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.

Special - I wasn't complaining so much that she was checking the bulbs, I do get that if lots aren't working then it's an expense and a pain. It was just that they hadn't done it on check in so it seemed a bit one sided! As first time renters (at least of a proper grown up house) we were possibly a little naive and just assumed it was one of those things. When she tried to sting us on checkout we queried it, and she conceded that we shouldn't have to pay for them all. My point really is that whatever you do, don't leave them to it at checkout.

The problem for us was that we had to fight for everything that needed repairing (burst pipe, windows jammed shut, broken gate, dangerous gas fireplace that we were promised would be repaired and never was, just cut off) that all the tiny things that I would normally let go became a major issue, hence my bitterness even after 18 months in a fab place with a great landlord!

if lights etc are not 'Tested and Working' on check IN - you can't be charged for them at check out.

it is that simple.

You are not there to BETTER a LL home.

If a property is deemed as professionally cleaned on the inventory, you can ask to see receipts I believe. If a property is cleaned professionally (not BY THE LANDLORD WHO SAYS THEY HAVE CLEANED TO A PROFESSIONAL STANDARD) this is the standard you are supposed to be held to.

Use the inventory as a benchmark for your check out.

So if areas of the house were said to be "clean" on the inventory does this mean that the letting agent saying they were immaculate (not really sure what the difference is) can't be held to? Am sure I will be charged for cleaning but will dispute it.

Will go over there at some point later on and see what if anything has been done by the workman. I did take meter readings yesterday but doubt I'd get anywhere trying to argue anything. Feel a bit downtrodden today but will try and perk up for Friday (plus I need to do more hoovering and cleaning)

the inventory is what the Deposit people will look at. they will request cleaning receipts if the LL says it's professionally cleaned if you challenge it.

the LA can say what they like - only the inventory will be taken as the standard. Have the curtains cleaned, get a receipt and put them back up. return the house in the condition in which you got it, with some room for wear and tear. Immaculate is subjective - they can't measure that.

Have now been over to the old house. Decorator has started decorating (some paint has gone on walls etc), paint pots and other decorating items all over work surfaces and floor in the kitchen. Curtains have been taken down (not sure where the ones from one of the rooms are). Light fittings moved so ceilings can be painted.

I'm not sure what I should do next. I can't really carry on cleaning in the kitchen due to the things in there. I have taken photos and have photos showing how it was yesterday. And a time date stamp on the photos.

How long does it take to dry clean curtains? Check out is at 11am on Friday so I think I am scuppered on that. And although I can't clean the floor I am worried I will be criticised for not having cleaned it.

Am worried all my being strong was only yesterday and that I'm going to fail on Friday.

Can anyone advise me what I could/should do now? Doesn't help that DP is away until later on on Friday.

The letting agent did vaguely say yesterday I could have the check out then (although she didn't have the opening inventory with her) but I knew she was going to complain about different parts of the house so I felt it would be better to wait. And I was too scared to say the contractors couldn't come in. Am worried I've scuppered myself by not being assertive enough :(

Was feeling pleased with myself yesterday but now feel despondent again. Will call Shelter tomorrow and may phone the letting agent and ask how the check out will work with a decorator in situ.

Right, you need to stand up for yourself a bit here. You say you've taken meter readings. Did you photograph the meters and email to yourself? Written numbers on a scrap of paper mean nothing. Why didn't you tell them that they couldn't paint until you had checked out? How are you expected to clean? Send an email now saying you have cleaners lined up to give a professional exit clean before your legal check out on fri. They are coming tomorrow. You expect them to he able to clean and then you expect a check out at the appropriate time on fri. You take pics on fri. You have not yet checked out. You are liable for the condition of the property when you check out on fri. They have shot themselves in the hour by taking pics and decorating before you have had your am final week to clean and hand back.
I have never heard of anything like this either as a tenant or landlord. We have always moved out one or two days before the exit day. We then get cleaners in on that last day. I have only ever lost £10 for a paper lampshade I didn't notice had a hole in it.
Get photo evidence of meter readings, walks and floors. Email to yourself, dp and the agency for date proof. Ask the agency his you are expected to perform an exit clean. Do not phone and ask, email and say you expect your check out to be performed on the last day of your tenancy. Tell the agent that you have spoken to both cab and shelter and that you have a right to live peacefully until fri and a right to use the time until fri to clean the house for check out. Be polite and firm. Ask for an answer today re cleaners tomorrow. Do it now. Phone now as 5pm and say you are following up with email.

