Deductions from tenancy deposit - advice needed

[ASuitableGirl]

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.

That is very kind of you - I'm just outside York (probably a long way away!) Hadn't thought of the use of the utilities tbh which is a fair point.

Wrong side of the Pennines I'm afraid. In your position I would write to the agents stating the facts and that they either end the tenancy earlier or the contractors wait until after the original date. State you want to be present at check out. Email and send it by Special Delivery to their office. Far easier if you find them confrontational to deal with.

Oh how I feel your pain. The letting agents for our last place were a bunch of shifty incompetent weasels...

The conservatory had a leak as noted on the inventory, with marks on the floor and the blinds - we didn't think much of it and then when the agent was showing round some new tenants on a wet day it was of course wet on the floor and all hell was let loose. We were accused of not letting them know about the leak on their last inspection (which was in the summer) blah, blah, blah. They wanted to get someone in to look at it whilst we were in the middle of moving about and before the end of our tenancy agreement by about 3 days. I said that it wasn't convenient and since it had been leaking for the 18 months that we'd been there, another couple of days surely wasn't an issue. At which point she said "well if you don't let the workman in, you will be liable for any damage that we find". I asked her if she was threatening me at which point she went quiet and said "oh no, it's just that you are responsible for it if we can't get to it". So I quoted the inventory at her and funnily enough she backed down.

On checkout day the girl noted whether every single bulb was working and was about to write that the cooker extractor fan and bulb were broken when I switched them on at the mains for her...."oh, it shouldn't have been off" - so I read their instructions for checkout which specifically said "all appliances to be switched off where possible". They were very insistent that we didn't need to be there for the checkout, I'm afraid we followed them round with the camera, pen and paper as we didn't trust them an inch. The house was a damn sight cleaner when we moved out but it counted for absolutely nothing in their eyes.

I know that doesn't help you, but it shows you are not alone in having to deal with less than scrupulous agents. The agent we used was meant to be at the higher end of the market and swanked about in fancy tweed jackets and liveried cars - I wouldn't touch them with a bargepole ever again. Our current landlords do it all themselves and are absolutely lovely, they have restored my faith in the rental process again.

Had the preliminary meeting with them this morning - was pretty much as expected although I was pleased that I didn't cry. I will say more later but did involve me telling her not to raise her voice at me

very proud of you!

Do Letting agents often say you don't have to be there at checkout? Ours tried that. Over my dead body, they were crap!
(could have been my dead body actually, we had a gas leak early on due to a badly fitted illegal cooker hose...)

And good on you OP!

I don't know Bod, they seemed quite happy to go ahead without us and kept saying "there's no need for you to be there" which made me very suspicious and I'm damned glad I was there, hanging over her shoulder and questioning everything she tapped into her IPAD (told you they thought they were high class!). There was no way on earth I wasn't going to be there!

Well done op. Do update is more!

having equipped my rental with a full set (£100-worth) of low-energy bulbs, I would expect an agent to check they were all there and all working at the end. (Obv not necessarily the same bulbs, just the same type - although they should last). Replacing bulbs is the responsibility of tenants, although naturally the tenancy should start with all of them working.

learnt that one when checkout clerks didn't bother and we found most of the bulbs dead. That would have been a bit crap if new tenants had been moving in.

but if a leak was noted on check-in and then never fixed, that is unacceptable from the landlord.

Do you have proof of them going into YOUR home before check out?

If so they have VOIDED your check out.

The inventory already stated that walls were marked so therefore the property was not freshly decorated for you. You are entitled to LIVE in a property. Which includes the odd mark and scuff through reasobable use.

Your LL has done you a favour if they let contractors in. Sit calmly and quietly and inform them that you will dispute any charges as the checkout has been voided by their entry before checkout.

And yes, I used to be an inventory clerk.

I am in the old house again to do some more cleaning. Today at the pre checkout inspection I was told off for various things, including having improved how the walls were compared with when she came round on 2nd April. Would almost be funny if it were happening to someone else.....

Contractor has been downgraded to a workman now . And she contradicted herself saying he is coming to do "bits and pieces" from tomorrow coupled with saying that they couldn't start anything until I'd agreed to the deductions. Could take a while....

