Deposit Return

[Liaaang]

Just an update:

They repeat another inspection on the last day of our tenancy. Again, they found a few things to deduct which we did not agree with as I have photos to prove otherwise.

The landlady is not happy with the cleaning of the oven, hob, and extractor fan. They where charging me £150+ as they want the service from a particular cleaner. I double checked the site and it only costs £101. (Where did the £50+ came from!!!) I told them, I am happy for them to have it re-clean at my cost. Change the charge to £101. I did not want to argue anymore nor want to use other cleaners as they might break something or have other issues costing me more £££.

Also, they want to charge for a broken part of the door. Again, did not argue with repair costs.

The LA told me they will send photos next week and will arrange return of our deposit. I told them, I really don’t need proof and just want my monie back.

[nukecad]

boletus See my clarification above, it was posted earlier but it had gone to moderation so I assume it couldn't be seen when you posted.

[boletus]

The deposit cannot be returned before the tenancy has ended because those are the rules of the Deposit Protection Scheme.

That isn't correct. It can be returned at anytime. (Although it can take them a while to process.)

[nukecad]

You must be able to release a deposit before the end of a tenancy, in the event that it was protected late it has to be returned in order to serve notice.

I was simplifying for the OP.

At the LL's request the DPS can return the deposit to the tenant.

But a tenant cannot request the DPS to return of their deposit before the tenancy ends.

(A tenant could request it from the LL, who if they agreed could then request that the DPS return it to the tenant).

[Liaaang]

Thank you all.

[jpkeates]

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..

You must be able to release a deposit before the end of a tenancy, in the event that it was protected late it has to be returned in order to serve notice.

Once a deposit is returned there is no longer a deposit, so nothing needs to be protected.

[nukecad]

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".

[Livingonaprayer]

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.'

[boletus]

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

Why can't it?

[Liaaang]

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.

[jpucng62]

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!).

[Liaaang]

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.

[Liaaang]

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

[nukecad]

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).

[Liaaang]

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.