AIBU or is landlord being awkward

[SquishedPheasant]

So have just left 12 month tenancy. 8 days on no sign of return of the deposit. Rang today and landlord wants to make deductions, due to the TV wall mount being left up.

Prior to leaving new tenants messaged me and I asked if they'd like it. They did plus the curtains and pole we fitted (£140 they cost us). Upon moving in the TV mount is in their inventory along with the curtains. Still on the wall and being used.

So now apparently the TV mount has been fitted without permission. However I got permission on the telephone via the lettings agency before moving in, I fully remember this as I wanted the place to be baby friendly and having the TV out of the way made it safer. But with no paper trail of the verbal permission it's my word against theres.

House was left immaculate in the words of the lettings agent. We put the pole up in the front room with no permission but this however isn't an issue?

So aibu to think if it's been left in the flat along with it now being part of the inventory he has no intentions to remove this and is just trying to deduct us for the sake of it?

Can you get a copy of the new inventory? I'd escalate via TDS

Yes I can request to get a copy via the new tenants. I'm really grateful that we are in contact or I would have been non the wiser.

Hmm, however aggrieved you feel please don't ask the new tenants to provide documentation that obviously came from them and was only intended for them, to hold up as supporting evidence to win a dispute against your ex landlord (but more importantly their current landlord) That is going to possibly jeopardise their relationship with him/her. Fight the unfairness by all means but not with their documentation relating to their tenancy.

I am a landlord. I agree he is being bloody minded. I would be inclined to say I will collect the brackets and curtains and pole and arrnage for the holes ro be filled. However they may want you to pay redecorating then I suppose.

In the situation described I would never have withheld monies.

Don't forget that only the disputed part of the deposit can be withheld pending resolution so the landlord must return the part that isn't under dispute. For example if the deposit was £500 and the LL is claiming £100 for alleged damage, he must still return the £400 straight away.

He is being a dick, and if you escalate it with the company that holds the deposit I imagine it would come out in your favour. Submit the inventory where they have listed it as proof.

If you use a lettings agent, the money is with them. Not the landlord. So any disputes and the code will not be released by the letting agents.

I can see where the landlord is coming from, but from experience any court will favour the tenant and you will get all your money back.

I’m a landlord and have had so much damage done and I’ve never seen a penny of a tenants deposit to pay for said damages. Court will favour the tenant so it’s not worth the time to argue it. The landlord won’t get any money back from your deposit.

Well, you can't go back in now.

He has sort of had betterment, you can show that as his new teanrts have use of your possessions and he has allowed them to be included in his inventory, thus claiming them. BUT this isn't the ppoint, you didn't leave the roperty as you found it minus FWT - that s the ONLY standard required.

You flubbed it by not getting permission in writing. That would have been cut and dried.

Take it to abitration with whichever deposit scheme he used. They will porbably tell him to go away, but they could hold that he is perfectly entitled to 'making good and remova;' even though he hasn't actually done that. Sounds unlikely but is the letter of the deposit scheme 'law'.

Oh, and leave his new tenants alone, he could also make a case for you harrassing them and him...

FYI I am an inventory clerk and have to navigate such stuff every day!

If you use a lettings agent, the money is with them. Not the landlord. So any disputes and the code will not be released by the letting agents. Let's hope that s true. Then OP can claim for her deposit not being correcrtly held in a deposit scheme!

It is ALWAYS the landlords obligation and responsibility, no matter who manages the property!

The fact the new tenants want you to leave the items doesn’t come into it.
I’m a LL and would be pretty peed off if you’d installed a TV bracket without asking.

I understand the cross communication re permission but you really need to get everything in writing.

The curtain pole does seem pretty mean though. Unless it really clashes with the rest of the room.