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Landlord wants me to forfeit deposit

29 replies

Lettuceleaf37 · 18/10/2021 19:58

Hello,

I’d really appreciate some advice if anyone can help.

I’ve recently moved out of a professional house share, having rented a single room since December 2018. It was an assured short hold tenancy, if that’s relevant. The deposit held by the DPS is £350.

I’ve paid all rent to the end of my notice period, and have undertaken a lot of extra jobs for the landlord (garden work beyond simple maintenance, taking unpaid time off to let non-emergency contractors in to the property when they ask, etc.) they’ve told me several times that I’m the only tenant who can be relied on. I haven’t had any problems with the landlords until recently, as the end of my tenancy approached.

Due to securing a new apartment, I gave the landlords the required two month notice that I would be vacating my room, and if they wanted to try and secure a new tenant, I would be happy to end the tenancy earlier. I still paid all rent due for the full notice period. I made a slow move to the new apartment, and moved a few boxes a day over a couple of weeks. During this time, the landlords gave my passcode to another tenant, advising him he could use my room to stay in whilst they undertook maintenance in his room- granting access to my room and remaining belongings without my permission. This was done instead of putting him up in a hotel as previously arranged. On confronting them, they attempted to make out this access was only given to attend an emergency in my room- which they have not yet provided me with any details of. I asked them to change the passcode following this and they failed to respond. I moved all of my items out a few days later, took photos and advised I would not be re-entering the property.

I suggested an interim inspection during this period may be of use to help me ensure they were happy with my room, etc. prior to the tenancy end date, and asked to be present for the final check out inspection, which they have since undertaken without my knowledge or presence. The only feedback, via email, is that my own room was in excellent order, but that the shared areas needed a lot of work, and that they had spent hours cleaning the kitchen and clearing the garden. The tenancy agreement is unhelpfully vague re: the shared areas- but suggests a ‘clean as you go’ policy should be adopted, which is what I followed. Beyond this, I cleaned the kitchen several times despite not using it due to the cooking practices of other tenants. The tenancy agreement simply states that the tenants must keep garden areas tidy, but the landlord asked me to cut back entire hedges, front and back for which I had to purchase my own tools and borrow ladders.

The landlords suggestion following their ‘inspection’ was to make me an offer to forfeit my full £350 deposit for the cost of cleaning the kitchen and clearing rubbish bags from the garden, and if I agree, they will not pursue any extra costs from me. They have said that if I don’t agree, it will cost me considerably more than £350.

It’s very difficult to talk with Shelter or Citizens Advice in person, as they are understandably only providing emergency support at present.

Could anyone who has got this far (thank you!) advise me of how best to proceed?

Can I really be held liable for the full costs of clearing and cleaning shared areas, when two tenants are still living there, and when another tenant left at a similar time with rent arrears?

Thanks in advance for any help

OP posts:
ShirleyPhallus · 18/10/2021 19:59

He’s taking the absolute piss. Let it go to dispute resolution and you’ll get your full deposit back.

He’s trying to use bullying tactics but you really won’t owe that money.

LIZS · 18/10/2021 20:01

If the deposit is protected in a scheme dispute any deductions, if not you can take him to court.

MrMrsJones · 18/10/2021 20:05

Contact the scheme where your deposit is held and request it back, your LL will have to prove you owe him money...he won't be able to and you will get your deposit back in full

Lettuceleaf37 · 18/10/2021 20:08

Thanks for responses so far. I suppose my main concern is opening myself up to further legal costs? I’m totally shocked to be in this position to be honest as had had such a positive experience until the last few weeks.

OP posts:
ImUninsultable · 18/10/2021 20:08

You'll win at dispute resolution so let it proceed to that.
If he didnt secure your deposit then take him to court. You'll win, you may get all your rent back too.

MythicalBiologicalFennel · 18/10/2021 20:08

He's trying it on. My old landlord tried something similar. As soon as we replied saying that we would contact the body holding the deposit he backed down and coughed up 100% of the cash.

StCharlotte · 18/10/2021 20:10

Our tenant left our house in an appalling state - didn't even attempt to clean and had caused a fair bit of damage beyond wear and tear. We tried to retain the deposit or at least some of it and got nothing. You'll be fine.

Hapoydayz · 18/10/2021 20:12

Yes, dispute resolution, you will win. The LL is trying it on and has taken the complete piss already

ThePlantsitter · 18/10/2021 20:13

I don't see how they can get any money out of you. Did they and you sign an inventory when you moved in/out? If not they've got literally no leg to stand on.

