Deposit dispute and a bit of gardening

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    Deposit dispute and a bit of gardening

    Hi

    Having moved out I'm now in dispute with my ex landlord over the deposit. To cut a long story short they want to keep the whole deposit nearly 3K after eighteen months tenancy. After attempting to negotiate I have raised a dispute with the TDS scheme and they have submitted their evidence.

    Im preparing my response but I have a couple of questions on specific points.

    First gardening. I didn’t get time to cut the grass before I left although I’d done it a couple of weeks earlier so it wasn’t particularly long so I offered them £100 for a gardener , they want this and say I should pay a further £200 to have a tree trimmed, thing is the tree isn’t that big probably fifteen feet , not sure what it is but it looks very old and is slow growing I can’t see any diffence since we moved in, but the neighbours house behind has a large vine tree of some kind this has grown over the boundary covering top of a shed and partly grows into the tree concerned. Am I responsible for the cost of removing foliage from a neighbours tree.

    Second they claimed they found some damage, a broken lock two weeks after we moved out and the landlord got the inventory company to come back and add it to the inventory two weeks later. It was fine when we left.

    Third the house was freshly painted magnolia when we moved in and although we had touched up a few picture holes we repaired , the inventory described it as freshly painted off white. Same thing basically. Landlord wants £1600 to repaint the entire house saying it’s been repainted without permission.

    I had looked after it really well the inventory guys said to me basically it’s very good condition just needs a clean when he did the checkout.

    Thanks any opinions appreciated.

    #2
    You're not responsible for removing foliage from a neighbour's tree unless it's damaging something in your property. Then it depends on what the tenancy agreement says you are responsible for.

    Dispute the broken lock if you don't think you broke it, 2 weeks is a long time.

    First of all, the landlord can't claim the whole cost of the redecoration even if you had repainted. He can either claim that he has suffered a loss as the result of a breach of the contract term (in which case the loss would be the difference between the value of the property with your paint as opposed to their original - which would be negligible in this case because it's the same paint), Alternatively, they can try and argue that you have denied them the use of the original paint, but again, there's no loss because you've either replaced it with new paint or (as you say) it's actually the same paint.

    I'd make the point to the ADR that it's a mistake and it's the same paint and as a result there's no loss. And further, even if the landlord is adamant that the paint has been replaced, because it really hasn't, what's there is as good as what was there before, so there's no loss.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      What jpkeates said.

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