Disputing losing full deposit on rental flat

[GoldilocksAndTheThreePears]

I recently had to move due to my failing health- I was in my last flat for 3 years, when I moved in I was fit and well and earning around £40k in an active job. So it's an expensive flat and the deposit was £1600.

Over the last couple of years I've become disabled, completely unable to work, finally savings ran out so I've moved 300 miles near my family to a much cheaper place. Very very lucky to find a landlord willing to take someone on disability and HB.

Today I got the check out report from my last place and they are refusing to return any deposit. I'm absolutely flummoxed as I left it in good state, or I thought I did. I paid £240 for a full clean, as the lease stipulated. The list of 'Damage and Unreasonable Wear and Tear' is huge but so minor, I'm so lost here. A bin left in the wrong room (the cleaning company moved this, I know it was in the spare room). 2 table mats left under the recycle bin- as the flats don't get their recycling taken, you take it to a bin yourself, I haven't moved that since I moved in.

A dusty mirror, a mark on a door that needs urgent attention, a shower head left behind (this was in the bin, and something the cleaning company should have taken out). They've listed that the smoke alarm doesn't work but after a year there they sent someone in to check and that person said it was broken, I had a brand new battery in it anyway. they fitted a new one next to it but didn't remove it. A discoloured mark on the floor right in front of the front door that I've never noticed. The front door handle slightly loose although I've never noticed it in any way loose.

It's a long list of minor stuff but apparently adds up to £1600 worth of 'damage'. I'm absolutely gutted, I moved over 300 miles away and am now seriously ill because of it. I'm freaking out. I can't just pop over and do anything, physically or financially no way.

Has anyone fought losing a deposit like this? Anyone have any advice at all? I borrowed money to be able to move and was counting on this deposit to pay back. I'm just beside myself, any advice would be truly appreciated. I'm completely alone, no one to talk this over with, just sitting here in floods of tears.

Thanks. I don't know of a record of condition, I just have the inventory I paid for when I moved in. I paid around £200 for that to be done.

I think then I need to find out where the deposit was held and start legal dispute for it. I truly truly was hoping to avoid all this, I kept the flat spotless even when I was ill. I paid extra for a good company for the clean, I spent hours looking for someone to help me change the lightbulbs and ended up paying the removal men to do it. I couldn't see anything at all wrong and to be told I did £1600 worth of damage is beyond frustrating. Trying not to get thinking about how I could have done nothing at all and still be the same amount out of pocket.... I could have saved the £240 for the clean and £10 I paid the movers to do the lightbulbs for a start.

Yes that will be my first thing to do tomorrow, find out who held the deposit. Really not looking forward to contacting the EA again, things went really downhill when I told them why I was moving, and as I had to be there for the viewings. The one who came to take the pictures for the advert was 4 hours late and was annoyed I couldn't open my curtains for it. Actually dreading talking to them again but I think I have to

If you go to the Tenancy Deposit Scheme website, you can fill in your tenancy details to see if your deposit had been protected.

Fight this all the way!

Ok thanks all for this. I've found my info on mydeposits.co.uk so it appears covered. So now I need to get in touch with them and start disputing I think.

Thanks again everyone for this, it's reducing that terrible panic feeling. This whole move has been terrible start to finish, it's a huge step back in my life all because of my health. I want it all behind me but financially it can't be until I've paid off the money I borrowed.

Hi lovey, me again, sorry - had to get the rugrats asleep. Okay...so the first link I posted you will find a link within that to "my deposits".
Click on that and as far as I can tell, you can do everything online.
The caveat is that LL has to agree to use them for mediating or it goes to court but once a dispute is filed, they won't pay out to the agents. They do ask for things I would not myself necessarily have ie a copy of a letter officially requesting my deposit back. It's been a while since I rented in the UK, I might have mentioned deposit in my notice to quit letters, can't remember! I am being scatty, it's probably a sentence like " I look forward to receiving my deposit in full" that goes in towards the end. If you did do that, then you scan them your notice to quit letter, plus the £240 cleaning invoice you paid, plus any copies of inspections you had plus the original inventory (I have never paid £200 for an inventory by the way...I think it must be the first week's rent you pay an agent that covers admin, contracts, the inventory and the credit check? Good business if you can get it eh?) Plus the new inventory. Plus the faults they are claiming for.
I would point out there are discrepancies between the two inventories plus the issue of wear and tear/lack of maintenance by LL re floor in any case plus any visits to your home re maintenance/smoke alarms. I would take the copious list of detailed "flaws" with a reason saying why you dispute each.
eg was in that state when moved in on x date
eg LL was aware of defect smoke alarm hence they installed one adjacent on x date

The photo of the floor does not indicate to me more than replacing one plank and if that uncovers >problems I still think LL is accountable for that. Come back if you need a hand hold.
When you move again, do make sure in the walk around that whoever is doing it writes down any damage you can see that might not be mentioned. Plus take photos.