ShirleyPhallus · 18/10/2021 20:14

@Lettuceleaf37

Thanks for responses so far. I suppose my main concern is opening myself up to further legal costs? I’m totally shocked to be in this position to be honest as had had such a positive experience until the last few weeks.
You can’t be liable for any further legal costs. The landlord would have to prove his has suffered a material loss at your actions. Things like keeping the garden tidy are so vague he cannot possibly prove that he has made a loss from anything you’ve done.

Please don’t worry about this - I had similar from a landlord and actually some of the stuff I was guilty of but she was such a prick I took it to dispute resolution and they sided with me anyway, even the stuff that was my fault

lottiegarbanzo · 18/10/2021 20:16

It's quite hard for landlords to win a case through the deposit protection schemes. They have to prove everything. Let them try it. Respond factually to whatever questions the scheme asks you. You'll get your deposit back.

Lettuceleaf37 · 18/10/2021 20:21

Wow- thanks everyone. I feel a little more at ease! Signed an inventory on moving in- mostly about my own room if I remember rightly. Which they’ve confirmed they’re absolutely happy with. But the issues shared areas are just so vague, and they’ve not provided me with any check out inspection paperwork- just done a walk round themselves it seems. They’re also not confirming how to return the front door keys? Any advice anyone. Don’t want to post them through at the property in case another tenant picks them up instead. Send them back to the landlords own address via recorded mail? I have asked but they’ve not responded. Thought I could ask during the final check out if they’d let me know when it was!

OP posts:
SpiderinaWingMirror · 18/10/2021 20:39

Take it to the dispute process. My dd had exactly the same thing. She did more than her fair share of cleaning and maintenance and left her room as she found it.
As there were a rotating cast of tenants they tried it with every tenant. Dd just refused, put it to the deposit scheme and got it all back.

user1471457751 · 18/10/2021 22:11

If you want you could also look at taking them to small claims court to get your rent back for the time they gave your room to someone else.

Lettuceleaf37 · 19/10/2021 20:25

Thanks again everyone for advice so far. One more quick question for anyone that may have time- on looking back through documents and emails- I now recall that the landlord advised that no formal inventory was undertaken, despite my request to the landlord. In lieu’s of this I did take my own photos. Do you think that’s something that would go in or against the landlords favour? They are now trying to claim further ‘problems’ with my room. Thanks in advance!

OP posts:
Exibstudent · 19/10/2021 20:27

Against the landlord! Massively nso

ShirleyPhallus · 19/10/2021 20:39

Against. It means that they have no record of how the flat was let to you. This is literally not possible for them to come back from.

Don’t mention your own photos. He didn’t take them and that’s entirely on him.

emsie12345 · 19/10/2021 20:40

So common. You never really know your landlord until you move out. Dispute with the scheme, most tenants will win if they have photos and its a simple process. Also report your landlord to the council with proof ASAP. Sounds like he's done it many times before, yours might be the complaint that gets him stopped.

Svalberg · 19/10/2021 20:43

When it goes to dispute, make sure that you upload EVERYTHING including your requests for inventories that weren't done, any agreements to do anything and any photos that you took.

Svalberg · 19/10/2021 20:44

Photos when you moved out, that is

Walesrecommendations · 19/10/2021 20:49

Why should you be stung for the full costs relating to the shared areas? He's trying it on because you're leaving. No advice, but I really feel for you and he's an utter arsehole.

Lettuceleaf37 · 19/10/2021 20:50

Thanks all. You really can’t trust that anyone is as kind as they initially seem- lesson learnt!

OP posts:
KaptainKaveman · 19/10/2021 20:51

Good luck OP.
So many LLs are cunts.

Lettuceleaf37 · 19/10/2021 20:52

The landlords are now trying to claim for rubbish removal in the front and back areas of the property (a terrace- with plenty of neighbours!) I’m not sure how they’ve decided that’s me, who had a bin to use!

OP posts:
WoolyMammoth55 · 19/10/2021 20:58

OP I've known about 6 friends over the years go to dispute with LLs over deposits and EVERY TIME the tenant won.

He's being a bully but he's done everything wrong - no formal inventory means literally no proof! So you will be absolutely fine.

Stand your ground and go after him for the illegal access to the room you had paid for - that's a big deal and he owes you for that invasion.

Good luck!

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