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Landlord wants to take half our deposit

44 replies

dandeliondaisy · 15/08/2024 22:43

I am hoping for some advice from anyone who has knowledge of the rental/inventory/deposit system. My husband and I rented a house for 2 years with our two children. We have just bought our first house (yay) and have therefore moved out of the rental. We have received an email from the landlord of the house we have just vacated saying we owe him over £1000 to repair the house! We are a quiet family who work hard and enjoy time together at weekends, no wild parties or any activities which would cause any damage to his house whatsoever. It was unfurnished so he had no items we could have damaged. We have the inventory check out form which says a bush was over grown, one light bulb was missing, the outside of the windows weren't professionally cleaned (true) and some doors had some marks on them. We had it professionally cleaned and to us, seemed in excellent clean condition upon our exit. The house itself was in disrepair when we moved in with spotlights falling out the ceiling, leaks from the bathroom down the stairs, a washing machine with buttons falling off and a damp issue in one of the bedrooms causing the wallpaper to peel off. We feel really stressed about this as we do not have 1.5 thousand pounds and more-so, feel this is a ludicrous amount of money for an unfair situation which is mostly wear and tear. Before moving out we offered to repaint a few walls where there were marks, but he gave us the wrong shade of paint and is now charging us to rectify this despite telling us the paint to use! Anyway, I'm hoping someone has some idea on what we can do. Sadly, he is a private landlord and therefore the agent who gets him the tenants is impartial therefore we can't seek them for advice but as I understand it, if we wish to challenge him then we need photographic evidence, of which we now cannot obtain. Thanks to anyone who responds.

OP posts:
dandeliondaisy · 22/08/2024 13:59

Hi everyone, thanks for your advice. We are now into an evidence based email exchange and wondered whether anyone knew if the original inventory counts as evidence at a tribunal. For example, it says there were 4 cracked tiles on entry (no photos) and now more cracked tiles (with photos). I don't know how it says this as we haven't cracked any tiles whatsoever, so I'm unsure how this is part of the initial inventory - there are no photos to show this. Thank you again everyone.

OP posts:
KievLoverTwo · 22/08/2024 14:09

dandeliondaisy · 22/08/2024 13:59

Hi everyone, thanks for your advice. We are now into an evidence based email exchange and wondered whether anyone knew if the original inventory counts as evidence at a tribunal. For example, it says there were 4 cracked tiles on entry (no photos) and now more cracked tiles (with photos). I don't know how it says this as we haven't cracked any tiles whatsoever, so I'm unsure how this is part of the initial inventory - there are no photos to show this. Thank you again everyone.

Counter it with “I consider a written claim of four cracked tiles to be invalid unless the inventory inspector has photos to back this up. Clearly they made a mistake the first time and they were more than four.”

dandeliondaisy · 22/08/2024 14:16

@KievLoverTwo thank you that's great wording. He's claiming the entire floor needs to be retiled!

OP posts:
KievLoverTwo · 22/08/2024 14:18

dandeliondaisy · 22/08/2024 14:16

@KievLoverTwo thank you that's great wording. He's claiming the entire floor needs to be retiled!

I bet he is. I once had a LL want to take my entire deposit because of one cracked bathroom tile. He claimed the entire bathroom had to be re-tiled. The reason it cracked was because he put an extractor fan in a windowless room right above the shower which had to be manually turned on and off, and a chrome pulley on it which got slippery and pinged out of my hand. The inventory was very thorough and mentioned it was chrome: he didn’t get a penny off me.

Hoppinggreen · 22/08/2024 14:19

I work in a related area
Are you saying that the inventory when you moved in wasn't correct? If you didn't challenge it at the time it may be hard to challenge it now

Swissrollover · 22/08/2024 14:22

Have you claimed from the scheme yet, or just a back and forth with the landlord? If you haven't claimed, you should do so ASAP.

If he brings up the tiles, you should suggest to the scheme that as 4 tiles were already damaged, it was in poor condition and continued to crack through normal use.

KhakiShaker · 22/08/2024 14:42

OP have you contacted your deposit protection scheme and made your claim?

I wouldn’t engage in email exchanges with the LL no matter how tempting it is to prove them wrong. Save it for the DPS.

CherryMaple · 22/08/2024 16:34

KhakiShaker · 22/08/2024 14:42

OP have you contacted your deposit protection scheme and made your claim?

I wouldn’t engage in email exchanges with the LL no matter how tempting it is to prove them wrong. Save it for the DPS.

This.

dandeliondaisy · 02/09/2024 00:01

We have contacted our dps and requested the full deposit back. We haven't heard anything until today when the landlord contacted us directly again saying he had obtained quotes now standing at £1500! I've done an excel spreadsheet with photo evidence and reasons against every point as to why it is general wear and tear for a family of 4. He wants £400 for a deep clean when the inventory check out says 'light cleaning needed' against 10 minor areas (light switches, back of door x 3, thermostat, rim of dishwasher etc). I've said we will go back and wipe these things ourselves! He has asked for £250 to repaint the wall which has damp from a leak in the bathroom that we alerted him to about 3 times! There was so much damp in the house, we all ended up on inhalers last winter, I'm surprised he's not worrying we will go at him with that!

