Problem with landlord returning protected deposit

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    Problem with landlord returning protected deposit

    hi

    so i left my previous property on 24/11/12 and handed back keys and had inspection on 29/11/12. a few days later i received the following email with things the landlord wants done before we can have back our deposit.

    "Front Garden

    Bins are to be emptied by the tenants who will put them out on bin day (Please if you could do this) --- we did this even though the bin day was 2 weeks after we moved, we had put the bins out before moving
    Some weeding to be done and leafs/debris tidied up --- this is fine, but our garden somehow attracted every bit of rubbish anywhere cause of where its located, if the gate was left open, you would get an array of stuff in there

    Rear Garden

    Weeding and general tidying up required. Throwing away rubbish left behind the shed - --fine will do the little weeding there is to do.

    Living Room

    Painting of the entire living room/stairs/landing area the tenant has acknowledged will need carrying out as tried matching up the paint and getting marks off but very patchy (Not woodwork) 2 Picture hooks and some small picture hook holes need filling in too when painting ---i did email the agents asking for the exact colour white, and make of paint, he didnt know.
    Fire – There is a slight section of the back foam/polystyrene type material damaged. The tenants informed us that a bird fell down from its nest on the roof and was stuck. They had to remove is otherwise would have rotted and smelt. (I did explain to the landlord the reason behind this but he said he will get a quote to see if it can be repaired)!-----suppose i should have left the bird to die and rot ?!

    Kitchen

    Kitchen overall needs cleaning throughout, tenant agreed to this. She left it to her partner but ran out of time.---reason i had to leave to partner is i have torn ligaments in my knee, cant kneel down
    Damage to the right hand side worktop, section will need replacing----this is fine
    Some scuff marks visible on the walls in the kitchen --– Landlord would like one wall repainted and holes filled inagain asked for paint make and colour.

    Ground Floor W/C

    Touch up paint marks in this room also that will need rectifying the landlord would like----downstairs toilet has bathroom tiles on the wall and the paint is literally peeling off, he would need to repaint them all.

    Bathroom

    Mirrors left, some holes and patching up required. ---new tenants would need mirrors?no holes in the wall
    Radiator cap missing will require replacing if he can’t find an old one.-----never one there! not on inventory

    Rear Large Bedroom

    Very small dark mark noticed on the carpet, require cleaning----fine
    Scuff marks visible on the chimney breast wall and left hand wall adjoining the bathroom – would like patching up----was patched up with matching paint, mark on adjoining is where the bed was
    Small stain on the blind noticed – Needs cleaning if possiblemark from condensation, ----the blind is one of those cheapy white roman blinds. i will buy him a new one

    Front Small Bedroom

    Small mark on carpet – requires cleaning----not a mark, its where the carpet is worn, no underlay, agent agreed with this
    Staining on blind but from condensation, water marks, cleaning if possible ----windows were single galzed! i had many winters with the whole window iced up on the inside. totally unresonable. again cheapy roman blind


    The above issues are ones the landlord has highlighted and from the check out combined. He would have been happy to keep the Sky Dish installed at the property, however he said Sky have carried out poor workmanship as they have damaged the skirting board in the front room which he wants putting right!! Also the same in the bedrooms where they have drilled through the skirting boards etc----cant he just put filler in skirting board and paint? but is it my fault? had permission

    I shall arrange a quote for all of the above, but of course if there are some things you would like to do yourself then you are more than welcome to do so"

    now the issues i have with all that is, we lived there 3 years, we were excellent tenants, never missed a payment etc. the landlord is a first time landlord and obviously doesnt realise how bad tenants could be. The agents told be that basically he wants the property exactly the same! even without any wear and tear. she also indicated he is a bit or an idiot and doesnt listen etc.

    here is what he didnt do:

    1.double glazing had been promised to us after 6 months of living there - 2 days after moving out he installed it!!
    2.the gas fire, which he is getting a quote for cause of where a bird fell down the chimney, was condemned on the 18/01/12. we had a gas inspector someone other than his mate, who said we should never have been using the fire. landlord sent round people for quotes to repair, but nothing ever done.
    3. the back gate had literally fallen apart, massive gaping holes in it. this was going to be replaced from the date we moved in. again endless quotes no action.
    4. the back fence blew down in the storms last winter. again endless quotes no action. offered to replace oursleves told no, landlord must decide
    5. we have had a problem with our guttering. its been leaking since moving in, caused a damp problem in kitchen where the bt telephone point came in. was patched up, paint never matching as contractors couldn't match

    i will think of more lol


    do you think this reasonable from the landlord? i have just done the request from the dps as haven't received anything from the agents re quotes and given the past it could take years!

    some of it fine, but painting etc is totally wrong i feel

    could we counter claim against him?

    thanks for any advice

    #2
    What he didn't do is irrelevant. For example, you mention that he was supposed to install double glazing after 6 months, but you lived there for 3 years.

