AIBU to challenge the agent over the end of tenancy inventory?

[itsme50]

We have recently handed over the keys to the agent of a rented property. We still have the inventory from when we moved in. It was in a state and we had to spend a few days cleaning it and mowing the overgrown garden. We cleaned cobwebs and the oven was dirty, etc,

We have cleaned the whole house again for moving out. It still has the original carpets. In fact, hardly anything has been done in the house over the last 15 years we lived there.

The agent has sent us a report stating that the house needs further cleaning and is only in a 'fair' state, with cobwebs, etc, which we cleaned.

We showed them the original inventory and said that we were advised that the house should be handed over in the same condition as when we moved in. The agent said they are going to disregard the original inventory and it's now down to the landlord.

Is this fair? I don't know what to do next. Any help would be appreciated. Thank you.

It doesn't work like that, legally The move in report stands
The Agent/Landlord will now have to apply to whichever scheme your deposit is held in to keep a portion for cleaning costs and provide evidence
You will be able to challenge that
Its part of my job to help my clients get their deposit back post tenancy

Were there cobwebs or a dirty oven left? And is this explicitly referenced on the original check-in report.

Assuming it does, I’d email the agents a copy of the inventory, “so they can inform the landlord you’ve left the house in a better state that when you moved in” and also ask for a reminder of the scheme your deposit is being held in as you haven’t received it back.

Keep fighting, fuck the agent

I went to the agent and showed them the original check-in report to show we had left the house in a better state. It's all there, dirty floors, kitchen, etc. The agent looked at it, shook her head and said, "We are not going to use that. It's now up to the landlord. We've sent him the report."

@itsme50 Is your deposit protected ? If so stop liaising with the agent log into the deposit scheme. Request your deposit back dispute any deductions. Let it go to arbitration

So, my original moving in report is binding? Does this allow for wear and tear on carpets, kitchen cabinets, etc nearly 20 years old?

Can you create your own inventory/ condition report that details what state it was in when you moved in, room by room, so that it's clear that you don't necessarily agree with whatever their version said?
(if you have any evidence/ photos taken at the time, that would bolster your case)

Landlords are supposed to budget for what is considered "fair wear and tear"!

This means the kind of issues that you'd normally deal with in any house, however careful the residents are, because they're an entirely normal thing that happens over time. It's so normal that HMRC allow landlords to claim these as costs entailed in running their business.

As well as worn out carpeting, the list includes things like occasional scuff marks on walls, doors, skirting boards and hard flooring; (such as settlement cracks in plaster; chipped and faded or slightly discoloured paintwork; loose cupboard handles and hinges; worn kitchen counter-tops; warped blinds and faded curtains...

Decent landlords and housing providers would have a maintenance schedule, and also replace things like kitchens/ bathrooms after a certain number of years, and also regularly check the condition of roofs, external walls, drainpipes, window frames.

There's a legal requirement to check things like smoke/ carbon monoxide alarms, gas boilers, electrical wiring etc at set times, but apart from that, a failure to carry out any inspections, proactive maintenance or repairs throughout the length of a tenancy would count against them if they tried to withhold your deposit.

PS: Just went and checked. According to some websites there is guidance for landlords about how to calculate the cost of any damage, as they're supposed to take depreciation into account and not profit from what's called "betterment". This details what is officially considered a reasonable 'lifespan' for various items - eg a washing machine is meant to last up to 6 years, a hallway or staircase will need redecorated after 3 years. One table I saw says that one would expect to replace a "budget carpet" after 3 years, a "medium quality" one after 8 years, and a "top quality" one after 15 years.

Yes wear and tear is expected. If you're been there for 15 years and never had any new carpets the LL will obviously have to change them for a new tenant.

Did you not take photos of the empty property after you had cleaned it?

I'm a LL and I paint in-between tenancies and new carpets every 8 years.

No, unfortunately.

The house has been sold. We were told we had to move out. We moved out. The landlord isn't going to rent it out again.

Have they shown you the inventory? Most landlords use an independent agency that will include pictures, etc. If they've done their own and haven't included pictures, that's a red flag.

Did you take your own pictures when you moved out?

You'll just have to go through the deposit dispute resolution service when they let you know how much they want to take out of your deposit. It's quite simple and they are fair, although having your own evidence/photos helps a lot.

Yes, it is
Fair wear and tear is allowed, however there is no real definition of what fair wear and tear is, although most Agents will have an industry standard
I tend to use this Wear and tear in renting: What it means and how it is applied
They can certainly not decide to ignore the move in report though

Do you have a valid gas safety cert? Where is the deposit stored? You might be in for a windfall if this hasn’t been managed properly.

The landlord did the right things, but the house has been basically left untouched. We did most of the little repairs because we didn't want our rent increased. He said that the agent has a habit of using their own people - family, etc. to carry out any repairs he did do. We have noticed this too. The agent have often been more of the problem. They have said that the house hasn't been cleaned to an excellent standard. Yet, in the move in report it was in poor condition and not clean at all. Three people in the office were shown the original moving in inventory and said there is nothing more we can do. They said it's now up to the landlord. They have sent us a report stating that there was no original inventory, even though, we showed it to them.

Can you get in touch with the LL ?

After 15 years they can't claim anything really, its all fair wear and tear it would be expected to have new carpets and decorating done. Just claim your deposit back off the scheme.

If they try anything, go to the deposit scheme your deposit is held in, and with the check-in report, check-out report, and the length of tenancy I don't think you'll have any trouble getting your deposit back.

My only advice is not to offer any amount - you've been fair, you have both reports. They can't just 'not use' the check-in report - that was the state you received the house in, that is the base-line they are working to, and have to evidence any damage between that and the checkout report, less reasonable wear and tear (which over 15 years is considerable leeway in your favour!)

how can i find my deposit scheme my deposit is held in, please?

The protected deposit scheme began in 2007 so if you have been there 15 years yours should have been
You should have had a certificate from The Agent or landlord within 14 days of your Tenancy starting, if that didn't happen its illegal

you can find the links to the 3 schemes to search here if you don't have your original paperwork

https://www.citizensadvice.org.uk/housing/deposits/check-your-landlord-has-protected-your-deposit/

You could also ask the agent. They can't just retain your deposit, there is a procedure to follow.

This is assuming you're in England - if you're in Wales or Scotland you'll need to google to find the deposit schemes there.

We had this, I went through the tenancy deposit dispute service. Landlord tried to say there were 2k of works to be done including recruitment of their front door and a downstairs cupboard which were how we found them when we moved in. We ended up paying 300 quid for a couple of issues that I still disagree with and wish I had taken my own pictures. It did take three months to get the money back though but we did get most of our deposit back in the end.

It's because of greedy ass landlords like this that the government had to step in and protect peoples deposits. Go through the official chanel and object to the charges.

defo fight this.

have the new people moved in yet? if not can you get any photos through the windows?