After 10years landlord taking a big part of deposit

gettingcoldinhere · 2023-08-25T14:30:03+00:00

Hi all, I was wondering if you could help. We are being told that there the white hoods are all being replaced as they weren't clean! The fridge freezer has been there for over 10 years and lived through other tenants. The dishwasher and washing machine are quite new and in good working order. Although I missed the soap tray in the cleaning. Surely that is betterment. He said we made a hole in the sink. Surely that would have leaked, there is a dent though. He replaced the sink. He also charged £200 for a deep clean of one kitchen and bathroom, although I cleaned it myself and check out had a few missed bits but overall was cleaned. I think £200 is extortionate to clean out a few cupboards and a soap tray. Apparently the landlord cleaned it said in the email. We really need the money back and have been great tenants over the years - even he said that himself. The agency got the deductions over to where they would get commission too I noticed. I have repeatedly asked for the original inventory as proof but the agent still hasn't sent it. I have asked for it to go to a arbitration again and to send back the undisputed money, but the agent is ignoring me.

Dolly199xoxo · 25/08/2023 16:03

Presumably your deposit is register with a deposit protection scheme? If so you will have received notification at the time it was registered? You can appeal the deductions through them and add any proof to your appeal emails from them/ photos you have taken etc and note that the issues are fair wear and tear. if your deposit is not registered I believe this can result in a fine for the landlord and compensation for you.

Original poster

gettingcoldinhere · 25/08/2023 16:08

Yes it is protected.

He has already bought the goods and replaced the sink with his own money without us agreeing to anything. Now he is trying to charge us for the items.

OP posts:

WorkingItOutAsIGo · 25/08/2023 16:10

Without the original inventory they cannot take a penny. Refer it to the complaints/arbitration scheme asap.

emark · 25/08/2023 16:46

You can contact the deposit scheme to request the deposit back. Then the landlord can claim deduction that you then dispute.
After 10 years major wear and tear landlord likely to not be allocated any or very few deductions

Karmatime · 25/08/2023 16:58

Just claim the full deposit back via the scheme. The agent hasn’t really got a say in the process. If there isn’t an inventory from when you moved in then that’s the landlord’s problem. After 10 years the odds are the landlord won’t be able to claim for much at all as in that time they would have been expected to replace white goods and redecorate anyway.

NigellaAwesome · 25/08/2023 17:01

Ask him for the check out report with photos along with comparison photos from the ones in the original inventory.

Ask for details of how the deductions are broken down.

Do you not have a copy of the inventory when you moved in?

NigellaAwesome · 25/08/2023 17:02

Also, did you attend the check out meeting and were these things pointed out to you at the time?

Original poster

gettingcoldinhere · 25/08/2023 17:11

NigellaAwesome · 25/08/2023 17:01

Ask him for the check out report with photos along with comparison photos from the ones in the original inventory.

Ask for details of how the deductions are broken down.

Do you not have a copy of the inventory when you moved in?

They left a paper copy of the inventory in the property, but I can't find it. Nobody gave it to us.

Yes I asked to do the comparisons between the the check out and inventory. I'm not sure if they gave the original as the agent has still not sent it.

We left on Sunday and the check out was on Monday. We weren't given the opportunity to be there and I don't think they told us when it would be.

OP posts:

Original poster

gettingcoldinhere · 25/08/2023 17:13

@Karmatime That's what I though too. I think it's worth raising a dispute.

OP posts:

TheWayoftheLeaf · 25/08/2023 22:22

Always take photos at the beginning and email them to yourself

TheWayoftheLeaf · 25/08/2023 22:23

Definitely raise a dispute - after 10 years they'd surely need to replace most of that anyway

Blarn · 25/08/2023 22:26

Raise it with the deposit scheme. They ate very fair.

KievLoverTwo · 25/08/2023 22:51

gettingcoldinhere · 25/08/2023 17:11

They left a paper copy of the inventory in the property, but I can't find it. Nobody gave it to us.

Yes I asked to do the comparisons between the the check out and inventory. I'm not sure if they gave the original as the agent has still not sent it.

We left on Sunday and the check out was on Monday. We weren't given the opportunity to be there and I don't think they told us when it would be.

Show quote history

If they didn't get you to sign a copy of the inventory (and it wasn't even sent on email), you did not agree with its contents and nothing they say about condition comparisons matters a jot.

It's really that simple.

parentaldramas · 25/08/2023 23:37

We left our place after a 20 year tenancy (I know) - there was an inventory from back then, but it was pretty much irrelevant by the time we moved out. The whole place needed a lot of tlc tbh. The agent made a token effort at reconciling the inventory and any damages, as did we, but ultimately the LL just gave us our full deposit back, probably not worth the hassle.

