Landlord help and advice please!

[DharmaBums]

We recently moved out of a rented property which we kept in (almost) pristine condition (renting for 2.5 years). The landlord wants us to pay half of the deposit back (£2000) to her as she says there are chips in the granite worktop. We know there are chips, but they are very minor and we don't think they warrant half of our deposit, as surely she can get these fixed. We don't mind paying for the repair. They really are minor and as such weren't even mentioned in our check our report. Is this worth going through the ADR system or should we just suck it up and face it that she's having a new worktop on us :( Please help we're a bit confused and haven't been in this situation before.

Do you already have your deposit back? She can go whistle.

No, she's holding on to it until we can settle :( been nearly a month now.

I thought it had to be paid back within a certain amount of time . Any withheld amounts need to be substantiated with photos/quote. Was it more than general wear and tear ?

Take the issue up with whatever holding scheme the deposit is in. They will adjudicate.

And if it's not in a holding scheme, see a lawyer/CAB/Shelter. That's illegal.

Tell her to use the deposit protection scheme, do you have details of the scheme used? she should've supplied the scheme details within 30days of you moving in, if she hasn't used one she's breaking the law.

If they're not mentioned on the check out report then I don't see how she can complain really.

Also, you are entitled to fair wear and tear of which I suspect the chips would fall under.

She's taken additional photos to the check-out report and I had to ask to be see them as she's claiming "extensive" damage. In my view they are not extensive and could be fixed without replacing a worktop, obviously I'm not expert though ; ) The letting agency seem to be mediating at the moment and have sent an email threatening that she's got other things up her sleeve in regards to damages?? I thought everything had to be documented or it wasn't legal. We are with a DPS - just needed the money back and were hoping to get it solved more quickly.

As said earlier, it the damage isn't mentioned in the checkout report, she can't withhold deposit. Take it up with the people who hold it.

Thanks oldladyknowsnothing - you clearly do know something!

After all, she could have caused additional damage after you moved out. That's what the checkout report is for.

X post!

TBH if you had chipped a granite worktop that would be something I (as a landlord) would want to have known when it happened, not at the end of the tenancy.

I have no particular comment to make re how she has gone about the process, you need to read the DPS procedures carefully and go through them with the agent (if that is who your contract is with) if you feel they have not adhered to them.

A quick google shows firms who restore granite surfaces for around £300 + VAT so it's not cheap.

Thanks unexpected we were new to the renting lark and didn't really think about it - live and learn from that lesson now. Just trying to establish whether £2000 is really the right sum, so thanks! It may well not even be the landlord who's being a bit difficult about it : the letting agency are a well-know London-based agency who do have a shady reputation, sadly.

Raise a dispute with DPS. It is up to the landlord to prove damages and to prove costs.

Did the LL inform you of the proposed deductions, in writing, within 14 days of the tenancy ending? If not, use this in your dispute. Use the fact that this was not in the exit inspection which you signed.

Any undisputed deposit (ie the other half of it) should be returned within 14 days of the tenancy ending, unless other terms are to be met in the agreement (ie my landlords state that the deposit will be returned within 21 days of providing proof of final payments of the utility bills)

Don't forget, the agent works for the landlord, and so is acting in the landlords interest. Even if the agent managed the property and collected the rent and deposit, your agreement is with the landlord.

(I am normally on the other end of this, acting for the landlord)

Thanks petty - no, the agency didn't raise it we've just been chasing every day after the 14 day cut-off point and finally the agency came back with a "She wants your whole deposit"! When we queried this they have said that they have negotiated a 50% return to us and we are lucky to get that apparently. I think they are trying to use bullying tactics with us, but I think everyone is right I'm going to lodge a dispute tonight.