Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Original poster

Deductions from tenancy deposit - advice needed

123 replies

ASuitableGirl · 13/04/2015 07:38

I have moved out of my rented house although tenancy has not yet ended (will end on Friday 17th April). Have been there almost 5 years. Whilst I was still living there the letting agent and landlord came round and I was told it would be completely redecorated once I had left.

Letting agent went there on 2nd April with the contractors to discuss what is needed. I was called on 9th April and told that of my £925 deposit, £900 is going to be kept. This is due to grease marks from having used blue tack. The total cost of redecorating is £1,700. I have been told it is unfair for the landlord to pay for my damage.

I realise I shouldn't have used it (never will again) but feel the charge is disproportionate. Have spoken to shelter who agree the amount does seem large. Having looked at various websites, it seems that the deposit can be taken where landlord has suffered costs they would not have otherwise incurred and so I have asked for a breakdown of how the £900 is made up.

I have been summonsed to a meeting at the old house on Tuesday with the letting agent so I can be shown the marks. I have been in over the weekend and used various methods I have read about and feel it is now in better condition than it was but am worried about this meeting.

The contractors are coming in on Wednesday with my check out on Friday so I am uncertain whether the letting agent is going to count the condition as being on 2nd April, 14th April or 17th April (when I expect some marks will have been painted over?) as the condition at check out. I have done a thorough clean as I was told this had to be done before the contractors came but once they have started I am unsure how I can make sure it is spotless.

I am going to take photos showing the condition tomorrow and going to be firm that I need to see the precise breakdown. And will also not sign anything agreeing to the deductions tomorrow.

I feel the date of checkout seems a slightly grey area. When I was told a few weeks ago that the contractors were likely to start work earlier I said that if I had checked out sooner than the 17th April that I would be looking to get some of the rent back. I am slightly concerned mentioning this means they are being harsh with the deductions.

If there has been an additional cost of £900 that is what should he thane but I honestly don't feel it should be that much.

Any advice greatfully received.

OP posts:
Haggisfish · 13/04/2015 07:41

Your deposit should be held in an independent account and you can appeal against any deductions.

mousmous · 13/04/2015 07:42

have you had a detailed inventory when you moved in?
photos from the empty flat?
is the deposit in the proper scheme? if yes just claim it back .

wrt contractors, don't let them in to do work before end of tennancy.

Haggisfish · 13/04/2015 07:44

As a rough rule of thumb, wear and year decreases by 20%a year, so after five years, with no redecoration during that time, they will be unlikely to claim Anythjng back for redecoration actually.

Psipsina · 13/04/2015 07:47

Look on the shelter website too, decorating is considered to be something they should do once every 5-6 years so this is unreasonable and they cannot charge you for it.

Refuse to agree to this and do whatever you can to get your money back.

Sounds like a right con. Good luck.

Original poster
ASuitableGirl · 13/04/2015 07:47

The deposit is protected and I will be going through the dispute procedure.

How can I stop the contractors going in? The letting agents have a key (have probably given the contractors one) and I don't think I can physically prevent them going in.

I will take photos either today or tomorrow - am concerned letting agent will use photos from the 2nd as checkout photos but will date stamp mine and potentially use a newspaper from today in the pictures.

OP posts:
ItsADinosaur · 13/04/2015 07:48

Is your deposit in the protection scheme as legally it has to be. They can't just keep back the money, it had to be agreed. If your deposit isn't then you can take them to court and claim 3 x the deposit as far as I'm aware.

Original poster
ASuitableGirl · 13/04/2015 07:48

I have spoken to Shelter who couldn't really say much but pointed out how to take next steps.

I am worried I will cry tomorrow when I am being berated by the letting agent :(

OP posts:
Psipsina · 13/04/2015 07:50

Much sympathy, it is a nightmare. The stress of renting is awful especially if the agents behave like c*nts.

Photos is a good idea.

Haggisfish · 13/04/2015 07:52

Oh don't cry-honestly they can't just take the money if it's in the protected scheme. Definitely take photos-these will help greatly when stating your case. Do you have photos from start of tenancy or an inventory?

Original poster
ASuitableGirl · 13/04/2015 07:53

They have been horrible to deal with throughout and I suspected there would be deductions from the deposit but I honestly didn't expect this much. At least I know I will never rent from them again.

OP posts:
Haggisfish · 13/04/2015 07:54

Just say umhmm and state that you will be disputing this through the arbitration scheme.

Haggisfish · 13/04/2015 07:54

It's a very straightforward process.

Original poster
ASuitableGirl · 13/04/2015 07:55

I have the inventory (which mentions scuffed walls at start of tenancy so proves wasn't freshly painted then and so is greater than 5 years). Sadly no photos from then but tbh the marks are my fault. Just don't think £900 worth.

OP posts:
Original poster
ASuitableGirl · 13/04/2015 07:55

I am practising my nonchalant voice Grin

OP posts:
ItsADinosaur · 13/04/2015 07:57

X posted.