This was a professional LL who wanted us out anyway so they could refurbish and rent the flat out at a higher price. Having seen the renovated flat and its new price tag, our deposit will have been pretty insignificant! Your LL will probably do the same, so it’s unfair that he’s making you pay for what is essentially a future revenue stream for him…

NoSquirrels · 25/08/2023 23:40

Just dispute it via the deposit protection scheme. It’s highly unlikely you’ll need to pay anything.

purpleme12 · 25/08/2023 23:42

Yes just go via tenancy deposit scheme and put to them what you think is fair.
I did that when landlord tried to keep all mine (and actually threatened if I didn't agree then he'd take me to court as it apparently cost more than the deposit). I didn't expect to get all mine back but certainly some. In the end the deposit scheme did agree I should get some back.
And landlord didn't take me to court for more money.
So definitely use the tenancy deposit scheme.

Emmbo1706 · 12/09/2023 04:45

It’s absolutely disgraceful what some landlords attempt to claim against a tenant deposit. I have recently moved out of a property I rented for just over 9 1/2yrs after being served a section 21 notice. Despite the fact the notice was served incorrectly for several reasons, rather that create further stress etc I secured another property and moved out within 5 weeks of the 8 week notice. My £750 deposit has been protected throughout the tenancy. The property was left in a much better condition than when moving in however the landlord is making a claim of nearly £3000 for repairs etc. Luckily I have kept a signed copy of the check in inventory/report which I have provided as evidence to dispute the majority of the landlords claims. There are a couple of claims that I agree with and am happy to contribute towards but the claim amounts are extremely overpriced - betterment. The rest of the claims not only haven’t given and consideration to “fair wear and tear” given the length of the tenancy they are also filled with false information. Examples would be a claim to remove a large cabinet from the garage £250 - it was left as it was present in the property when moving in as documented and photographed in the move in inventory. Another claim for £300 to remove nails and coat hooks, infill and repaint the entrance hall. Again the move in inventory clearly documents that the nails and coat hooks were present when moving in. All the windows in the property have the same locks and keys. On moving in the inventory clearly states that 3 keys throughout the property were missing. On moving out the inventory states 3 keys were missing however the landlord is attempting to claim £150 to replace the 3 window locks/handles that have missing keys. I could go on and on with further examples of what I see as an attempt to falsely obtain money from me. The case is currently sitting with the DPS adjudicator and I while have no doubt that the evidence I have provided will speak for itself, I would like to know if I have a case to take this matter further?

Thanks

AuntieEsther · 12/09/2023 05:25

Just raise a dispute. Don't bother communicating with him again. He will be unsuccessful.

womanone · 12/09/2023 05:32

The landlord won't get a penny from the deposit scheme.

A former landlord of ours tried this on and got nothing. They have no legal rights to claim any of this and will be unsuccessful.

The only downside is it can take a few months and lots of paperwork to get the money back. And you need the money for your next deposit now.

But you will get every penny back eventually. Cheeky greedy criminal landlord is entitled to take zero % of your deposit.

womanone · 12/09/2023 05:38

Emmbo1706 · 12/09/2023 04:45

It’s absolutely disgraceful what some landlords attempt to claim against a tenant deposit. I have recently moved out of a property I rented for just over 9 1/2yrs after being served a section 21 notice. Despite the fact the notice was served incorrectly for several reasons, rather that create further stress etc I secured another property and moved out within 5 weeks of the 8 week notice. My £750 deposit has been protected throughout the tenancy. The property was left in a much better condition than when moving in however the landlord is making a claim of nearly £3000 for repairs etc. Luckily I have kept a signed copy of the check in inventory/report which I have provided as evidence to dispute the majority of the landlords claims. There are a couple of claims that I agree with and am happy to contribute towards but the claim amounts are extremely overpriced - betterment. The rest of the claims not only haven’t given and consideration to “fair wear and tear” given the length of the tenancy they are also filled with false information. Examples would be a claim to remove a large cabinet from the garage £250 - it was left as it was present in the property when moving in as documented and photographed in the move in inventory. Another claim for £300 to remove nails and coat hooks, infill and repaint the entrance hall. Again the move in inventory clearly documents that the nails and coat hooks were present when moving in. All the windows in the property have the same locks and keys. On moving in the inventory clearly states that 3 keys throughout the property were missing. On moving out the inventory states 3 keys were missing however the landlord is attempting to claim £150 to replace the 3 window locks/handles that have missing keys. I could go on and on with further examples of what I see as an attempt to falsely obtain money from me. The case is currently sitting with the DPS adjudicator and I while have no doubt that the evidence I have provided will speak for itself, I would like to know if I have a case to take this matter further?

Thanks

Yes you do. You'll get it all back. Tenancy deposit schemes well recognise the criminal grifting of certain landlords!

If you've been there for 9.5 years, that's well beyond reasonable wear and tear on anything. Put the claim in.

We got every penny back from a previous landlord after an 8 year tenancy. They were claiming £££ for new carpets, gardening costs etc etc. We generously allowed them 50p for a missing plastic toilet brush! That was it.

PragmaticWench · 12/09/2023 07:18

You shouldn't need to deal with the agency at all, just lodge a claim for the full deposit with the deposit scheme. Upload any evidence but if they don't upload counter evidence of a moving-in inventory then it's unlikely they can contest anything.