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AIBU?

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Original poster

CF-ery from letting agents!

29 replies

Wyldstyles · 27/12/2018 18:34

Partner recently moved out of rented property where he's lived for 18 months or so. Made sure all belongings were emptied, I personally vacuumed and mopped all the floors (it's wood or tiled throughout), wiped over paintwork etc.

It wasn't in a brilliant state when he moved in. The kitchen was a bit grimy, one of the window panes was cracked and 2 taps dripped/ didn't work. It was handed back in at least as good a state as he got it, if anything I think it was cleaner.

On Xmas Eve he got a 'report' from the agents stating all the floors and walls were dirty and hadn't been cleaned (this is a joke not least because while I was mopping the floor the day partner moved out one of the agents turned up to show prospective renters round!). They've also said the window was broken (this was like it before he moved in) the extractor fan needed cleaning and all the walls repainting.

It's such a waste of time now having to argue this. Why can't they just be honest? The LL lives abroad so it's not like this is coming from them, it's all the agents!

OP posts:
Aaaahfuck · 27/12/2018 18:37

Did you take photos of the state you left the property in? We rented for a good few year before buying and various landlords and agents were cf's

Original poster
Wyldstyles · 27/12/2018 18:41

There was no inventory done when he moved in and no photos done then either so we didn't take any when he moved out, but it definitely had been cleaned. Their write up makes it sound like he'd smeared crap all over the floor.

They've not provided any photos of the dirt or alleged damage.

OP posts:
Pinguuu · 27/12/2018 18:45

If they don't have a signed copy of an inventory, they don't have a leg to stand on. Are you in the UK? Have they protected the deposit in a protection scheme?

SassitudeandSparkle · 27/12/2018 18:46

If there is no inventory for move in/out, I can't see what they are basing this on (also the LA may be going on the word of the LL if they haven't been in themselves).

Original poster
Wyldstyles · 27/12/2018 18:51

Yes its in the UK. He's never had or signed an inventory. The deposit is in one of the deposit schemes, I assume they'll be submitting this bullshit report to them.

The LL lives on another continent so this is definitely the agents work. Though pretty pointless as they have no evidence what it was like when he moved in.

OP posts:
Pinguuu · 27/12/2018 18:55

Exactly get in contact with the deposit scheme and raise a dispute. Youll more than likely get your whole deposit back.

BlackHillsofDakota · 27/12/2018 18:59

If there is no inventory then there is no argument to have. With no proof the deposit scheme will find in your favour. Just tell them to take it to dispute and wait it out.

Hissy · 27/12/2018 19:05

No inventory = no deductions.

It IS that simple

Challenge it and point out that as they can’t establish the condition of the property for the start of his tenancy, they can’t then compare condition of the property now.

Suggest they read up on letting law and regulations, they’d learn a great deal and save themselves an awful lot of wasted time.

I’m an ex inventory clerk. Trust me, they don’t have a prayer

Demand the money back - all of it - or you’ll contact the ombudsman

Beachmummy23 · 27/12/2018 20:22

Just a word of warning the deposit protection scheme takes forever. We moved out in August. After agreeing no deductions were to be made to our deposit and producing a report to that affect. They couldn’t rent the house quickly so agents fabricated a second report. It is with adjudicators now and unlikely to get a decision before end of January

barrelohflaughs · 27/12/2018 20:31

If there is no inventory or no signed inventory then they can’t take anything from the deposit. If the property was in the same (if not better) condition as you claim it was then you should absolutely dispute this, regardless of whether the LL lives overseas or not

Original poster
Wyldstyles · 27/12/2018 20:37

What's really annoying me is the time this will take to sort out. I know 100% they have no chance of winning but the fact they've basically made a false report now means DP will be out of pocket for his deposit for months...all because the agents have lied/ exaggerated!

OP posts:
TruckLoadOfSubtleGlitter · 27/12/2018 20:40

How long did he live there? The longer the better, as natural wear and tear is on his side as well as the lack of invantory.

caringcarer · 27/12/2018 20:42

I am LL and always issue inventory i get tenant to sign and we both keep copy and take photos with dates on and email copy to tenants. We have 6 properties and had over 50 tenants and only made deduction once when tenant smashed glass wardrobe. We don't use agents as don't trust them. We have waiting list from referrals by past tenants. Learn from this and try to avoid agents. Send in complaint to deposit scheme as we hear they almost always find in favour of tenant unless LL has valid evidence. So we photo and get tenant signed inventory.

MotorcycleMayhem · 27/12/2018 20:49

I've had to deal with this as a tenant before. I dealt with it by calling their bluff. I met the agent at the house with their ludicrous list, and all my cleaning supplies. The only thing they could substantiate out of about 30 things was that I'd forgotten to clean the grill pan. I washed it up and that was that. 100% deposit returned.

