Landlord wants £200 for tile we didn't crack

[ladydepp]

1 year ago we paid almost £5000 deposit to rent 4 bedroom house in London. Deposit is help by Deposit protection service. We moved out over 6 weeks ago and have been trying to get our (large!) deposit back since then.

The landlord via the agent is now claiming almost £700 for damages including £200 for a cracked fireplace tile which I know that we are not responsible for. They have a photo of it from check out with a crack but no equivalent close up photo from our check in report. They are also claiming £100 for "cracked banisters" (no photo) and £100 for "door-chipped".

There are other smaller amounts which I can cope with but these seem outrageous.

Does anyone know if it's best to get the bulk of the deposit back and then dispute those damages that we don't agree with? I am not really sure what steps to take next as we have never rented before.

I am no expert but from memory (other threads) I think you have the right to see quotes/estimates of costs to fix these and they have to be reasonable. I have never lived in London but those costs seem quite high, even if you accept the LLs premise.

Do you have any pictures (even on facebook?) of your living room that are date-verifiable so you can prove when you moved in or around the time that you moved in that the tile was already cracked? I would also ask for photos of the other damage, before and after if possible.

Personally I wouldn't take part of the money back as, once you've accepted some, you may find they drag their heels even more on the rest.

Can they (or you) prove that those errors weren't there (or were!) when you moved in?

IE Did they do an inventory when you moved in?

You're best bet is to ask for copies of the quotes to fix these alleged 'damages' as they need to prove the actual cost to them (which is all they can pass on to you).
The other thing to keep in mind is that the DPS will not release the money to either of you until it's been agreed about who gets what. If you can't resolve the issue an independant adjudicator will be brought in to decide who is right and whether or not the LL gets what they're trying to take from your deposit.

Tell the Agent that you dispute these dilapidations and wish to take it to TDS. The disputed amount will be held and the balance refunded. The onus is on the LL to prove condition at the start of the tenancy ie they have to prove that the damage did not exist. If TDS find in their favour they will say how much money to be deducted and often it's less than originally suggested by the Agent/LL.

Doesn't cost you anything and you've nothing to lose by challenging the checkout report.

It didn't cost us anything to take it to TDS but double check that

Thanks everyone, the LL is now refusing to pay any of the balance until all disputes have been agreed. I have asked for proof of damage for around half of the disputed amount.

I could probably ask for more but I'm trying to be fair and reasonable. I shall be investigating TDS next.

The agent and LL have now dragged this on for 7 weeks, grrrrr.

BTW don't ever use Morgan Randall in London for renting, their customer service is appalling and they are completely incompetent. Avoid like the plague!

As toughasoldboots says the LL doesn't have the option of withholding the balance. Start the TDS procedure today.