Landlord taken 50% of security deposit!

[lottsm]

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

All communication with your LL needs to be in writing so email or letter. You need to ask him to confirm which protections scheme the deposit is in as you'll be challenging his deductions.

Try your Student Union or student help place. I wouldn't be surprised if they haven't had experience in such matters before.

They can sue if the deposit isn't protected, but the landlord can just put it into a deposit scheme then and thus avoid having to pay any compensation. So it's more of a way to force the money into the scheme than it is to get compensation.

Honestly though OP it's really not difficult to challenge at all. The process is intentionally straightforward.

They must put it in a scheme within 30 days. They can't put it in at the end of a tenancy to cover their arse.

There are letter templates available here.

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

Do not be bullied. Brush up on your rights and the law.

There are two separate issues here: 1) Joint tenancy and 2) Deposit held by landlord.

Taking 2) first. The good news with the deposit is that the onus is on your landlord to prove their case to the deposit protection scheme. They will need an inventory that you signed when you moved in, along with your tenancy agreement, photos taken just before you moved in and and at end of tenancy and quotes for work required. The DPS won't just roll over and hand the money to the LL. You must dispute the claim, with facts and evidence - including pointing out where there are gaps in the LL's evidence e.g. if there's no signed and dated inventory.

You saying you're not sure if the deposit is protected makes you sound scatty and irresponsible I'm afraid. If it matters so much to you to get your money back, you need to be taking more responsibility for yourself. Your 'really caring' and 'not knowing' are incompatible attitudes.

Practically, when you moved in, your LL had a fixed amount of time (a month maybe) to place your deposit with a registered scheme and give you log in details. One of you will be 'lead tenant'. Search your emails etc and find the log in. You may need to talk to the other tenant.

If your LL didn't use a DPS they're in big trouble and you can claim everything back and more.

On point 1) the joint tenancy. You're jointly responsible. You cannot divide damage into 'her fault' and 'I did nothing wrong'. You are jointly responsible. If she was breaking things and not fixing them, you needed to have a strong words with her and tell the LL at the time.

The idea that you can leave the microwave disgusting because you weren't the one using it is utter nonsense. Trying to pull that sort of immature 'I live in my own bubble and can't be expected to communicate with my housemate' stunt will just make your LL and the DPS think you're a timewasting fool.

I've been a LL and seen this attitude. It's why I learnt from experience not to let to undergraduates. Not that postgrads and employed people are all responsible, communicative and upstanding citizens but, they are on average more mature.

I know I'm being harsh and a PITA when you want support. But actually, my message is that, while you contributed to getting yourself into this mess, you have a good chance of getting out of it.

Hi sorry for abandoning the thread I was incredibly anxious (so much so I asked for my account to be deleted). Although I said I moved out several months ago, I came back on the day before the tenancy ended to tie up loose ends and help my flatmate get the flat in order. So I know for a fact it was in decent condition the day keys were handed over. I spoke to my flatmate and said sorry there is no way I am covering the mattress. Initially, she agreed but got back to me (having read the amount quoted) and said she was unable to pay for a replacement.

I'm seeing a student union rep later today. I am borderline distraught, my hands haven't stopped shaking since 3 AM. Hopefully we can come to some agreement.

Also I would've cleaned the microwave but I ran out of time and had a train to catch

Landlords often withhold deposit. Next time don't pay last months rent.
You will come to some arrangement with family, so much a week? They can't have what you haven't got, but you should make a plan to repay them. Your flat mate should pay half

The SU will be really helpful and have seen it all before. You've had some great advice here too.

Really, remember that the onus on the LL to make their case and prove everything. That means that they are the one likely to lose out, if they have what seems a legitimate claim but cannot provide all the evidence.

Also, what everyone's said about them not being able to charge you for upgrades or even replacements, if things were already a few years old, is right. Everything - carpets, white goods, fixtures and fittings - has an expected lifetime and in a rented property it's not that long.

I don't know how far ignorance can take you as an appeal strategy, but it's worth trying. If it doesn't work out take it as a costly lesson - don't count on other people to protect your money. Next time make sure you are there on the last day, or the day everyone moves out and scrub the place. If you don't want to clean things that aren't used by you ensure that someone is cleaning them because "I don't use it" isn't really a valid excuse, and take lots of photos.

@LuMarie Also, I know what we did was not an end of tenancy clean. It was just to get it looking nice. I knew we would still have to fork out for it but my flatmate dug her heels in and said she wanted the landlord to sort it opposed to us (my preference).

lottsagain other people are giving you good advice re the whole landlord bit. I'm concerned that you seem so scared of your family. Surely they're on your side?