Would that work here?

The house had been sold anyway - that was why I was moving out!

Original poster
Wyldstyles · 27/12/2018 21:03

Unfortunately he's now living 250 miles away so meeting them at the property isn't possible. He moved out on the 10th and handed in keys then but it took them 2 weeks to send their report through! Their office is now closed til Jan 2 as well.

OP posts:
Original poster
Wyldstyles · 27/12/2018 21:05

I should say I'm no Mrs Hinch but I'm a reasonable cleaner and I've cleaned my own properties at end of tenancy and never had this issue (I actually got a thank you once for leaving the house in such good condition) so I am sure this is a try on and there was nothing wrong with my cleaning.

OP posts:
yorkshirepud44 · 27/12/2018 21:08

Letting agents can be such twats, both Dp and I have experienced this.

I got a report advising there was "debris" in the bath and they'd found dust on top of the towel ladder in the bathroom. For this they wanted us to pay for a professional cleaner. I was only in rented due to an insurance claim on my own home so told them to sod off. I'd taken photos prior to moving out which showed it was properly clean.

Dp was charged £150 for leaving a bag of frozen peas in the freezer of an otherwise immaculate house. He didn't pay.

spinn · 27/12/2018 21:30

Does he have any emails he sent to them about any issues early on (like the window)?
Do you have receipts for cleaning materials?

Any photos generally of time in the property which show the condition over a period of time?

Were there any interim property inspections taken place?

lastqueenofscotland · 27/12/2018 21:52

If there’s no inventory the deposit scheme will likely give the whole sun back

YouSmellOfBeefAndCheese · 27/12/2018 22:23

Beachmummy23 we moved out in June and won’t get our deposit back until at least January too! We were so badly treated by our previous landlord and letting agents with the various things they did it’s been really stressful.

Gettingbackonmyfeet · 27/12/2018 22:32

Oh OP I'm sorry ...i firmly believe there is a special kind of hell for the gits that do these reports and have a hissy fit...they either personally live in a sanitised bubble or they are money grabbing arses getting paid by the estate agent to pull a fast one

As you say you can challenge it but it becomes a pain as it ties up your money

Vile arses

2isur2isubicurtis4me · 28/12/2018 02:09

They are very unlikely to win given your account. Start a disputed asap. It is a really easy system. Our letting agents tried to take most our deposit over a £1000 and it was actually really satisfying because before we disputed we tried to negotiate and the letting agents just ignored us and the times I rang they would say things like "well that's your prerogative" in a tone that said yes well you can but you are wasting your time we are professionals in this. They also did some very sneaky tricks to make us feel we had won including a invoice stating they had deposited £1500 into our account but would take 5 days to clear. Those 5 days would have taken us over our response time so I am so glad I decided at the last minute to carry on with it as I couldn't get hold of the letting agent... a suspiciously delayed out of office reply which again took us over the response time.
In the end we paid £350 which was fair in my opinion but laughably £259 less then we had offered in our negotiations prior to dispute and which I clearly in the dispute paper work agreed with but the assessor decided differently and also noticed 2 items which were charged twice so removed them.

Go for it they have no inventory they have no defence.

TheOxymoron · 28/12/2018 07:17

If there is no inventory or recorded inspections then they can request all they want, they won’t get far.

swingofthings · 28/12/2018 07:40

If the property was managed by an estate agent, it is highly unlikely there wasn't an inventory done when he moved in. Maybe he forgot or its possible they didn't send him a copy.

Cleanliness can be a matter of opinion. My ex tenant was adamant she'd returned the property in a clean state and everything was wear and tear. It ended up with the adr and they agreed with me. I'm sure she thought they were just biased.

At this point your OH will just have to take it to adr too and present his case. If indeed there is no inventory of dated pictures he has nothing to worry but I can't believe an estate agent would take a tenant to the dispute resolution without one unless they are very very new to the business or complete amateurs.

CuriousaboutSamphire · 28/12/2018 08:27

I am one of those fussy gits who writes the reports...

As pp have said, it is unusual for agents not to get an inventory done. But it is also not unusual to be held to a higher standard of cleanliness on the way out, most arbitration reports are about cleaning. They won't be able to claim for a full clean, adr is seldom impressed by claims for that.

Your OH needs to show willing and then to start a claim. So he needs to point out that he never received an inventory, to point out the glass was broken at check in and that the floors would have been dirtied by the viewings that took place between his leaving and their check out.

He needs to ask for their documents and to state clearly that he will pay any reasonable charges once he has them.

That way he us in record as being reasonable...

Good luck.