OP posts:
dandeliondaisy · 02/09/2024 00:01

*hadnt

OP posts:
dandeliondaisy · 02/09/2024 00:03

We have no intention of replying directly to the landlord, but when will DPS contact us again to say the landlord wants to raise an issue with us asking for the whole deposit back?

OP posts:
LemonyCoughSyrup · 02/09/2024 00:06

Unless he can prove it through photos then he can’t take that much, deposit schemes nearly always decide in favour of the tenants. Definitely don’t get too stressed about it, unless you caused some serious damage and he has before and after photos, you’ll be fine (speaking from experience when we used to rent and always left the place better than when we moved in, yet landlords would often try to get some of our deposit, it never worked unless we agreed to some stuff like cutting hedge etc)

LucyLocketLovesPollyPocket · 02/09/2024 00:09

Keep fighting through the proper channels. Also keep an eye on rental listing. We got our deposit back after a fight, we had video and photo proof, time stamped, of our entry day (god bless dh), and the problems the LL was trying to claim for had been there since then. We also kept an eye on rightmove and he listed/rented it out without any improvements, as evidenced from the photos/videos in the listing. We got our full deposit back.

purpleme12 · 02/09/2024 00:44

dandeliondaisy · 02/09/2024 00:03

We have no intention of replying directly to the landlord, but when will DPS contact us again to say the landlord wants to raise an issue with us asking for the whole deposit back?

I think mine took a few weeks from memory.

Mine said he wanted to keep the deposit. He actually said that if he didn't get all the deposit back he'd take me to court cos it cost him more than that to get the house right.

I was a bit worried he would take us to court but decided to take a chance that he was blagging and went through TDS dispute thingy.
And they did come back giving me some money back.

So I think you'll have a good outcome.

purpleme12 · 02/09/2024 00:44

And he didn't take me to court!!

caringcarer · 02/09/2024 01:02

dandeliondaisy · 15/08/2024 23:01

We have the receipt from the cleaning company and the inventory says the property has been left clean and in good order. It is itemised and says there is a mark on the door, and some light switches aren't clean. We have an email trail of the leaking bath, damp issues, broken washing machine etc so hopefully that is helpful

I'm a LL and this is outrageous. Send your evidence including email trail to TDS stating it is normal ware and tear and they will find in your favour. Your LL would have to prove you have left properly damaged and have a quote for correcting it. No one would charge £1k. He's just trying it on. It's LL's like this that make so many people hate LL's.

Swissrollover · 02/09/2024 12:25

DPS should have all of the info on the website, they will have a time frame for the landlord to respond to them and details of the next steps.

The landlord is trying to circumvent the process by attempting to scare you.

CleftChin · 02/09/2024 12:37

Stick to the DPS - I've used them from both sides and found them fair.

For example, one tenant got a burn mark on the kitchen worktop (solid wood, so no big deal), but rather than just say that, they painted it white with gloss paint! That's no good in a kitchen, so it had to be replaced, but the TDS only let me claim half of the money to do so as the kitchen was 5 years old.

Ditto when a landlord tried to claim from me for a new bedroom carpet, which had got a damaged area from mould/damp from a suitcase stored under the bed (the damp was from the general house, not the suitcase! The suitcase just meant the floor couldn't breath) - He didn't get any money for that, because the carpet was 30 years old (!) and he'd had a leak in the roof that had let the house get damp.

You are not new for old insurance - all the landlord is (even possibly) entitled to is rectifying the issue to the level it was when you moved in, minus reasonable wear and tear in a family house for 2 years - so if it's a 30 year old bathroom, he's going to struggle to get anything at all.

Iwantascone · 02/09/2024 13:10

I've never kept any of a tenant's deposit, but repairs after a letting can be very costly and it's not all reasonable wear and tear.

For example, a tenant recently moved out after 18 months to buy a place of their own. The work I had to do to make good before the next tenant was as follows:

Repainting as they had smoked in it when it was forbidden under the lease. Washing walls and airing for a month hadn't worked. £1,500.

Bathroom had been fitted at a cost of £6,000 before they moved in. They chipped the bath meaning it and the surrounding tiles needed to be replaced. All grout was covered in black mould as they turned off the extractor fan to save themselves approximately 10p a year. Cost to repair bathroom £2,000.

New mattress £400. New sofa as ruined by smoke £500. New curtains and roman blinds £300. Repair to laminate floor that had been laid before they moved in £400.

These were considered good tenants by others in the complex!

Total repairs: Over £5,000 between tenants.

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