It sounds like you've had a terrible time with your flatmate, and the landlord is on the slightly grasping side. However, it is not his fault that your relationship broke down, you signed a legal contract to be responsible for the property for 12 months and if at the end of those months the washing machine is broken, mattress needs replacement and flat or elements of it like the microwave are filthy (or even just regularly dirty - an end of tenancy clean is usually far more than the 2 hours you mention here) - then that is of course going to cost a lot of money to sort.

Agree with getting advice from student union. Have you talked to your parents?

Also I would've cleaned the microwave but I ran out of time and had a train to catch

I sympathise OP but that's not really the landlords problem. You can't leave the house/flat dirty and expect to get your security deposit back in full - it just doesn't work that way. A quick wipe-round and a hoover isn't enough when you've lived somewhere a year, you need to do a proper clean - either yourself or by paying a company to come in and do it for you.

I've never lost any of my security deposit and I've rented of several landlords in the past. I always spent at least two days cleaning before moving out - so cleaning appliances, properly cleaning carpets, scrubbing the bathroom/kitchen properly and doing a final vacuum and dust-down before handing the keys back.

Some landlords are dodgy fuckers and will try it on to get your deposit off you, but if you left the microwave dirty, I can't help but wonder what else you didn't clean properly?

Landlords often withhold deposit. Next time don't pay last months rent.

And get a CCJ? Terrible advice- just ignore this. Rent and deposit are not linked, the deposit will be in a secure scheme. Find out which one and challenge any aspects of the retention of the deposit that you consider unfair.

And yes, LLs do take the piss and do seem to, even when they're being legitimate. You need to learn from this what entering into a contract with one really means.

I once left a flat immaculate - cleaned carpets etc. But, there was a bit of dust on top of a paper lampshade on a high-up light in the hall. I was charged £30 (15 years ago) for an hour or two of someone's time, to come in and dust it. I thought 'FFS, I could easily have knocked that dust off if I'd realised and, who notices that anyway?'. Professional letting agents, that's who.

It's not about how simple a task is. It's about how much time and equipment has to be paid for, for someone else to deal with it. (Likewise arranging collection and transport to the tip - not cheap - for stuff 'kindly' left behind).

Thanks for the advice I have been given. I haven't spoken to my parents yet. I know how they will respond. They are very strict and won't be interested in anything i have to say, they'll just want me to sort it and give them their money.

deposit protected in a scheme?

if so , raise a dispute. If not, sue for non protection.

does sound a filthy student flat at the end but filthy places can be cleaned. Or a new microwave is £50.

The money needs to be in a deposit protection scheme. If it isn't, the you will be able to claim 3x the amount of that from the landlord.
If it is in a scheme then appeal against it. The scheme will decide and release the money, either to you or the landlord. If theres no inventory then it's the landlords problem. He can't claim when he can't prove the initial condition. Tbh I doubt he'll win this, the odds are stacked in the tenants favour these days. Not that I think that's particularly great either.

ignore blabbering landlord haters. Read your how to rent, find out your rights, take appropriate action.

yours to sort, not your parents.

Thanks for the advice I have been given. I haven't spoken to my parents yet. I know how they will respond. They are very strict and won't be interested in anything i have to say, they'll just want me to sort it and give them their money.

Then this is going to be a hard lesson learnt. You are going to end up out of pocket, it's just a matter of how much by now.

Ignorance, and telling them you didn't clean the place properly, and then had to leave early so just didn't bother with some bits? How do you think that's going to sound?

Zero sympathy here.

does sound a filthy student flat at the end but filthy places can be cleaned. Or a new microwave is £50.

Of course it can be cleaned, but that's the tenants responsibility, not the landlords. The landlord is well within his rights to charge for a full clean if the place has been left in a state. If the microwave has been left covered in food and grease, the rest of the place probably won't be in brilliant condition either.

Are they a student landlord? In my experience landlords that always let to students are very light touch with deposits, having been through at least 10 with various offspring. They factor in new mattresses every year and cleaning between tenants (needs to be done in a few hours on the 1st july) as part of the rent and so don't withhold deposits. They focus on getting everyone out quickly which gives a few hours until the next lot arrive.

You are going to get a lot of advice from owner occupiers on here OP, and you need to take it with a pinch of salt.

1. If you hired a cleaner then send him the receipts for this.
2. He can not charge you for anything unless he has the receipts to show the tenancy deposit scheme. This is a relatively new law, so ask for these to be made available before any deductions are taken.
3. He can not charge you for wear and tear. Unfortunately it is a little unclear in this country what that includes, but you can challenge it with the tenancy deposit scheme.