I do have sympathy. I will be in your shoes soon as the place I am renting had a similarly detailed inventory but the faults they mentioned they have never fixed so the wear upon that tear has got worse over time. I expect to lose a similar sized deposit but only because we have to repaint/resand and varnish on leaving and I think the cost of that will be the same as the deposit. Hence I understand your frustration at having played fair with the deep clean to end up with nothing. I think if you submit a dispute you have a chance of getting a decent amount back: I cannot believe they will take moving a bin or a dusty mirror seriously.
Post a pic of the door if you want a second opinion.
If you did not mention your deposit in your notice to quit then I would email the agent along the lines of: having moved out on x date I wish to confirm that I am expecting my deposit back in full by bank transfer/cheque/in cash on collection from your office within the next ten days from receipt of this e mail. I understand from your letter dated x that you believe there are costs to be taken from the deposit. Please note I do not accept any liability for those costs and as stated, expect the return of my deposit by 31st March 2017.
Please confirm receipt of this letter via electronic mail by close of day today, 21st March, or I will be required to take the matter further in the form of a dispute. Yours sincerely...
(Obviously you do not need to send this if you have evidence you have already asked for it back. In that case, just scan that, deal with "my deposits" directly and only contact letting agent to confirm all communications from them to go to you by electronic mail as you have submitted a dispute).

Hope that makes sense.
Chin up sweetheart.

A record of condition is an interesting one by the way. I better ask my agent if my home has one. Not sure whether the inventory with all its detail counts as that or not. Maybe pp can confirm.
Were both inventories signed by you as being accurate? Were they done by the same company?
I think squabbling over where you left a bog roll holder is laughable.
Without your own photos, they may get you on
the floor, the door as main issues
the filled hole, window bracket as minor
but it has to be unreasonable and they cannot claim for whole new. Do it all online if you can. I believe you have three months from leaving premises but I'd do it as soon as you can even though I appreciate it is stress you don't need.

Definitely dispute with deposit protection agency. We had similar, LL tried to say we had cause X amount of damage and only offered half our deposit back. It was nonsense and we disputed. This was a while ago, 7 years maybe, and we had to fill in hard copy forms detailing our story and attaching any relevant documentation - receipts, checking in inventory etc. I'd imagine this is all done online now.

It was his own inventory report that proved most of what he was saying was bollocks and anything else was considered fair wear and tear. We had also noted on the forms we sent that the 'evidence' he had submitted were invoices from his own bathroom & kitchen business to himself which seemed extremely off.

We got every penny of our deposit back. We were very angry about the whole thing as it took a few months to sort out. Still am when I think about it!

Unfortunately I didn't mention the deposit when I gave notice. I don't think I even did anything in writing, was all in calls.

I'm not sure how I'm going to prove nothing they mention is due to me, and especially how I did no damage at all. All of the things they mention like a filled hole in the wall is all stuff that was already there but not in the first inventory.... I don't have a leg to stand on. I did no damage whatsoever, changed nothing, didn't put up pictures or paint or anything at all. For exactly this reason, for the deposit! Seems no amount of care is good enough.

The door I mention, it apparently has a loose handle. Lived there 3 years never noticed a loose handle, felt normal, worked fine. How do I dispute something like that, no photo can take in a loose handle that just doesn't exist.

Thanks all, once again, for commenting, feeling a little less alone tonight. Tomorrow I start arguing my corner and I just hope this doesn't break me down.

Don't be defeated, even if you cannot prove some of the items were not pre existing I still cannot fathom repairs coming close to £1600.
They have to prove costs they are claiming, including replacing a door handle or screwing it in.
Mediator will deem what is reasonable.
Do keep and send their list with your rebuttals. It will show how petty and exploitative they are being.
Tomorrow is the 21st. Email the agent with what I put above. That is then your evidence you asked for your deposit back. At 17.30 if they do not get back to you with a revised amount /or confirming a full refund, contact "my deposits" to sort it for you.

That is absolutely bollocks. I've just moved put a rented place that was 399 a month and deposit was that too. I paid for a clean which was £40. And carpets cleaned which was £30. I left all the extra stuff I'd bought that fitted with the colour schemes. I ruined a tv unit by putting cello tape on it (pics up for a party) I apologised and offered to buy a new one and got told since I'd been there 9ish years it was all fine and I'd looked after it well and minor things didn't matter. Got full deposit back and she got me a card and a present.

