Sorry for the long post, I don't want to drip feed.
We moved out of a rental property last month. The landlords want to take our entire deposit. They are claiming they need our entire deposit because they apparently need to:
- re-carpet all rooms: There were no marks on the bedroom or living room carpets, it just looks like they've been walked on regularly which they obviously have. The spare room was just used as storage for toys, board games and memory boxes because the flat had limited cupboard space. The room was unused on a day to day basis so there isn't even general wear and tear in there. The end of tenancy inspection confirms there are no marks on any carpets, just dust on the skirting boards and in the corners of the rooms, and a bit of mildew on the window due to age of the property and the living room windows being closed for a week (we moved to the other end of the country, so the property was empty for a week)
- replace all the radiators: The landlord has decided the grills on the top of the radiators are loose, and has claimed we have damaged them. Other than turn the thermostat on and off, and adjust the radiator knob to change the temperature of the radiator, we haven't done anything to the radiators. We didn't dry laundry on them, as per our contract, and we've never noticed any issues with them. They've always worked normally and looked fine. The end of tenancy inspection was incredibly thorough to the point of downgrading one room because there was a single cobweb. They also didn't pick up any issues in their checks of the radiators, and only mentioned "a small amount of dust" on the tops of them.
- Repaint the entire flat, including the ceilings: The walls are magnolia, so show everything. DH also has a significant physical disability and needs to put his hands on the walls to balance when he walks, which also means things wear more quickly. The landlords previously denied permission to put rails on areas where DH is prone to losing his balance, so using the wall was unavoidable.
I checked the tenancy deposit scheme, and any reported marks or scuffs on the wall, meet their criteria of wear and tear. The end of tenancy report has also graded the paintwork as "normal wear and tear". We don't smoke or vape, and we've not altered the ceilings in any way. They were also graded as white and unmarked by the estate agent, so again, they haven't picked up any issues. The landlord has declined the estate agents request for clarification about why they need to deduct the cost of painting the ceilings from our deposit.
After all of this, I emailed the estate agent, and said we will be disputing the claims about needing the whole deposit to refit and redecorate the flat, as it's clear it is normal wear and tear, and the landlord cannot charge for this. I said that ultimately the burden of proof and any costs associated with that lies with the landlord, so if he feels it is more than wear and tear, he needs to prove it.
I was very clear that we will not be consenting to any of our deposit being released to the landlord until he has provided proof that any changes to the flat are more than normal wear and tear. I also said that we are willing to pay for an end of tenancy deep clean, because the inspection reported dust and minor mildew on the window due to the property being empty. However, I expressed that DH and I would like at least 3 quotes to show the cleaners charges are in line with local prices, and that we will require a receipt to confirm the final cost of the clean, because we do not feel the landlords are acting fairly or honestly regarding the deposit.
The landlord has responded to the estate agent saying he disagrees with our dispute, he will not be sending quotes, he will not compromise on the deposit, and that he is not willing to seek further evidence that the changes to the flat are beyond normal wear and tear because he feels we are being unreasonable in our requests.
AIBU?
P.s. I'm sorry for the length of this. It became a bit of a vent post and was incredibly cathartic to write out.