Psipsina · 13/04/2015 07:58

It needs decorating and they are trying to get you to roll over and sub them for half of this cost. They are arseholes of the highest order.

Don't stand for a second of it. Your blu tack hasn't made a ha'porth of difference, they would have had to do it anyway.

This is so very common and so very wrong. They just hope that maybe 50% of their tenants will not know they can fight it.

ItsADinosaur · 13/04/2015 07:58

They cannot keep £900 due to Blu tack?

mousmous · 13/04/2015 08:00

pragmatically, change the barrel of the lock.
very easy and cheap and you can just as easilychange it back for handover.

EhricLovesTheBhrothers · 13/04/2015 08:03

The longer you are there the less they can take towards that sort of thing, they cannot take 100% of the cost and they are trying it on.
If the house needs re painting that is their responsibility and I wouldn't be accepting any of the cost. After 5 + years paint will be shabby, that's wear and tear.
Stick to your guns. Tell them that you will challenge any deduction for paint and given the original condition and the length of time you have been there they are unlikely to be successful.

wowfudge · 13/04/2015 08:03

The agent cannot have it all ways. If their contractors go in early they must refund you the rent for the days you have paid for but can't now have quiet enjoyment of the place for, i.e. when the contractors are there and you must agree to this. It matters not one jot that you have moved out - you are still entitled to be there unless an earlier end date to the tenancy is agreed.

On the redecoration - did the agent tell you the place was going to be completely redecorated when you moved out before or after they had seen the marks on the walls? Do you have this in writing? Can you at least state when you were informed of this and that the date is prior to their inspection?

From what you have written it sounds very much as though they are seeking to cover the costs they would have incurred anyway from your deposit. Write the agents a letter and make sure you send the LL a copy. They must either end the tenancy early or no work to be done until after the end date. Set out that you believe they are seeking to make unlawful deductions from your deposit.

Two other things to do: put the deposit scheme on notice that you believe they are trying to withhold your deposit to pay for redecoration and contact the council and tell them the date you left the property for council tax purposes if you haven't already done so.

About the marks: it will cost the price of a can or tin of stain block to cover over them before the topcoat of paint is put on.

Pangomonium · 13/04/2015 08:08

The burden of proof tends to fall on the LL in my experience, so if there are no photos from the Check-in/inventory that is bad for their case, not yours so not to worry Smile

We've dealt with some really horrible/spiteful/greedy/inept agents in our time and the dispute system is really helpful ended up halving the deductions (which was annoying as was for damage we hadn't caused but better than nothing!)

Loads of photos and sticking to the statement that it was already worn when you moved in and making sure you lodge the dispute within the allowed timeframe, our agents tried to deliberately drag out discussions til after the deadline, I think it was 30 days from end of tenancy you had to raise the dispute in, but might have changed so worth checking with the dispute service.

Good luck! I think you have a good argument for getting your deposit back so try not to let it upset you too much Smile

lottiegarbanzo · 13/04/2015 08:09

You need to clarify the check out date. It should be the last day of tenancy or day after. If they want to move it earlier, they need to state that and you agree to it. Would you prefer it to be the 14th? Tell them this suits you and you trust, given the decorators coming, that they are agreeable. Take notes and pictures at the time.

Your deposit must be protected. It remains yours. You claim it back from the DPS. Do that as soon as your tenancy ends. Your landlord has to dispute and prove their claim, if you don't agree with them. You will have an opportunity to out your side. The DPS decides what's reasonable. Your landlord will ask you to agree to their valuation of damage, as that's the simplest way for them to claim from your deposit. If you don't agree, don't.

Blu tac is awful and if you've used it throughout, every room will need decorating. Use picture hooks in future, the kind with tiny pins.

But, you can make the point that the landlord would probably want to redecorate after five years anyway. That's arguable and depends on condition overall. Reasonable wear and tear is expected. I'd argue that many bedrooms and hallways should be ok for up to ten years. A kitchen and living room might need decorating every five years, or less. Some landlords will paint between tenants as part of 'tidying' even after a year or two.

So, you're in a stronger position to argue reasonable wear and tear, blu tac aside, after five years than you would be after one.

lottiegarbanzo · 13/04/2015 08:18

Having read your update, their admitting scuffed walls to start is hugely in your favour. I doubt they'll get anything back.

You don't have to argue with them in person. Just listen, look interested, then say 'I don't agree. I will be claiming back my deposit in full. Goodbye.'

Remember, it's your money. They're the ones who have to make their case.

Do clarify the check out date. Tell them what you want and say they do agree, don't they? It can't possibly have happened already without their telling you. Ask for them to confirm the date in writing. Write to them yourself, confirming the phone conversation you're about to have.

LionessQueen · 13/04/2015 08:20

I've had something similar re mould. LL wanted half our deposit (£350) to fix. We offered £50. LL rejected and threatened to take us to court. We called their bluff and said ok and they soon backed down!
Stand your ground op, if they're going to try and take that much anyway you might as well fight for some of it- you won't come away any worse off!

Swipe left for the next trending thread