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Original poster

Landlord withholding deposit

27 replies

Plennury · 15/07/2023 14:31

I know about raising a dispute with the deposit scheme but wanted to post here first.

Basically we moved out of a property in mid June and have been emailing back and forth with the LL since then as we don't agree on how much of our deposit they want to hold back. Since our last email they took two weeks to respond and when I chased them came back to say they now wanted more of our deposit than they originally asked for (1200 instead of 1000), and they weren't prepared to agree to return any of it as they "reserved the right" to request more. E.g. originally they said they weren't going to charge us for repainting and now they say they are going to charge us for repainting. They say if we agree to not go to dispute they will accept the original amount of £1000. This feels very much like blackmail to me.

I haven't replied to their last email. Should I now raise a dispute based on the entire deposit amount, or the amount stated in their initial email? I need a figure to give to the TDS and I know they like you to have tried to resolve it between you first. If I write back a very short email to LL saying we no longer feel they are engaging in good faith and therefore per their last email will refer the full deposit amount to the deposit scheme, will that be OK? Will the fact they said one amount then changed their minds work in our favour?

Any experience welcome, I don't want to do the wrong thing.

OP posts:
Whatsinyourbag · 15/07/2023 21:29

Is there significant damage? That's a lot of money to try to withhold. I would personally submit a dispute based on the full amount to the deposit scheme - there may be elements the LL wants to charge for that are considered acceptable wear and tear.

Original poster
Plennury · 15/07/2023 23:12

Whatsinyourbag · 15/07/2023 21:29

Is there significant damage? That's a lot of money to try to withhold. I would personally submit a dispute based on the full amount to the deposit scheme - there may be elements the LL wants to charge for that are considered acceptable wear and tear.

There is a small amount of carpet damage which we agreed to cover but not at the rate the LL wants us to - they want the full cost of a new carpet covered when the carpet in question is 9 years old. And we agreed to the cost of repainting a wall my toddler had marked but they want us to cover the cost of repainting the entire house (which in their first email they said they wouldn't be charging us for - and it absolutely doesn't need it!).

Other things they want to charge for including replacing a bathroom seal which has slight mould (in a windowless bathroom), repainting windowsills.

OP posts:
lampformyfeet · 15/07/2023 23:18

It’s easy to raise a dispute. DS got all his back minus £30 when they wanted to take most of it.

DontMowMyMeadow · 15/07/2023 23:20

Stop talking to your ex landlord. They have no say over how much of your deposit they get to keep
Deal directly with TDS.
Always found them to be fair and reasonable both as a landlord and a tenant

Original poster
Plennury · 15/07/2023 23:28

Thanks, I will raise the dispute although it is in the TDS guidelines that they expect you to have tried to resolve things directly first, so I didn't want to be obstructive.

OP posts:
ChopperC110P · 15/07/2023 23:33

Yes, raise a dispute for the full deposit as you’ve been refunded £0 of it to date.

Also, I would not pay for carpet, paint or bathroom seal. I would include that those offers are also expired as they are not acting in good faith.

That is mostly wear and tear. Let the landlord ask for £ via the dispute process for those bits.

The carpet likely he will get £0 on a 9yr old carpet.
The wall, he may get £20 to cover touching up paint.
The bath tub seal, he will get £0 as it’s regular maintenance to need to replace the silicone sealant.

ChopperC110P · 15/07/2023 23:33

Oh, windowsills- he will get £0 that’s wear and tear.

rosiebl · 15/07/2023 23:37

You tried to resolve (agreeing to part payment of a worn carpet and wall). They are now being obstructive. I've dealt with TDS. They are very fair. Raise a claim for a the full amount. The LL has responsibility to prove damage. But please be ready to prepare your case. Hopefully you have photos emails etc.

Batalax · 15/07/2023 23:37

Agree that it’s wear and tear, especially if you’ve been there a while.

justasking111 · 15/07/2023 23:38

How long were you in the tenancy @Plennury ?

Original poster
Plennury · 15/07/2023 23:38

LL thinks the carpet should last 15 years as it is high quality. I was happy to pay for a bit of it as it was slightly damaged by us (accidentally!) but I didn't think 100% was fair when it was already 9 years old.

OP posts:
Original poster
Plennury · 15/07/2023 23:39

2.5 years with 2 young kids, so not long.

OP posts:
ChopperC110P · 15/07/2023 23:45

There is no way on earth that the LL can get the cost of the carpet from you, as that would be betterment. The carpet was already over 6yrs old when you moved in, and he wants brand new carpet? Nope. TDS will reject his claim.

A high quality carpet has a life of 7-10yrs not 15yrs.

