AIBU to not negotiate over disputed deposit

[Feduptenant21]

I have recently moved out of a rental property after almost 4 years with no issues during the tenancy. The check-out inventory listed everything as 'as at check in' or better (carpets were replaced six months ago).

I have had to really push the property manager to chase my landlord about releasing the deposit. In the tenancy agreement there is a clause that says that the landlord must inform the tenant of any deductions within ten working days of the end of the tenancy.

After another morning of phone calls to the agency the property manager has finally heard back from the landlord after 12 working days. The landlord has listed lots of small issues and said they want to keep a third of the deposit.

AIBU to not engage with a discussion about the deductions as they were requested after the deadline set in the tenancy agreement? Can this clause be enforced legally?

The deposit must be held in a third party scheme, just dispute it with evidence of the check out and the terms of the tenancy re the ten days. The landlord will lose.

Definitely reasonable to insist on your full deposit if deadline missed.

Is the deposit in a protection scheme? Can you deal directly with them? I've heard of them acting very decisively in favour of tenants sometimes.

Raise a dispute with the deposit scheme. The landlord is in the wrong and the agent should robustly tell them so.

Thanks for the replies. It is insured by a scheme but they have said that they would expect the tenant to attempt to negotiate before a dispute can be raised with them. I'm wondering whether this whole negotiation stage can be skipped as the landlord did respond within the 10 days

• sorry should say landlord didn't respond within the 10 days

There expectations cannot override a legal document, advise them it’s a full refund or you will raise a dispute claim.

Thank you. Can they still try to make deductions or have they legally missed the opportunity?

They seem to have missed

What issues is he claiming if the inventory was all positive

He has made no reference to the inventory and so I'm not so concerned about eventually having it settled positively. I'm just wondering if I can skip the whole process (which can apparently take up to 28 days) because he missed the deadline. It's almost £2k and I could really use it right now

By no reference I mean that his issues are things that the inventory doesn't list at all (eg scratches on windows when the inventory lists no defects)

I think you'd be best asking the scheme itself, Shelter or CAB than Mumsnet. Vipers have many opinions and can be a great bunch to have at your back, but sounds like you need informed advice about a specific process.

Are there scratches on the windows?

Negotiation = they offer, you refuse offer, impasse. Then take the claim to adjudication with the scheme.

Don't over think it just move through the steps as promptly as you can.

Yes, you're completely right NumberTheory - was just hoping for some advice/experience before I could do that on Monday.

No, no scratches that I was aware of and nothing recorded in the inventory at check out

Waiting over the weekend is always frustrating!

Don't cave. you want it all back. It's yours not theirs. Cheeky fuckers

It doesn’t sound like they’d be likely to win, and you can make the case to the deposit scheme that no claim can be made because of the time limit, but in my experience, they’ll hear from both sides and decide the matter anyway.

I think you’ll get the money back in full, but not necessarily quickly. They’ve always been pretty irritatingly slow when I’ve moved!

I'm a landlord. If there's nothing on the inventory then whoever is managing the tenancy deposit scheme will definitely definitely refund you the whole deposit. The weight of evidence is on the landlord. The scheme was initiated to stop dodgy landlords keeping deposits. Just to earn you though, once it gets to the negotiation stage it can take months to resolve

So bloody annoying

Why do they attempt this shit

Sending you lots of sympathy
They are idiots

Thank you so much everyone.

@ZiggysPFrow will it have to go to the negotiation stage if he has only mentioned deductions after the ten day deadline stipulated in the tenancy agreement?

Do you rent through an agent, OP? I had a similar thing when I moved out of rental into DH's house, and going directly to the agent made things go a lot more swiftly

Is this already in the release process for the scheme? Have you or the landlord started that off? If not you should be able to do it yourself - either party can kick it off and make their claim, then the other responds.

I think schemes generally do encourage negotiating but in your position I would just message back and say that your only acceptable outcome is a full refund and you consider this consistent with the condition of the flat and check out report. That is your “negotiation” done.

I am not an expert but have used a few of these schemes as both a renter and a landlord at different times. The burden of proof is on the landlord to prove their deductions and it doesn’t sound like they have any evidence to do that. They are chancing their arm. Sorry that it means you are waiting for your money though!

@louisvillelou the check in and out were managed by an agency but the property wasn't managed during the tenancy

I guess I'm really wondering if the clause in the tenancy agreement is legally binding as if it is then this should be pretty quick to resolve.

Thanks to everyone for the quick and thoughtful advice so far. I will definitely pursue the issue in the ways you have suggested

If its little things that would be classed as general wear and tear then he will not have a leg to stand on. Tell the agent he did not come back within 10 working days and he cannot hold you accountable for things caused by general day to day living. Request they go straight to a dispute.

Are you in Cornwall OP?