · 20/06/2018 08:39

Firstly is the £890 beteeen you both so £445?

Have you spoken to the other tenant? A gentle approach might see if they are willing to forfeit the whole amount but you said you left because of them so maybe not??

I really feel for you as you sound so scared but it will be ok in the end.
Do your parents know?

PrincessCuntsuelaVaginaHammock · 20/06/2018 08:45

Challenge it. He doesn't get to make a unilateral decision about how much deposit he's keeping.

The deposit should have been placed with a deposit protection scheme. Ask LL for details of it, if he didn't tell you about it already. If he hasn't protected it, take him to small claims- although he can just put it in the scheme then and there to avoid small claims judgement.

But either way, once it's in the scheme, the impartial adjudicators make the decisions. Not LL. And the burden of proof is on him if he wants to make deductions.

I'd also point out that even if it is found that eg you should pay the costs of cleaning a carpet or item, there are set rates for this. He can't just choose to charge whatever he wants.

CHALLENGE IT.

trojanpony · 20/06/2018 08:45

Challenge it via deposit protection NOW.

If the landlord didn’t use the deposit scheme you can be awarded more than full deposit back.
Keep all comms via email too.
You might not get it all but the loss will likely be significantly reduced

Cliveybaby · 20/06/2018 08:52

Sounds like you left it OK but then your flatmate trashed it?
Unfortunately that means that (jointly) you need to pay to sort it out - you can't expect to trash somebody else's property and not have to pay for it!

expatinscotland · 20/06/2018 08:53

The problem is that you left whilst the other tenant was still there. Sounds like the other tenant left damage, but if you were joint tenants you're both liable for that. The cleaner can only attest to what it looked like when you left. You have no photos or video evidence. The microwave may have been unsuitable for the next tenant because as pointed out, can become corroded and dangerous, you saw it yourself but you didn't break out the kitchen spray and elbow grease.

kaytee87 · 20/06/2018 08:57

You can challenge it but if you were still on the lease then you're still responsible for the condition it's left in. It sounds like your flat mate left it in a mess?

GabsAlot · 20/06/2018 08:58

it doesnt matter that u cleaned it months ago its how it was left on the day the tenancy ended

maybe try a formal letter to your flatemate stating you wont be covering the costs gfor him but i dont think you really have a leg to stand on

IIIustriousIyIIlogical · 20/06/2018 09:01

but a bit of kitchen spray and elbow grease would sort it out- it does not need replacing at all.

Sounds like you're a pair of slobs who couldn't be arsed sorting things out to a reasonable standard.

If you didn't clean a nice easy object like a microwave, what other shit have you left tucked away?

Take ownership of your (lack of) actions & chalk it up to experience.

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