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Help with tenancy deposit and dodgy landlord

17 replies

Movinginthesunlight · 15/09/2024 09:02

Hi

We left a rental property months ago. The letting agent has produced an exit check out report that is completely false, they have made out we trashed the place basically. The pictures they have included do not match the videos and pictures we took. There were other problems with the agents such as refusing to fix things such as the washing machine which we paid to be fixed etc during our tenancy.

They are total scammers. They lied to us (in writing) about how we would get back our deposit, which pushed back this process even further.

We have now gone to the tenancy deposit scheme and they won't even adjudicate the case until the scheme are happy we have tried to resolve the case ourselves. We have tried to do this with the agency, however all of the many many things the agents have listed as damage are total lies apart from one. We have said we will accept liability for this very small bit of paintwork. The agent won't budge at all. The tenancy scheme won't accept it. What on earth do we do? It's a few thousand pounds of our money that the agent and landlord just want to take from us.

The agent did a pre inspection check out 6 weeks before we left and none of the huge list of damages were listed as things we needed to "correct"

It's clearly a money making scheme.

What can we do?

Is there anywhere else to turn?

I have previously been through a dispute with a landlord but it was through a different tenancy scheme and they accepted the case without us having to try to resolve ourselves. I won that case, as again another lying landlord. I thought this process would be similar, I'm finding it so upsetting and stressful having to go back and forth with these liars!

I'm posting on here for traffic.

OP posts:
Movinginthesunlight · 15/09/2024 09:04

Not sure why there is a poll and don't know how to remove it.

OP posts:
Movinginthesunlight · 15/09/2024 09:05

Another point - a friend has suggested I write to the local MP, I'm not sure what help they could provide however.

Any thoughts on this ?

OP posts:
TwinklyAmberOrca · 15/09/2024 09:06

Did you take photos when you left?

Movinginthesunlight · 15/09/2024 09:07

TwinklyAmberOrca · 15/09/2024 09:06

Did you take photos when you left?

Yes. Photos and videos.

OP posts:
HomerDancing · 15/09/2024 09:11

This reply has been withdrawn

This message has been withdrawn at the poster's request

MzHz · 15/09/2024 09:11

What HAVE you done to negotiate with the agency? If you have a paper trail, that should be taken as trying to sort it yourself by the tenancy deposit dispute people.

TwinklyAmberOrca · 15/09/2024 09:13

Movinginthesunlight · 15/09/2024 09:07

Yes. Photos and videos.

Then go back to the deposit people (phone if you can) and say you have evidence that you left the property immaculate and want to claim the full deposit back.

Movinginthesunlight · 15/09/2024 09:15

MzHz · 15/09/2024 09:11

What HAVE you done to negotiate with the agency? If you have a paper trail, that should be taken as trying to sort it yourself by the tenancy deposit dispute people.

The back and forth I mentioned. Emails saying we accept that one thing only, the rest is inaccurate/lies.

The agent just responds that they don't accept that. It's a living nightmare. They are obviously looking to make money on this.

We are not lining their pockets by taking more than that.

They had viewings quickly enough after we left.

OP posts:
Movinginthesunlight · 15/09/2024 09:16

TwinklyAmberOrca · 15/09/2024 09:13

Then go back to the deposit people (phone if you can) and say you have evidence that you left the property immaculate and want to claim the full deposit back.

I have. They won't accept the case unless they are happy we have "done enough" to resolve the case. This must mean there has to either be a certain number of emails back and forth or potentially that we accept more of the cost. The latter can't be right as we are not accepting the made up costs.

OP posts:
Cromwell1905 · 15/09/2024 09:18

What were the problems with the last place you did not have your deposit returned ? I have seen both sides of the coin I have one rental property left (not worth the aggro anymore) and what I have seen compared to what the tenants have seen is miles apart.

As a tenant I have also had a deposit of £1200 held back because of not replacing a lightbulb. I went into the agents offices to discuss it and got resolved instantly face to face maybe this is your best option as people act very differently (you and them) on distant communication.

