Landlord unfairly holding deposit.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Landlord unfairly holding deposit.

    Hi

    I think my Landlord is unfairly claiming deductions from my deposit and I am looking for advice on how to proceed.

    11 days after moving out of the house my landlord phones me up saying he is unhappy with the condition the house was left in and will be taking £150 general cleaning costs, £180 carpet cleaning costs and further deductions yet to be decided. this totally floored me as the house was left in tiptop condition. I haven't received anything in writing up to this point.

    He claims the house was professionally cleaned before we moved in and he wanted it back in the exact same condition.

    I am going to dispute these charges on the grounds of:

    1) No inventory upon moving into the house

    2) The house was left in the same condition as we moved in except the carpet in study room is more worn out by desk chair (landlord admits it was 2nd hand carpet when we moved in and was in poor state of repairs at the time) and a few feet marks on the wall behind the desk.

    3) No mention of house being professionally cleaned before our arrival. (no inventory and no mention in the contract)

    4) No information provided about conditions for the return of the deposit, only a confirmation letter that deposit was being held in a protected scheme.

    5) No moving out instructions either written or verbal.

    The landlords counter argument is that he has cleaning bills from the cleaners before we moved in and he has had quotes from cleaners now that we have moved out.


    On the phone the landlord wouldn't hear of anything but the full deductions he wanted.

    I have sent an LBA requesting full deposit back or I will take him to the small claims court.

    He has since sent me 2 offers via dps (deposit protection service) claiming for £250 deductions. Both of which I have declined.

    I am unsure what to do next.

    I am thinking of using the ADR service. My concern is that this service just requires sending in documents and I have no idea what he has as proof or will be sending in. What is stopping the landlord making up his own inventory and sending it in.

    This has totally thrown me off and I feel really bullied and paranoid as I have never experienced anything like this.


    All help greatly appreciated

    Agent57

    #2
    Your key question is - irrespective of proof - was the propery cleaner when you arrived than when you left?

    If it was, then you should really be paying for the cleaning.

    If you choose to go down the ADR route, remember the landlord can refuse to do so. If the landlord genuinely does have proof of cleaning, then a lack of inventory will not necessaily hinder his claim. An 'invented' inventory without your original signature will carry no weight with the adjudictor.

    If you choose to go to court, and he does have proof, you will be liable for the court fees, and possibly some allowable expenses for he landlord.

    In which case - go back to my first question.

    Comment


      #3
      Originally posted by Snorkerz View Post
      Your key question is - irrespective of proof - was the propery cleaner when you arrived than when you left?

      If it was, then you should really be paying for the cleaning.

      If you choose to go down the ADR route, remember the landlord can refuse to do so. If the landlord genuinely does have proof of cleaning, then a lack of inventory will not necessaily hinder his claim. An 'invented' inventory without your original signature will carry no weight with the adjudictor.

      If you choose to go to court, and he does have proof, you will be liable for the court fees, and possibly some allowable expenses for he landlord.

      In which case - go back to my first question.
      Thanks for the reply Snorkerz.

      The house was left in very clean condition relative to when we moved in.

      For example when I was on the phone to the landlord he said the kitchen tops and kitchen cabinets where unacceptable and filthy.

      Here are pictures of said items:

      {removed as requested}

      He also said there was big stain on fireplace which he doesn't know if it will come out or not. I can see no stain on the fireplace and really am at a loss as to what he means:

      {removed as requested}

      Thanks

      Agent57
      Last edited by Moderator2; 19-08-2011, 15:18 PM. Reason: Edited as requested

      Comment


        #4
        Hi

        I am still looking for advice on how to proceed with this.

        I am not sure how to go about starting the ADR. On the website I can only start an ADR if I put in an amount in dispute. I'm not sure I can do this as I have nothing to base this on. Like I say I accept the footprints on the study wall are mine and would be willing to pay for the cleaning of those. But the landlord is obviously lying about the cleaning of the other rooms and the carpets.

        When I have spoken to the landlord he will hear nothing other than full cleaning amounts so I don't know what it would cost to clean the footprints. He is also very insulting on the phone and next to impossible to deal with.

        The pictures I posted where taken by my parents two days ago when they went around to the house. When there the landlord introduced them to his "business partner" who wouldn't identify himself but told my parents all further action will be dealt with by himself. This also seems very odd.

        Comment


          #5
          Claim the whole deposit back, and let him prove what he can.

          All legal issues should still be addressed to the landlord who is named on the tenancy agreement - at the address specified on the tenancy agreement for the service of documents.

          Comment

          Latest Activity

          Collapse

          Working...
          X