ChopperC110P · 15/07/2023 23:47

I was happy to pay for a bit of it as it was slightly damaged by us (accidentally!)

Withdraw all your offers to pay anything. That’s likely fair wear and tear. What was the damage? If it’s a small stain you’re fine. If there is a giant rip/hole you’re not fine.

Original poster
Plennury · 15/07/2023 23:48

It was an iron burn, my fault and I accept it completely, I just don't think the full cost of a replacement carpet is reasonable.

OP posts:
ChopperC110P · 15/07/2023 23:59

It’s not reasonable at all as iron burns are cheap to repair. The LL knows the carpet is past due to be replaced and is trying to better his property by keeping your deposit. I’d definitely raise the dispute through TDS.

justasking111 · 16/07/2023 00:20

Plennury · 15/07/2023 23:39

2.5 years with 2 young kids, so not long.

Well I wouldn't have stuck you with a carpet that old in the first place. We've just redecorated from top to bottom and replaced two carpets and the hall, stairs, landing carpet. £2.5k for everything. So your LL is very cheeky

Teddypops · 16/07/2023 00:28

I am an inventory clerk. Go to dispute.

Do you have a professional inventory and check out?

The LL is taking the utter piss!!

LotsOfThingsToThinkAbout · 16/07/2023 01:10

Have you good photos of the house from when you arrived and left?

AlfietheSchnauzer · 16/07/2023 02:12

The industry 'expected' standard is that the landlord needs to repaint the entire house every 3 years. They cannot charge the tenant for this unless the tenant has caused enough damage to walls to require them to be painted before they're due. Definitely go to the deposit scheme

Lysianthus · 16/07/2023 02:27

AlfietheSchnauzer · 16/07/2023 02:12

The industry 'expected' standard is that the landlord needs to repaint the entire house every 3 years. They cannot charge the tenant for this unless the tenant has caused enough damage to walls to require them to be painted before they're due. Definitely go to the deposit scheme

Ooh that's interesting! Where does the 3 year figure come from? Asking as a tenant.

kitchenhelprequired · 16/07/2023 03:10

It's interesting how the life expectancy of redecoration and carpets in private rentals in no way reflects the vast majority of owner occupied homes. In what world are the majority of people redecorating every 3 years and replacing carpets every 7-10 years. It's a bit like the EPC rules they are trying to push through of a C when the average UK EPC is a D - why does private rental need to be higher than the average. I don't know how TDS will view the carpet - it should really be inline with what someone would expect from an insurance company if they were claiming for something like this - should they be happy with a contribution towards a new carpet because it's older if it's been otherwise kept in good condition or a replacement carpet? In a world where we are all supposed to be more conscious of recycle, reuse, reduce why is it just private landlords who are expected to supply everything sparkly and pick up the cost.

Blarn · 16/07/2023 04:00

Definitely use the TDS scheme. No one in rentals is expecting carpets to be replaced every three years, what the scheme says is that after a few years there is going to be wear and tear on the carpets so the tennant shouldn't be stung for a new one - which is what some (and the minority) landlords used to do. We moved out of ours after three years, there were a couple scuffs in dc room which we retouched and we filled in holes properly where furniture had been attached and retouched. Looked just like it did when we moved in. When we had the final checkout we noticed some pencil lines dd1 had drawn on the thin strip of wall between two doors. Apologised profusely, said would cover a small tin of paint for that bit of wall. Because of this they wanted to claim for the entire house to be repainted. TDS said no, it was betterment and wear and tear such as this was to be expected after three years.

Pre TDS was awful. Dh was billed £25 for a broken toilet seat in his student house. The same broken one which was there when they moved in and they later realised the ll had billed each of them £25. £125 for an already broken seat!

Original poster
Plennury · 16/07/2023 08:00

AlfietheSchnauzer · 16/07/2023 02:12

The industry 'expected' standard is that the landlord needs to repaint the entire house every 3 years. They cannot charge the tenant for this unless the tenant has caused enough damage to walls to require them to be painted before they're due. Definitely go to the deposit scheme

The LLs know this, they're arguing that it's only been 2 years and it needs repainting (it really doesn't, maybe the hallway but absolutely no way the whole house needs doing!)

OP posts:
teaandtoastwithmarmite · 16/07/2023 08:08

We had this a few years ago. LL kept calling us and saying I'll give you £300, I'll give you £500 etc. we just ceased contact and let the DPS deal with it all and we got our full £1600 back minus a charge for some cooker knobs which got damaged when the grill caught fire. LL was saying some crazy stuff like we'd planted Japanese knotweed in the garden and a bike had been stolen from the shed and other things as well.

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