I don’t see deposit as a money making scheme as I believe the deposit is held by the scheme until
its resolved.

as a landlord I have had more poor tenants than I believe there are landlords.

without seeing the pictures we can’t comment

Movinginthesunlight · 15/09/2024 09:22

Cromwell1905 · 15/09/2024 09:18

What were the problems with the last place you did not have your deposit returned ? I have seen both sides of the coin I have one rental property left (not worth the aggro anymore) and what I have seen compared to what the tenants have seen is miles apart.

As a tenant I have also had a deposit of £1200 held back because of not replacing a lightbulb. I went into the agents offices to discuss it and got resolved instantly face to face maybe this is your best option as people act very differently (you and them) on distant communication.

I don’t see deposit as a money making scheme as I believe the deposit is held by the scheme until
its resolved.

as a landlord I have had more poor tenants than I believe there are landlords.

without seeing the pictures we can’t comment

Edited

The landlord refused to return it point blank. In the end the adjudicator gave him £10 from the deposit due to an under the counter light bulb needing to be replaced. It was immaculate. We had it professionally cleaned at our own cost for example.

I am aware the scheme holds the money. However, if you read my posts you would understand what I meant. The landlord has falsified the check out report, making out he did loads of work due to damage left by us. Completely untrue.

OP posts:
Movinginthesunlight · 15/09/2024 09:23

The point on having a conversation face to face, we would have liked to do this, however we now live in a different country.

OP posts:
Movinginthesunlight · 15/09/2024 09:28

TwinklyAmberOrca · 15/09/2024 09:13

Then go back to the deposit people (phone if you can) and say you have evidence that you left the property immaculate and want to claim the full deposit back.

I am going to give them another call tomorrow!

I just wondered if there was anything else I could do. Feel totally beholden to this process without any escalation point.

OP posts:
Cromwell1905 · 15/09/2024 09:33

Movinginthesunlight · 15/09/2024 09:22

The landlord refused to return it point blank. In the end the adjudicator gave him £10 from the deposit due to an under the counter light bulb needing to be replaced. It was immaculate. We had it professionally cleaned at our own cost for example.

I am aware the scheme holds the money. However, if you read my posts you would understand what I meant. The landlord has falsified the check out report, making out he did loads of work due to damage left by us. Completely untrue.

I would ask for the invoices for the work.

I had a tenant who left and I held all of his deposit back which he felt unfair (it was £800) I had to replace all the carpets (well I chose all as they matched) because of multiple cigarette burns despite the property being no smoking. There was crayon all over walls in every room and they completly broke a handmade oak kitchen door. It cost me £1500 but he thought thre was nothing wrong. I am not suggesting you have been like that but just the tenant and landlords view is different. Web we rented we paid a VAT registered cleaning company to do the place before we moved out that gets rid of this problem.

At this point I would probably send a letter (posted and signed for) to the agents telling them that if not refunded in 14 days you will go to money claim (small claims)

Cromwell1905 · 15/09/2024 09:34

Movinginthesunlight · 15/09/2024 09:28

I am going to give them another call tomorrow!

I just wondered if there was anything else I could do. Feel totally beholden to this process without any escalation point.

Give them a call but then email them afterwards with a note of all that was said on the phone

Movinginthesunlight · 15/09/2024 09:45

Cromwell1905 · 15/09/2024 09:34

Give them a call but then email them afterwards with a note of all that was said on the phone

Thank you

OP posts:
Movinginthesunlight · 15/09/2024 09:49

Cromwell1905 · 15/09/2024 09:33

I would ask for the invoices for the work.

I had a tenant who left and I held all of his deposit back which he felt unfair (it was £800) I had to replace all the carpets (well I chose all as they matched) because of multiple cigarette burns despite the property being no smoking. There was crayon all over walls in every room and they completly broke a handmade oak kitchen door. It cost me £1500 but he thought thre was nothing wrong. I am not suggesting you have been like that but just the tenant and landlords view is different. Web we rented we paid a VAT registered cleaning company to do the place before we moved out that gets rid of this problem.

At this point I would probably send a letter (posted and signed for) to the agents telling them that if not refunded in 14 days you will go to money claim (small claims)

Thank you.

I'm sure you're a good landlord. However there are many out there that aren't.

I'm also concerned they will falsify the invoices...

OP posts:
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