landlords eh

[chicadelmonton]

We rented a house for two years and moved out in January. As a family we've moved out of several houses before (in London, so £££) and I thought I'd got it down to a tee. I paid for the full expensive clean (was nearly 800 quid, including carpets, ovens, windows etc.). This was guaranteed, so any problems would be rectified by the company. Before moving out we allowed viewings (they were selling), which I don't normally do but they had been very good to us as LL. These viewings continued after we left and are still ongoing now as it's not sold. I had several conversations with the LL about the state of the property and offered to get an odd job man in instead of paying for the inventory (cost is about the same) but he said no they preferred to do an inventory. All fine with me. At the end of the tenancy the ll returned out deposit in full, without question. Great, I thought, and fair too, as we had paid all our rent on time and allowed unlimited viewings. Now, two months later, he has sent me a list of damages totalling 2k (including cleaning faults) and asked for my thoughts. AIBU that he has taken away my right of redress through the deposit protection scheme? I'm aware I could do nothing but it might fester on and if he really wanted to he could take us to small claims. There are some silly things on the list like two broken light fittings for 300 quid each and gardening at 50 per hour.

I would have paid reasonable deductions from the deposit, but why repay the deposit and then do this?

Were you renting direct from the landlord or was there a letting agent? Friend couldn't believe the things her agent was trying to bill her outgoing tenant for. Maybe that's why the landlord wants your thoughts?

The deposit is definitely still in the deposit scheme - they've sent me the certificate. The time limit is supposed to be 10 days. That's what I keep saying to him, tenants leave, get end of tenancy cleaning done, inventory, deposit returned or deductions disputed. Then he comes back with a long list comparing the two inventories.

If I'd known he hadn't returned our deposit I would have been on this ages ago, but I thought he had returned it, but turns out it was a rental adjustment.

@DeadButDelicious that's it isn't, all nicey nicey then full pelt arsehole.

@OldCow1, it's through a big high street agent but on a finding basis I think, managing it themselves.

So do you think if I call the DPS tomorrow they will process the return, even though he is disputing it now?

Oh my, that would be sweet if I just quietly did that.

Bored and annoyed. How can he have sat on this and our deposit of over 6k for 8 weeks! We were model tenants too, what an awful man.

TBF How can you not have known that you were due a rent refund and not realised that your deposit hadn't been returned? I believe the correct process is that you should have formally requested return of your deposit and raised a dispute with the deposit scheme if your deposit wasn't returned within 10 days. The onus is on you to raise the dispute. This is partly your mistake. You only have 3 months from the end of the tenancy to raise a dispute.

You might have a case about the cleaning if he knew you had hired professional cleaners with a guarantee and he didn't use it within the time frame. You should have checked the cleaning yourself though. You had a contract with the cleaners to clean to the agreed standard. You also have a contract with the landlord to return the property in the same state it was when you moved in. They are separate though, you need to make sure that the cleaners work is up to standard and fulfils your contract with the landlord or claim on the guarantee if it isn't good enough. You should have taken photos too.

As you don't disagree that the other damage was caused by you, I'm not sure why you don't think you should pay for it (minus deductions for wear and tear)?

Sorry, that probably wasn't what you wanted to hear. I would be furious with him too but some of this is your fault. He needs to provide several quotes to justify any deductions for repairing damage/replacing items. You can get your own quotes if you disagree. Perhaps from the handyman you were going to use?

No, the DPS won't just return your deposit. You will have to raise the dispute, the landlord then makes his case for deductions/upload evidence, you get a right of reply, then it goes to adjudication. It takes about 28 days.

@chesirecat99, you're not wrong - plus thinking about it now, it was obviously rent, because the deposit comes from the DPS not the landlord. I hired a professional company for the clean and notified him of the date it was to be carried out, then notified him that it had been carried out. We live hours away now. I didn't specify that the guarantee was 72 hours but I did state that he needed to book the inventory to immediately follow that date. I have no idea when the inventory was carried out and haven't seen it, just the photos he sent me.

I have made a pretty generous offer (about 40%), which I thought would settle it, but no, he's going for his full figure and in fact has now increased the gardening fee!

Surely a landlord should know that the inventory is carried out immediately at the end of the tenancy? We rent out a property ourselves and would do a better job than this.

Stop negotiating with him.

All you are doing is providing him with ammunition to say that you’ve agreed with him.

Tell him clearly that you do not agree with any deductions and speak to DPS tomorrow and make sure you are very clear with them about when your tenancy ended.

This should have been sorted weeks ago.