I know I need to stand up for myself here.

Meter readings have been photographed and have time and date stamps on. The letting agent said he was just going to come in and do bits and pieces and I stupidly believed her. The place is clean but just not the final clean and should I actually be getting professional cleaners in? They haven't taken any pictures or at least if they have they were on 2nd April and I have photos from Monday and Tuesday this week.

I know I sound pathetic and I wouldn't blame anyone for washing their hands of me but I am not going to phone now as I am worried I would burst into tears, which wouldn't help my cause. I am too intimidated by the letting agents to have said the decorator couldn't come and to say that he should go away tomorrow. I do have photos of what the house looks like now and many of how it looked earlier this week.

write an email to la, ll and yourself.
say that you have not agreed to workpeople to start work in your home before checkout and that they are in breach of their contract 'quiet enjoyment of home' therefore you expect the deposit to be returned in full.

I would stop worrying so much. You have done a good job of cleaning, keep everything in writing - do not call them - email.

Be really thorough in what you have done and how you are intending to sort out the rest. Be really on the case. They won't be as bothered as you and now they have the tosher in they really won't care.

All you can do is dispute the deposit thing, provide photo evidence, stick to the facts.

If it was reasonably clean when you started living here, it has only to be the same when you leave.

Mine was a pit yet I scrubbed it when I left, and sent them a photo of when we moved in just for a kick up the arse and we got all our deposit back.

OP - write to them; just email them and post them a copy of your email as back up. We keep telling you to put things in writing precisely so you don't have to speak to them and you also have a record of what has been stated.

How can a proper check out be carried out - and how can you clean the curtains - when everything is in uproar because the decorator is there?

Just tell them your right to quiet enjoyment had been infringed. You have not given permission for their contractor to enter the property before the tenancy end date and you have been intimidated by their handling of matters to date.

Any check out they now attempt is null and void for the reasons stated and you expect your deposit to be returned to you in full as soon as possible.

Have you still got keys?

Yes, email now saying all that.

1. You didn't agree to contractor going in before end of tenancy.
2. check out has been compromised by contractor going in and changing things. State that you are aware they visited earlier this month but that you did not, as is your legal right, agree to that being your official check out. You expected to have these 2wks at the end if the tenancy to clean and tidy the property.

• it doesn't matter that you may not have had the curtains done. State in email that you intended to have them done this week.
• it doesn't matter if you hadn't intended to get a professional clean done. State it was your intention to have this done this week. After emailing, phone a couple and ask for quotes to compare to any quote they give you.
• attach the photos you took today of the paint etc. ask a direct question as to how you are expected to clean for final check out? Ask this directly. Their answer will undoubtedly help you when you dispute the deposit loss.

Just remember that they have infringed the contract. They are in the wrong. Make sure the email states clearly 3 things,

1. that you did not agree to an early check out. You agreed to the possibility if the ll gave rent rebate for you leaving early. They did not.
2. that you did not agree to a contractor coming in to decorate before the end if your tenancy.
3. that you are hindered in your efforts to do a final clean due to contractor.

Also take new photos of meter readings on fri morning. If they've gone up, this can only be due to the contractors and will help your case at dispute.

Write it all down in bullet points to help with your dispute. Don't forget to state clearly that the walks were described as scuffed when you moved in 5yrs ago. You are not responsible for £900 worth of blu tac marks. Stop getting upset and calmly deal with these bastards!

Stop everything now. The check out has been compromised and you are in the clear.