There is one I agree with, where the cat (sadly no longer with us) had her litter tray she missed sometimes and some wood has rotted away and needs to be replaced. So the £900 was not all blue tack. But it was just an estimate and the landlord hadn't been told yet. So I just repeated I needed to see the itemised breakdown.

She was also insistent I had to contribute to the redecoration (which she agreed was going to be done whatever) whereas I said I needed to see the additional cost to the landlord due to anything I had done.

And for the last instalment (for now) she went through all items in the kitchen. Producing items such as the photo showing a hair in the washing machine. I hope it shows up here. I was told "it just needs a little more work Suitable" in a very patronising voice.

Whatever they come back with then raise a dispute. Only the amount they want to take from your deposit is held until the dispute is resolved so if they say the costs to make good are £500 and you don't agree then then £500 is disputed and you must get the other £450 back with no delays (can't remember what the timescales are).

Oh I will be disputing. She said I would get an itemised bill within 10 working days (so 1st May). My deposit scheme says I have to show I have attempted negotiation so I will do but I will make a dispute. Have looked and I can make it online.

I presume I can only do that once I have the itemised "billing"?

Agree to nothing!

That deposit money is YOURS

To get it, LL has to prove they have lost money as a result of your damage.

They are supposed to decorate very 7 years. The inventory States clear wear and tear at check in. You've been there 5 years.

As long as the house is still standing, pretty much you're in the clear.

Let her try to prove they are entitled to TAKE YOUR MONEY.

Yes you need to wait to see what they are claiming for and you can then get in contact with them and make a record if what was said (showing negotiation) and then start a dispute if they are still unreasonable.

Oh what a cow! I am proud of you staying so calm and sensible, no doubt they will rustle up some inflated itemised charges for you, but they now know you won't roll over. Assholes

the cat damage is down to you, although again it may be pro-rated. The work needed there will be of far more importance to the landlord than a hair in the washing machine!! This agent does seem to be making it up as she goes along which is not good.

get in touch with your deposit scheme today and find out what you need to do when.

Thank you everyone. Have looked at my deposit protection scheme and you submit it online but have to show you have negotiated first.

I have a question about dry cleaning of curtains - two pairs do need dry cleaning which I didn't do so know I will be charged. I have found prices online through Johnsons - would I be able to show it could have been done for that price or do I need to take the price they quote? I'm not sure when it will be done although suspect not straight away. Should i mention the cost I've found on Friday to the friendly letting agent?

Good news for me is that letting agent is going on holiday on Saturday. She said she was disappointed she wouldn't be able to see the whole thing through. I managed to contain my own sense of obvious bitter disappointment at this fact.

Have you taken photographs of the gas and electricity meters? Take them now as I imagine the contractors will want water, heating and lighting. Are the agents expecting you to pay for this? They cannot legally enforce the contractors going in without your permission during your tenancy unless the work is if an urgent nature.

And wow, just wow, at telling you off for improving the walls!!!! 95% of tenants will spend the last week of their tenancy cleaning and tidying and making good any little marks. That is one if the most ridiculous thing I've ever heard. They cannot use evidence gleamed from an earlier visit if the issue has been fixed or improved before the end of the tenancy.

We have rented many times due to frequent job relocations. We have also rented our (various) home(s) out 4 times and are currently renting out another family property. Over the last few days I have read extensively and sought advice on lots of this stuff. Your agent is behaving appallingly. You are certainly liable for curtain dry cleaning assuming they were freshly cleaned when you moved in or if they are much dirtier. You are also liable for any floor damage caused by your cat (although after 5yrs floors are subject to W&T too) 5yrs after renting a property with already scuffed walls means that that is a cost that must be borne by the landlord.
Don't let the contractors in. Put it in writing that you object due to pursuing a dispute over the suggested deductions. Do not agree to any deductions.

And Lavander. There was a clear conflict of interest in your case and you should have sought legal advice. How can 2 people from the same company involved in the dispute possibly be allowed to sit on a supposed impartial panel.

you have not yet checked out - that is on Friday - so get the curtains cleaned now.