Deposit deductions - several queries (long post)

  • Filter
  • Time
  • Show
Clear All
new posts

    Deposit deductions - several queries (long post)

    I left a 2 bedroom unfurnished flat I had been renting for 2 years in August last year and the deposit is still in dispute. They are asking for £550 of deductions which I think is unreasonable. It also took them 2 months to give us this estimate (originally over £650 but got some off) and it was 3 months before i recieved the undisputed amount.

    The inventory at check in stated that the carpets were in excellent condition (and marked as 1 on a scale of 1 - 7) . They had been professionally cleaned on entry. On exit they were marked as a good (condition 2) with no marks or stains.

    The curtains were marked as condition 2 (originally 1) with a comment "linings dusty/ landlords discretion"

    The overall condition of the flat was marked as good with a few "needs a light clean" comments eg on the doors and skirting. We had spent a long time cleaning it before we left.

    They had the flat professsionally cleaned, the carpets all cleaned and 3 sets of curtains dry cleaned for which we were charged £460.

    There was a professional cleaning clause in the original contract which we specifically asked them to remove before we would sign it which they did.

    There was also a small purple stain on the kitchen lino which was our fault - a cheap plastic bag moulded itself to the lino and wouldnt come off. The mark was about 1cm in diameter and not in an obvious place. The lino is in good condition but is clearly more than 5 years old. It is a small kitchen and the area is around 2 square meters if even that. They have asked for £140.

    The inventory detailed a shelf missing from the kitchen cupboard which i dont remember moving. They wanted £35 but I managed to convince them to take this off. They also tried to charge £20 for cleaning windows which were left cleaner than when we moved in. They also backed down on this eventually. They also tried to charge us for the check in report which we'd paid for 2 years earlier. They agreed this was incorrect. They are now claiming that they have made so many concessions that they wont make any more.

    They've now threatened to take this to arbitration which will cost £75 per hour + vat - costs to be shared between us. We wrote to them a while ago saying they could have £200 for cleaning + £100 for the lino if they would just drop this so were arent claiming alot so this cost seems to high to bear and we could end up losing more. They refused our offer.

    I'm sorry for the long post however i would appreciate thoughts on whether I am being unreasonable and should just give in or if I might have a chance if I take them to court.

    The landlord is a private company not an individual.

    Also - I'm not sure if this helps but throughout the tenancy the service provided by the landlord was appalling. It was 6 months to fix the light/extractor fan in the bathroom which was broken on entry and several calls and emails. In general, any query took a minimum of 3 calls and 3 emails to resolve.

    Query number 2:

    I've now had to move out of my new place early as the landlord has returned from abroad and wants the flat back. Its been 3 weeks and there is no sign of the deposit. He is still in America and the agency says he isnt replying to his emails although in the past he has always replied within 24 hours. He is due back next week and I suspect he might be stalling for time so he can view the property himself. Should I just wait or is there anything I can do to speed this up. The deposit is for £1600 and I could really do with the money.

    There is an issue with the laminate flooring. We were 2 girls sharing and didnt notice that our stilleto heals were causing dimples in the very cheap flooring until it was too late. The check out report marked this as fair wear and tear in the hall but mentioned it was in the living room too. There was also a large scratch in front of the sofa and this was marked as landlords discretion.

    I think this was referring to the scratch and not the dimpling however the scratch was there when we moved in. We noticed it wasnt on the check in report but forgot about it and failed to mention it. My flatmate took photos on the day we moved in and the scratch is clearly visible but we suspect that we'll end up having to pay for this because we didnt report it which is really frustrating. How much of the cost will we be required to pay for? The flooring runs through the lounge and hall. Will we have to pay the full cost of this? Or can we expect to pay for only a proportion as it isnt new?

    Will write a detailed reply in the morning(tired!) but from first glance you appear to be almost totally in the right, and I would think you would have a good chance should it go to court. I would not let them take you to "arbitration", I would just take them to court about it. If they wish to go to arbitration, let them, but they can pay! The timescales are frankly ridiculous.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.


      My experience of arbitration is that it is highly variable and not necessarily particularly sensible or logical (very much of the 'oh, that sounds about right, I can't be bothered to actually look at the details' variety). It is certainly not worth what they charge. I recommend court.



        Hi Sebb

        Do you go to arbitration or court?
        Did you get some of your money back?
        Would be helpful to know.


          We were 2 girls sharing and didnt notice that our stilleto heals were causing dimples in the very cheap flooring until it was too late.
          I think we need to see pictures of the 2 x girls dressed up for a night out and also a pic of the offending stilletos (purely so we can assist as much as possible)


          Latest Activity


          • council won't help with Noise and Nuisance
            My tenant is having a hard time with a neighbour, who's installed a door alarm to catch the burglar who steals from her fridge (!?). My tenant is frustrated by the alarm going off 3 times a night, probably due to the neighbour opening the door herself. I've called council (landlord of the neighbour),...
            15-01-2018, 12:32 PM
          • Reply to council won't help with Noise and Nuisance
            The tenant can't pull out of the contract because the property is uninhabitable if it isn't.
            An alarm going off at night isn't enough to make the place uninhabitable, it's just a pain and the tenant needs to sort it out.

            The people the tenant will have to involve to have the property...
            16-01-2018, 09:35 AM
          • Neighbours are claiming for smoke damage to their property.
            My tenants accidentally set fire to my property causing catastrophic damage. Unfortunately I had let my building insurance lapse and so have had to pay for all refurbishment and damage myself. The house is still uninhabitable with no tenants living there. The fire service came out and the cause...
            15-01-2018, 19:16 PM
          • Reply to Neighbours are claiming for smoke damage to their property.
            Thank you Mr B your advice is certainly reassuring...
            16-01-2018, 09:32 AM
          • Small damage to landlords wooden floor...

            ​​​​​Im new here so I hope i posted in right section.

            ​​​​​​I have a problem, I was helping out a friend and I kept her cat at my place for a few days, because it all came so fast i had to make a toilet really fast for cat .. it was from cardboard...
            15-01-2018, 19:42 PM
          • Reply to Small damage to landlords wooden floor...
            The landlord is able to claim for any loss beyond fair wear and tear that occurs during the tenancy.
            The damage isn't fair wear and tear, so the landlord can ask you for compensation.

            Will the landlord even notice before you move out - which is when any claim can be made?
            16-01-2018, 09:26 AM
          • Am I locked in to agency fees?
            I am just coming to the end of my first year of being a LL on a property which I self manage. My tenants are great and I now wish to ditch my agent to save them and me money and collect the rent myself. The agent's contract does clearly state that fees are liable for as long as the tenant resides. This...
            15-01-2018, 20:02 PM
          • Reply to Am I locked in to agency fees?
            Don't lie to the agent - they're not (that) stupid, and then you would owe them the fees if they claimed them.

            I'd try and negotiate a deal - for most businesses a large chunk of income today is worth more than the promise of income month by month.

            The agent's business model...
            16-01-2018, 09:24 AM
          • Termination of Tenancy
            looking for some practical advice here, first post.I shall try to hit the main points and be brief.
            I have been renting my house to a couple whilst I have been out of the UK with a private rental contract, visiting the house once a year. They have been renting for 10 years , on a one...
            15-01-2018, 15:34 PM
          • Reply to Termination of Tenancy
            The tenant "gave" the landlord the light fittings and power sockets when they fitted them to the landlord's property.
            They can't return the property with holes where they used to be - that isn't fair wear and tear.
            They could replace them with sockets and light fittings equivalent...
            16-01-2018, 09:19 AM