Deposit Return

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    Deposit Return



    Our TA ends next month. Already move out a week ago. Handed keys, cleaned professionally. Inspection done as well.

    The letting agent told me that since AST is still valid, he said we could go over the issues that needs attention before return of deposit. I am with the impression that this is not the case. But haven’t checked the TA.

    The main issue is that the another part of the laminate counter top is coming off (?). The other parts of the counter is already like that when we move in. I have proof of this using a video I did on check-in inventory. There is actually no written inventory but photos only. No photos of the counter.

    What should I say to them about this? Should I ask for a quote right away for repair? ? I am happy to pay for repairing the part of the counter that has come off.

    Although I can see that the counter does not look like that it is well made.

    #2
    Your deposit can't be returned before the TA has actually ended.

    Personally I'd have kept the keys and only surrendered them on the TA end date.
    Technically it's still your property until the TA ends, and you are still responsible for the condition even though you have given them the keys.
    So yes you could still go in and do things there, even stay there, throw a party, etc. It's still your place until the TA ends.

    The agent is suggesting that you repair the counter (and other things?) before that date because they know very well that they won't get anything from the deposit for a counter that was already damaged (or the other things either?).

    Once something like that is damaged then if not repaired further damage is inevitable.

    Having proof that it was already damaged strengthens your case.
    But even without that they still wouldn't get the full cost of a new counter from the deposit, if they got anything.

    They are hoping that you will repair the whole counter, or fit a brand new counter, and save them/the landlord some money.
    (They'd probably try to claim that any repair wasn't good enough anyway).

    I'd decline to do anything more than you already have, and if they then try to take anything from the deposit use the DPS dispute resolution.

    Comment


      #3
      Agree with nukcad and would add the LL is not allowed to charge you for anything that makes the property better than it was. So with the counter top he can only charge you for the shortened life of the top that you have caused. Were he to charge for a new top that would be betterment. Given that there was already damage elsewhere I would suggest that the would find it difficult to charge you much at all.
      I would let DPS handle it unless your LL comes up with a sensible figure.

      PS It is illegal for a LL to insist on a 'Professional Clean' under the Tenant Fees Ban. He can insist on the property being clean, but nothing that has a cost to it can be part of the tenancy so if you did this because of a condition in your tenancy he has already broken the law.

      Comment


        #4
        Originally posted by Liaaang View Post
        The main issue is that the another part of the laminate counter top is coming off
        Do you mean the counter top is coming away from its fixings, or that the surface is coming away from the bulk of the counter top?

        Comment


          #5
          https://www.diynot.com/diy/threads/k...ing-up.440893/

          MdeB the picture here is what exactly looks like.

          Comment


            #6
            Originally posted by jpucng62 View Post

            PS It is illegal for a LL to insist on a 'Professional Clean' under the Tenant Fees Ban. He can insist on the property being clean, but nothing that has a cost to it can be part of the tenancy so if you did this because of a condition in your tenancy he has already broken the law.

            When I handed notice, they emailed me it needs to be professionally cleaned… we do not know that it is illegal.




            Should I just tell them to claim from the deposit instead as I do not have cash to pay upfront?

            Comment


              #7
              nukecad

              I thought since I surrender the keys I am no longer responsible. I have an infant with high needs thats why we have to move out of that flat even though we still have 3 weeks left. Having said that I am at loss…

              I am not sure how to say I decline to do further from this point.

              Comment


                #8
                Hold on a minute here:

                In the (6 year old) post that you link to for the photo it says:
                A month or so ago I bought from Howdens some square edged kitchen laminate worktop.
                Is that your worktop or just one you found as an example?

                If it is yours then who had it fitted - you or the landlord?
                Was it fitted before you moved in?

                (TBH I'm not sure why anyone would fit laminate with a joint on the top edge like that, that's asking for problems).

                Comment


                  #9
                  nukecad

                  how do I politely decline to do any further at the moment? The TA is following up after 24 hours of email delivery

                  I thought since I surrender the keys I am no longer responsible. We moved out early as we need a bigger flat due to the high needs of my child. Having said that I am at loss

                  Comment


                    #10
                    jpucng62
                    When I handed notice, they emailed me it needs to be “professionally cleaned”… we do not know that it is illegal. Although further correspondence she is saying “as it is on the start of tenancy”

                    Should I just tell them to claim from the deposit instead as I do not have cash to pay upfront for repairs? I can see that thru deposit scheme I will have to pay not for the total actual repair.

                    Comment


                      #11
                      I would ask for a breakdown of changes the LLs intends to make. If you think it reasonable agree to the deductions from your deposit. If you think it is unreasonable then make a counter offer that you think is reasonable and if the LL doesn't agree ask to go to the deposit resolution service.

                      If it goes to resolution ensure you supply as much evidence as you can. It will be up to the LL to prove their costings.

                      As far as professionally cleaning goes, just be aware that it is illegal for a LL to insist on one in the future, they can only ask for the property to be clean (assuming it was clean when you moved in!).

                      Comment


                        #12
                        nukecad

                        Not the LL countertop. But basically what happened. It was already fitted before. Has been used by previous tenant and has started to come off as well. It is a kitchen sink.

                        Comment


                          #13
                          Originally posted by nukecad View Post
                          Your deposit can't be returned before the TA has actually ended.
                          Why can't it?

                          Comment


                            #14
                            Originally posted by jpucng62 View Post

                            PS It is illegal for a LL to insist on a 'Professional Clean' under the Tenant Fees Ban. He can insist on the property being clean, but nothing that has a cost to it can be part of the tenancy so if you did this because of a condition in your tenancy he has already broken the law.
                            Really gah!
                            So if said LL has had property professionally cleaned can they reasonably expect it's handback to be at the same level?

                            How about it tenants have pets?

                            'Many landlords include a clause in the tenancy agreement stating that the property must be cleaned by a professional company at the end of the tenancy. It is important to note that unless there is a good reason for requiring this (such as the tenant is keeping pets) it is generally unenforceable. The tenant’s only obligation when it comes to cleaning is to return the property in the same state it was let out in allowing for fair wear and tear.'
                            Last edited by Livingonaprayer; 14-01-2022, 18:30 PM. Reason: Found extra information

                            Comment


                              #15
                              The deposit cannot be returned before the tenancy has ended because those are the rules of the Deposit Protection Scheme.
                              They are meant to hold your deposit until you are no longer liable for renting the property, and so can't/won't release a deposit before they have proof that the tenancy has ended.

                              The tenancy can end on surrender of the keys - if the landlord agrees to that surrender, he doesn't have to agree and can insist on the tenancy running it's full fixed term (or the full statuatory notice if it has already gone over the fixed term).

                              You politely decline by saying - "Sorry I don't agree to that action, or those deductions from my deposit, let's use the Deposit Dispute Resolution Scheme".

                              Comment

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