You have period that the ll has taken back possession of the property without carrying out a proper check out
I had to abort a checkout because of similar

Even if you had ripped out kitchen and pooed in the living room, there is nothing ll can claim for as they can't be sure of who did whAt.
An end of tenancy is like a forensic crime scene. If contaminated there is no possibility o establishing anything remotely attributable to the occupants.

Proof not period...

No more cleaning! No more worrying, your job is done.

Ring shelter/cab/local inventory company if you wish.

Your LL THINKS They are being clever- they are utterly unprofessional and clueless. The letting agent is completely incompetent and (if half way decent) would have been on the phone to the LL and bollocked them for what they have done.

In a year of inventories, I had this situation twice.

Once when LL NeGotiated an early return, but STILL went in early and drilled holes for Sky TV etc.

The other when tenant wasn't ready the first time, so I had to abort check out, but when I went back a couple of days later I found LL in situ with kitchen floor etc all ripped up and painters in.

Trust me, not a hope In hell if anyone charging you for anything

I rent out a property and the last tenants burned a mark in the painted mantelpiece and there was biro on one of the walls.

The inventory clerk advised that it wouldn't be possible to claim for redecorating the whole room, but a nominal sum for the cost of a tin of paint to cover up the marks. The house was in similar condition - hadn't been redecorated for a while.

I proposed this and the tenants accepted.

If the deposit is protected any deductions have to be agreed by you both, failing which (I think) it goes to arbitration. So I would advise you to dispute this deduction and propose a nominal sum. I doubt that the landlord would get anywhere with this.

I will reply more later but thank you all for not telling me off.

One point is that I'm not sure how much the landlord knows - the letting agent said they didn't know about the £900 deductions so it may well be just the letting agent.

I will prepare my email. And I promise I haven't pooed anywhere

I also know I sound like I'm making excuses, but what do I do when I've emailed and they call asking me to call back what do I do then? And what will happen to the check out? I must have to give the keys back but how does it actually work?

If the call and want a call back, then call them, but keep it short and don't go into any detail. Tell them to refer to the email you have sent, or say, I will email you about that later on. But making basic arrangements by phone is fine. Just anything technical, details of what you have done etc, keep it all on record. I remember listing every single thing I had improved, room by room. Everything that had originally been broken or missing. (we had no initial inventory - big mistake!)

Regarding checkout, actually we had a date arranged but they refused to give me a time, and said the guy would do it on his own and not to bother coming over but it was the guy who likes me so that was alright.

I got a couple of things by email just to go and finish off, as I had missed one window and some dust, but then I was told I would have no deductions and would get the deposit after I'd dropped the keys off to the office.
They still took about a month to pay me back - apparently the file got 'lost' - but I think they were waiting for the LL to be back from overseas so they could check with him.

I would end your email by stating that, for the reasons given, you expect your deposit to be returned to you in full. If they ring you, tell them you are not able to enter into a discussion over the phone and would like them to confirm when your deposit will be returned by return email. Don't get into a conversation with them - no more talking you want proper written answers as you've been messed around enough.

Did you not see the bit about the check out being compromised? About no matter what condition the property is in, thy can make no deductions?

Email them to confirm a time for handover of keys and state for the reasons given that as LL has taken back possession of their property prior to you checking out that the check out has been compromised and that you will expect your full deposit returned immediately.

Call another letting agent for advice? Call shelter or the cab. Or google it.

At the checkout (where the house will be even more disturbed by the contractors) hand them the keys, and a letter/copy of said email re compromised checkout and leave.

Photograph the house again if you really want to make a point.

Thank you again everyone. I was extremely tired yesterday (have slept better last night) and have regained some of my determination :)

Am going to call shelter and will email letting agent after that.

You have all been great and I am aware I sounded a bit useless/ungrateful last night. I am generally not confrontational and am finding this all outside my comfort zone.

Just to make a point here, agents - and sometimes landlords who rely on the agent they pay to get things right - frequently get things wrong with regard to the law. They rely to an extent on tenants being worried that they will lose their home and/or lose their money, in the form of the deposit, in order to do what suits them.

More people need to stand up to them - there is a hell of a lot of ignorance from agents, LLs and tenants and it does no one any favours.