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Legal matters

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Landlord raised deposit dispute

33 replies

RealLimeNewt · 27/04/2025 10:23

Sorry if it's a bit long but really looking for advice. Name changed to not be linked to previous posts but long time Mumsnet user.

We left a property 4 weeks ago tomorrow that had a zero deposit guarantee. We were told an independent third party was attending to complete a check out report (as they did at check in) but heard nothing from the landlord or the agency they employed to complete the report until last Tuesday (3 weeks after we moved out).

The landlord has raised a claim with the zero deposit guarantee for cleaning and redecoration and we were contacted to negotiate the claim with the landlord prior to it going to TDS for formal dispute.

The landlord provided us only with statements of what they were claiming for (which didn’t match our recollection of leaving the property or our video evidence we took) therefore I asked for a copy of the checkout report so that we could see what the independent third party had identified.

This request was ignored twice and the landlord replied to both requests ranting that we must pay and they have incurred substantial costs and are being fair. On the third time of asking for the report before I would comment on their claims, I was told that I had already been sent the report by the agency they were using for end of tenancy (this is not true neither myself or joint tenant received this) and to request this directly from the agent as they would no longer be communicating with me (I would like to add they are also accusing us of committing a crime that we deny and said if we did not settle the dispute they would have no choice but to report to police making it sound like if we did pay they wouldn’t).

The agent has finally now sent us the checkout report and the condition of the property is recorded as being in a better cleanliness position than when we moved in and no damage identified and nothing to support their claims of a crime being committed. Can anyone tell me how the landlord can now be claiming for cleaning and damage and why the report wasn't sent to us in first place?

We have recently found out (in the last two weeks of our tenancy as there was a problem with electrics and an electrician had to come out) that we have had no in date electrical safety certificate for the entire 3 years of our tenancy and every year we had to remind about the gas safety checks and even though the last one ran out a month before our end of lease a new one wasn't carried out. It also took us a year after moving in to be provided with a carbon monoxide alarm for the boiler.

Combined all of this is making me feel like we didn't have a landlord that was aware of their responsibilities and is now looking to make money out of us for cleaning and decoration that we are not responsible for.

Any legal advice to help with our response to the claim would be gratefully received.

Thank you for taking the time to read.

OP posts:
RealLimeNewt · 27/04/2025 12:54

Legacy · 27/04/2025 12:22

Yes, this 100%!

And also tenants should check the batteries in the monitor and in smoke alarms regularly too, as the LL is only responsible for ensuring these are working at the beginning of the tenancy (although I always checked mine at inspections).

Once provided all alarms were checked regularly. The landlord only did one visit in 3 years.

OP posts:
RealLimeNewt · 27/04/2025 13:00

Hoppinggreen · 27/04/2025 12:48

That would not actually assist their claim anyway, while it probably does say you are not allowed to use the property for illegal purposees they would have to have solid evidence of this (such as a conviction) for it to be relevant to your deposit return/lack of.
You should have been invited to the check out you are correct but the report is technically the property of the person who comissioned it. I have never had a Landlord/Agent refuse to share one though which does suggest it does not help their case to make a deposit claim. I would just tell them to go through TDS and don't engage directly
I hate these No deposit schemes and woe betide any Agent who suggest one to my clients, its sold as an alternative to a deposit and people think that using the scheme means they can't be held financially responsible for any damage or deposit deductions. I predict them becoming a mis selling scandal one day.

We were offered both a traditional deposit and this scheme but were led to believe by the agent that the scheme was the better option for settling disputes. If we had caused the damage or left the place in the filthy condition they are claiming then we would happily pay the amount as per the scheme but we haven’t and I’m not sure how they are planning on evidencing we had when the check out report clearly shows no issues

OP posts:
Hoppinggreen · 27/04/2025 14:18

RealLimeNewt · 27/04/2025 13:00

We were offered both a traditional deposit and this scheme but were led to believe by the agent that the scheme was the better option for settling disputes. If we had caused the damage or left the place in the filthy condition they are claiming then we would happily pay the amount as per the scheme but we haven’t and I’m not sure how they are planning on evidencing we had when the check out report clearly shows no issues

Agents earn comission on them.
I had an Agent tell me that the landlord of a property we were trying to secure would ONLY rent to someone using one of these schemes despite my client being more than able to pay the Deposit
When I insisted they put that in writing to me they changed their mind and we did get the property using the traditional deposit route.

RealLimeNewt · 27/04/2025 19:11

Hoppinggreen · 27/04/2025 14:18

Agents earn comission on them.
I had an Agent tell me that the landlord of a property we were trying to secure would ONLY rent to someone using one of these schemes despite my client being more than able to pay the Deposit
When I insisted they put that in writing to me they changed their mind and we did get the property using the traditional deposit route.

As the agent is being paid a fee to represent the landlord in any deposit disputes I’m wondering if the landlord has been given advise by them. It wasn’t a fully managed service and they therefore charge to answer tenancy disputes.

OP posts:
Hoppinggreen · 27/04/2025 21:26

RealLimeNewt · 27/04/2025 19:11

As the agent is being paid a fee to represent the landlord in any deposit disputes I’m wondering if the landlord has been given advise by them. It wasn’t a fully managed service and they therefore charge to answer tenancy disputes.

Nothing Letting Agents do would surprise me.
The good ones like me and enjoy working with me as I make things easier but the bad ones hate and fear me 😂
My clients are mostly from overseas so don't know anything about the Rental market here and unfortunately some Agents think it means they can take advantage

RealLimeNewt · 07/05/2025 17:01

Just wanted to give an update on what happened with this in case any one finds it useful in future and also to thank all of those that gave advise.

The landlord halved their claim last week and we still rejected this as the check out report clearly showed we had left the property in a better condition than the check in and showed no damage. Today was the day that the claim went to evidence gathering and we have just received an email telling us that the landlord has decided to withdraw their claim and the matter is now closed.

OP posts:
Alisonjayne8 · 07/05/2025 17:15

RealLimeNewt · 07/05/2025 17:01

Just wanted to give an update on what happened with this in case any one finds it useful in future and also to thank all of those that gave advise.

The landlord halved their claim last week and we still rejected this as the check out report clearly showed we had left the property in a better condition than the check in and showed no damage. Today was the day that the claim went to evidence gathering and we have just received an email telling us that the landlord has decided to withdraw their claim and the matter is now closed.

Excellent news!

WaitWhatWhatWait · 07/05/2025 17:41

Great news @RealLimeNewt - well done for holding your nerve! It's obvious the LL just wanted to get whatever money he could from you. If only they had to pay a penalty for bringing a false claim.

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