Landlord saying house filthy after we moved out. Fuming!

[HolidayArmadillo]

We've recently moved out of a rented property because the landlord wanted to sell up. We found another property and moved out ASAP as we recognise it's his property to do as he wishes and had no desire to cause problems. This is actually the second time we had lived in the property as he did the same previously and came knocking on our door later down the line saying he couldn't sell and would we like to rent it again. Anyway.

We moved out last week and he had not contacted us about returning the deposit (not protected, found out potential implications of this recently) I pushed him on Wednesday and again today, he contacted me this evening saying he had visited the property briefly and said it was, and I quote 'filthy' and require 'professional cleaners' when pushed for examples he said their was brown mould type substance in the silver creases of the upvc windows, he did not cite any other examples.

The day of moving we scrubbed the house as did my mother and mil, in the days leading up I steam cleaned virtually all surfaces (mumsnet karcher tester!) and would genuinely say the place was clean. Not professionally clean but high standard normal clean. Tenancy agreement does not state it had to be professionally cleaned on departure (and it wasn't last time we moved out). There was some mould on a wall behind a cupboard but the house was cold, poorly ventilated and badly heated.

I'm going to view the house with the landlord but want to know how you would proceed. I'm furious.

If he hasnt protected the deposit, hes fucked anyway as hes legally obliged to. You win any dispute over it automatically.p

If he hasn't protected the deposit you definitely will be awarded it all back, in fact up to 3 time the deposit is the likely fine to the landlord.

He has to protect it within 30 days of getting it. Only way out is if you are on a periodic tenancy that started before 2007.

deposit not protected - you sue him. Tell him that before you meet him and ask how he wants to proceed.

and even if it was protected, he'd have to prove all this.

I don't think he has the money to give us back so he is scrabbling about for anything to avoid it. I'm so upset. To be called filthy is awful.

Don't take it personally, Holiday it is no reflection on you, he is just trying it on. As many landlords do try to, sadly.

I wouldn't bother going to this meeting of his. I'd be spending that time taking legal advice, including investigating how to put a charge on the house when it sells, if the so-and-so "can't" pay.

What a weasel!

Definitely look into getting a charge on the house. Just the threat of it may make him back down.

Sorry, I should have specified that the charge on his house was a possible solution to his lack of ready cash to repay your deposit (plus fine, if applicable).

Take him to small claims for the deposit x 3.

Call Shelter's helpline and get legal advice.

Holiday - take him to small claims court immediately. Our landlord didn't protect our deposit then the house got repossessed and they scarpered with pretty much all our savings. We can't now track them down to sue them, so if you think there's a likelihood that he'll move then act quickly.

Thank you for the advice, I'll call shelter definitely. I honestly bloody cleaned that house until it sparkled, there may well be mould in the windows but it was so badly heated and ventilated it's unsurprising.

I know how it feels to be called filthy as my landlord did the same. I was fuming

Regardless, none of this matters. You win. He didn't protect the deposit. Feet up. Relax. Laugh at his twatishness and be glad you have a new landlord

I'd go with him and use the opportunity to take pictures around the house to show what it's like. I always did this when renting. I would take pics of any marks/damage on the day I moved in, send to landlord as an FYI on email and save the email. Then i did the same when I moved out so there could be no dispute with me getting the deposit back.
It paid off when I was a student and a landlord tried to claim I'd burnt the carpet. I quickly forwarded him the email i had send when I moved in 12 months before highlighting the burn. I got deposit back but no apology for trying it on

Is it purely the not protecting of the deposit that will result in it being returned to me or do I need to prove I haven't left the place in a state as well?

From what I've been told if the deposit isn't secured, all bets are off. No need to prove anything.

If a Landlord or Agent fails to comply with the deposit legislation they maybe ordered by the courts to return or protect the deposit AND ALSO pay the Tenant NO LESS than one times the value of deposit BUT NO MORE THAN than three times the deposit value, further penalties may include being unable to serve a Section 21 Notice, until the deposit breach has been remedied.

Copied and lasted from www.pims.co.uk/Tenants-Deposits

Sorry no advice but this happened to a friend of mine , her house was sprakling clean ..I saw it when she was finished sweating over it , had never seen such a clean house and the landlord did the same thing to her. Think he ended up giving her the deposit back when she complained , was trying it on apparently.

Should I go on Sunday to try and take photos? I am loathe to go and be patronised by him and his wife pointing out what I've done well and what I've left 'filthy'.

I personally wouldn't go to the meeting, because it's pointless getting into any further arguments about the state of the property with him - I'd send him a completely unemotional email informing him that you consider the property to have been left in a good state, that the tenancy agreement doesn't mention a professional clean, and that if you don't receive the money you'll be taking legal advice as the deposit wasn't protected. Here's the steps you can take:

www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

I agree - don't go to the meeting. Just focus on the lack of deposit protection which is cut and dried. Not doing this puts the landlord utterly on the back foot and how you left the property becomes irrelevant. Not that it sounds an issue.

don't get into any arguments. Rise above being called 'filthy' although it is unpleasant (I had it from a tenant for equally unjustified reasons). This tells you the kind of person you are dealing with when they don't get their own way.

notes for next time:

• ask about deposit protection measures before signing up.
• if the property has gas appliances, ask to see the current gas cert BEFORE signing. Any fudging on either of these, walk away.
• take photos before and after (a proper inventory should really be done)
• heating and ventilating a property is the responsibility of the tenant, using the provided facilities. If the property is not heatable and 'ventilatable', don't rent it.

So if I go to court it's purely about the fact the deposit isn't protected? I'm not defending my cleanliness levels so photos aren't required?

I think so (check with an expert for real, Shelter?)

photos are always a good idea but if that means you going back to the property now...hmm, not sure. I would certainly take someone with you. That said, I can't see him smearing the place with muck just to try and get back the deposit that he hasn't protected.

It sounds like he hasn't done a proper checkout, when did your tenancy technically end? What did the inventory state about the condition of each item in the property?

He's on a complete hiding to nothing as the others have said. The deposit is not protected and he is at fault. However, you should always take photos upon arrival and departure from a property, but in this case no way would I go back just to get them.

We signed an 18 month contract to commence the 1st July 2011, we then signed another 12 month contract in December 2012 (I never received a copy of this) and then went on to a periodic rolling tenancy thingy in dec 2013. He contacted us in march 2014 saying he wanted to sell the property, he did not serve a section 21 (he assumed we would purchase the property), wanting us to stay in the property paying his mortgage until it sold. Having been here with him once before I wasn't prepared to do viewings etc and instead immediately found another property to live in. I gave him one months notice instead and moved into a new property on the 1st May. He was on holiday when we moved out and requested we left the keys with a neighbour, which we did. He has since visited the property this week and come back to me with the above.