You should have been sent a copy of the move out report/inventory. The date it was done will affect what he can claim if it wasn't done immediately as obviously gardens grow, dust builds up, light bulbs blow and people who were coming to view the property may have made it dirty or damaged items.

However, you agree that you were responsible for the damage so you should pay for that. You need to do your own research into costs and deductions for wear and tear. The landlord will be asked for proof of purchase but it is sometimes helpful to look at archived ads on Rightmove etc so you can show that an item was there however many years ago. The TDS guide for lifespans is below but it is not very comprehensive.

www.tenancydepositscheme.com/wp-content/uploads/2017/04/A-guide-to-check-in-and-check-out-reports-inventories-and-schedules-of-condition.pdf

www.tenancydepositscheme.com/wp-content/uploads/2021/04/A_Guide_to_product_lifespans.pdf

When it comes to cleaning/gardening, if the inventory wasn't done immediately, he wouldn't be able to claim for anything that might have occured after you left eg the lawn needs mowing, dusty skirting boards. If it was done immediately but you weren't sent a copy before the guarantee expired, the adjudicator might find in your favour as the landlord knew it was a professional clean (that usually comes with a guarantee) or they might say that you need to pursue the cleaners for a refund.

YABU in the title of your post. “Landlords eh” implies you’re talking about landlords in general. You’re talking about one specific landlord. We are not all like that.
That being said, on the basis that he has already returned your full deposit, the implication is that the property was fine as it was. I’d point that out if I were you.
The law is on the side of the tenant if the tenant hasn’t done anything wrong.

Deffo trying it on. He can't just make claims willy nilly

I don’t get this. Sorry if I’m being a bit thick but I read it as you got back what you thought was your deposit but it turns out it was rent adjustment and now your LL wants to keep the deposit because of damage etc.

You say you agree with the damage and poor cleaning etc.

If you thought you’d got your deposit back (not realising it was rent adjustment) why not just call it quits? You are no worse off than before you realised you hadn’t actually got your deposit back - bearing in mind you agree that there is stuff in the property that has been damaged etc during your occupancy

Talk to the DPS. This is what they were created for.

@Koalababy, it's our money! 6k too.

There is always a bit of damage involved after a two year tenancy, it's not like we wrecked the place, just a few bits and pieces, door handles, light fittings, that kind of thing. The cleaning was carried out by a professional company under a guarantee of full satisfaction, they just didn't check for weeks.

I don’t understand this OP. You say the bathroom wasn’t cleaned properly by the cleaners you hired but how do you know that the bathroom wasn’t used in the time between the clean and the landlord giving you pictures (I presume) showing it wasn’t clean if they weren’t taken in your presence at the end of the tenancy. Wear and tear is expected after two years of a family living in it. He couldn’t have expected the property back pristine. Don’t Landlord’s tax breaks for maintenance?

Sounds like you’re wealthy enough not to worry about £6k if you didn’t realise you hadn’t been given it back, so you may as well just let him rip you off .

Contact DPS not him. They are a service to use to dispute this and at least they can give an independent review.
Send them every bit of evidence you have and how long it has taken.

I contacted DPS, after brilliant advice on here, after my landlord wanted to keep some of the deposit for stupid things.

The gave me the deposit back in full.

I’m a LL and IMO he’s trying it on with a vengeance.
Having returned your deposit in full he can’t now conveniently change his mind.
In any case, the odd thing needing repair or replacement would be down to normal wear and tear., esp. after 2 years.

PPs’ suggested replies are the way to go.

Aaargh, things like this really piss me off (I'm a landlord). Being a landlord is a job and should be treated as such ie professionally. Deadlines are there for a reason. No need to be too nice (beyond the bounds of common courtesy) or a cunt, just do your bloody job.

It doesnt sound to me like he has any case for redress at all - he's left it too long re the cleaning, and most of the damage he's talking about sounds like regular wear and tear which you cant charge for. What is he saying about the garden?

Just speak to the deposit scheme and ask for your deposit back in full.

@BarbarianMum, exactly! We're both accidental LL plus DH has a property business for rentals, and we would never behave like this.

I'm going to call the deposit scheme now and see what they say.

He is now claiming I told him the guarantee for the cleaning was 8 weeks! He has it in an email I sent him apparently, he's just looking for it...

8 weeks 😂😂😂😂😂😂😂

I still have a key around somewhere, I might sneak back and tuck some prawns under the carpet

@chicadelmonton

I still have a key around somewhere, I might sneak back and tuck some prawns under the carpet

Hahahhahahaha