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Rights; leaving rental and getting deposit back

7 replies

mogernator · 13/09/2023 11:23

Letting agency is being an arse. We've lived in a house for 6.5 years. Left and now they are being difficult. We got the carpets cleaned, gardener in, oven cleaned and cleaned the place top to bottom. They are now saying the carpets smell so they want to get in their own recommended carpet cleaner to redo it and to get a gardener in to remove the weeds in the pavings and clear dead ivy from the walls. What is reasonable wear and tear and where do we stand to push back?!

OP posts:
Wednesdayonline · 13/09/2023 11:34

Assuming they are holding your deposit with a protection scheme as they should be, dispute everything. 6.5 years is a long time. Present your own information of the cleaning and gardening already done and request your full deposit back.

KievLoverTwo · 13/09/2023 11:57

Do you have a move in inventory with photographs that you signed that shows the drive and ivy are far worse now?

How high up the house is the Ivy? Would you have to get more than a standard ladder to remove it?

You can’t take money off a deposit for a smelly carpet because it can’t be proven to a court.

mogernator · 13/09/2023 15:16

I don't think it was smelly! Just smelt clean. And the ivy is dead. We removed the roots like they asked.

OP posts:
KievLoverTwo · 13/09/2023 19:00

mogernator · 13/09/2023 15:16

I don't think it was smelly! Just smelt clean. And the ivy is dead. We removed the roots like they asked.

And what about an inventory?

Is your deposit in a deposit protection scheme?

mogernator · 14/09/2023 10:24

Yes there was an inventory and it's in a deposit scheme. I am just Shock that they are quibbling over some weeds in the paving and a 'smell' from the carpet cleaning after nearly 7 years. We're going to push back. But they are claiming 'excessive wear and tear' and it's not clear what that means. I would get it after 1 year but 7 years of living somewhere is going to mean things are not exactly as they were. Just pissed off really at the whole system. They've not got a mortgage and now quibbling over a few more hundred pounds.

OP posts:
KievLoverTwo · 14/09/2023 10:47

mogernator · 14/09/2023 10:24

Yes there was an inventory and it's in a deposit scheme. I am just Shock that they are quibbling over some weeds in the paving and a 'smell' from the carpet cleaning after nearly 7 years. We're going to push back. But they are claiming 'excessive wear and tear' and it's not clear what that means. I would get it after 1 year but 7 years of living somewhere is going to mean things are not exactly as they were. Just pissed off really at the whole system. They've not got a mortgage and now quibbling over a few more hundred pounds.

Today, log into the online deposit system and request a full deposit return. That sets a timer and you will have to be paid back in full unless they can prove damage, which they can't.

You can tell them you disagree if you like but I wouldn't bother. The system should take care of it.

It's not always the LL. Sometimes the agency like to show off to the client 'look, we got you £500 back, you should definitely use us in future' and the LL isn't even aware they are disputing anything until the damage is already done.

whyisitallsohard · 14/09/2023 11:08

by law, you have to actually request your full deposit back in writing, so make sure you do this. they have to return the deposit to you - it is law. you need to make a formal complaint and say no to all their demands - explain you have cleaned the house as per the contract and done your part - do you have a checkout inventory? mention clearly that the house/carpets etc was left in great condition and you request your full deposit back. in the same letter tell them you are aware of your rights and expect the deposit back within 10 days as per law. Then say you want to know which redress scheme they are with. every estate agent by law has to be registered with a redress scheme - the one I dealt with after a EA tried to take some of my deposit was called The Property Redress Scheme (check their website for more info). Tell them in this formal complaint that you will take the matter to their redress scheme. if they do not respond to your complaint in a way you're happy and agree with, you can take the complaint to the redress scheme. what happens from here is that the redress scheme will look at your case ALL for FREE. They actually charge the EA a substantial amount for every complaint (lol!) so hopefully your EA will just stop with their nonesense and won't even go to the redress scheme. but, otherwise, the redress scheme will need more details and evidence (e.g. photo evidence from you and things like a check-out inventory ). they will make a final decision about the matter. for me, when i went through this, i was the one paid £750.00 because i raised that they didn't fix a few things that caused me some distress while living there. the only problem with all of this, is that there isn't a redress scheme for landlords (it's only for EA). guess most of government are landlords! clearly! good luck

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