Your LL sounds like a prize arse.

A loose handle is wear and tear. You could have phoned them when you lived there and got them out to fix that. Unless you have been hanging off the handles by your ankles then I doubt normal use would cause anything costing more and a fiver to fix.

As I say, 3 years there never thought the handle was in any way loose. News to me. I went to so much trouble to keep the place perfect, had I thought the handle was loose I'd have got someone to sort it.

I'm kinda swinging between misery and surely I can get some money back. 3 years ago I was fine paying the deposit and £1200 per month rent, I had a really well paying job and could afford to do so. Worked very long hours, very active, I needed somewhere close to work and it was actually cheaper than the one bed I moved there from! Thankfully now I'm in a place that seems far more human, the previous tenant is also disabled and was here 9 years. Only moved downstairs due to health, kept the same landlord!

I'm wondering if they are judging me due to my disability. I've lost the ability to exercise, barely able to move, can't cook. Gained a hell of a lot of weight and people treat you differently.

^ Please don't think like that. Some agents and LL will still and try to push their luck. That's why deposit protection was introduced in the first place. My dp was scammed when he was younger, the LL had form for it. You can and should fight this.

You should fight this and will be successful - the onus of proof is on the LL to prove you causes damage - not on you that you didn't. Through the dispute resolution scheme the LL will have to submit evidence of costs (eg invoices, photos, explanations etc) and then you submit a reply (with your own photos/explanation). I didn't have any photos when I refuted my LL's claims and they still found in favour of me as the LL failed to prove that the problem with the drain wasn't pre-existing (he only had a recent photo and none from the originally inventory).
I would wait for them to submit their evidence and then reply (if you like I can help you with this - took many a letting agent to small claims court before the new laws about deposit holding schemes came in and have always been successful). Good luck, having no money is soul destroying and I am so lucky to have my own house now. If I can help you I will.

Lots of good advice here. Your parents are talking out of their arses BTW, rachmann has been dead sixty years and deposit protection came in 10 years ago for precisely your kind of case.

The deposit is your money and it is for the landlord ( not the agent) to provide damage, not wear and tear. Everything you list is wear and tear. Even if you had damaged something, landlord doesn't get full replacement cost. Things in a rental are assumed valueless in five to eight years.

Raise dispute - plenty of guidance available. Don't worry.

( I am an evil bastard landlord BTW)

I spent the morning calling through about 8 different numbers to reach the person I was supposed to, then composing a 6 page email covering every single issue raised by the EA. I'm the first person to stand up and admit a fault but I truly think I looked after this place really well. This is so frustrating. I'll keep updating!

Good luck OP. It sounds stressful.

BTW I can't get over the fact that the removal men let you pay them to change the bulbs. What meanies

Was thinking of you earlier. In a non creepy way. Hope you are OK.

God luck. I also had a dispute that the deposit scheme found in my favour (as a tenant). I am so glad I could hold off and I didn't need a reference. I didn't just accept their original 'offer'. Dicks.

Well after a week of waiting I finally have an update! I got an email-

'I have heard back from your landlord and she has considered all the points that you raised and is happy to return your deposit minus the following deductions:-

Check out fee - £120
Deductions - £105
Total deposit you will receive back - £1430'

Does anyone have any advice again? I got some good advice before. Should I just accept this as a partial win or try and contest? I had no idea there was a checkout fee, I paid about £400 fees to move in and £120 for the inventory, plus £200 each year i was there to renew the lease. Is this contestable?

Plus it doesn't state what the £105 is for, its like they pulled a figure out of thin air. Do I have a leg to stand on asking what they are charging £105 for? Maybe moving the loo roll holder from a cupboard to the bathroom....

I would still take this further, £105 deductions isn't as high as before but you still need to see proof of receipt. I've no idea what a checking fee is and I would also ask for that to be explained.

Hi thanks since I posted this I went through my original lease, no mention of a check out fee but it is mentioned in a separate leaflet I got but haven't signed or anything. So I don't think I can contest that fee. I'm going to email asking for a breakdown of the £105 fee but I'm hoping this doesn't mean they decide to raise it.

I think if it's not in the lease and you haven't signed for that check out fee then dispute it. Maybe mentally write it off so you don't get stressed about it but definitely email back and fight it a bit more. Bit £1400 back at least is great news.

Nope - if you haven't found it in the tenancy agreement then you don't pay it. Same with the £105. Fuck them. My last letting agent did that - added a random £140 charge, when I asked what for they claimed it was an error and took it off. They are fucking chancers and they have no right to your money. Do not let them steal from you just because it's less than they were first proposing to steal!

YOure laughing now by the way as they have said in writing they are returning the £1400 so can't go back on that now