    You are responsible for returning the property back to him in the same condition minus fair wear and tear.
    If you believe he is requesting more than that, then you are free to reject it.

    What company is holding the deposit?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by thesaint View Post
      What he didn't do is irrelevant. For example, you mention that he was supposed to install double glazing after 6 months, but you lived there for 3 years.

      You are responsible for returning the property back to him in the same condition minus fair wear and tear.
      If you believe he is requesting more than that, then you are free to reject it.

      What company is holding the deposit?
      It's dps who have the deposit.

      We stayed there cause he continually promised and sent tradesmen doing quotes. We were tied into 12 monthly ast contracts with no get out clause.

      Comment


        #4
        The time to take issue with the LL not doing things was when you lived there. You cannot counter claim against these issues as an excuse for not repairing damage, clearing debris and rubbish from the garden etc.

        You say you agree and will do some of the weeding and other things he suggests, but you have checked-out and no longer have a right to return to the property and rectify the things you should have done before you left. I am very surprised at the offer to allow you to put right some of these issues yourself at this late stage.

        After 3 years, the property would probably benefit from a thorough redecoration throughout anyway, but it appears the LL has not suggested you pay for anything other than the damage you caused, holes to be repaired etc.

        The fact that he is a newbie LL and you have paid rent on time and been excellent tenants is also irrelevant - your obligation under the tenancy agreement is to pay on time, keep the property in good condition and return it to him in equal condition to when you moved in.

        Was there a full and thorough inventory at the start of the tenancy, to compare with the report taken at the check-out? You can obviously contest his deductions with the deposit scheme, but if he has written proof of start versus end condition, I think many of these issues are down to you to have put right before you moved out, and he has a valid claim.

        Comment


          #5
          Originally posted by LesleyAnne View Post
          The time to take issue with the LL not doing things was when you lived there. You cannot counter claim against these issues as an excuse for not repairing damage, clearing debris and rubbish from the garden etc.

          You say you agree and will do some of the weeding and other things he suggests, but you have checked-out and no longer have a right to return to the property and rectify the things you should have done before you left. I am very surprised at the offer to allow you to put right some of these issues yourself at this late stage.

          The fact that he is a newbie LL and you have paid rent on time and been excellent tenants is also irrelevant - your obligation under the tenancy agreement is to pay on time, keep the property in good condition and return it to him in equal condition to when you moved in.

          Was there a full and thorough inventory at the start of the tenancy, to compare with the report taken at the check-out? You can obviously contest his deductions with the deposit scheme, but if he has written proof of start versus end condition, I think many of these issues are down to you to have put right before you moved out, and he has a valid claim.
          I am also surprised they offered to allow us back at the property after check out. I will do the weeding somehow, as I said I have torn ligaments and can't crouch down, or I can get someone else to do it. My question is where is the fair wear and tear?? Surely the landlord would paint after 3 years of us living there? I made every effort to get the correct colour, but he didn't know. I will paint the house myself or get our current landlord to do it, he is willing to do it.

          I think he is definetly suggesting we pay for the painting of the whole living room, landing and stairs.

          In the kitchen, there are two different colours as the agents contractors were not able to match the colour, so it looks shocking anyway, fe would have paint it himself anyway.

          I have never had this problem before and am quite annoyed about it tbh.

          Yes there is a full inventory. I took all my own photos after moving out as well.

          Comment


            #6
            Nobody said you are a bad tenant. The case is what damages exist and how much they cost. You can agree to the damages you dont dispute, and reject the rest. If you dont reach an agreement with the LL, you can refer the case to the scheme arbitration. They will decide based on the proof the LL has. From what you say, you agree with most of the charges. As far as painting is concerned, I agree that you should only pay a fraction of the painting cost. For example if the wall paint was to last for 5 years and you left it with nail holes, after 3 years you would be liable for only 2/5 of the painting cost.

            The LL will need to submit itemised costs and cant just keep your money. He can ask for as much as the repairs cost. Bear in mind that your liability is not limited to the £550 of your deposit and the LL can go to court and claim more than that. Or go to court anyway, in the event the deposit scheme arbitrator decides against him.

            I would agree that since you have moved out, you have no right to be in the property and the LL shouldnt allow you to do any work in the property. If he does, it seems like a gesture of good will. Although to be fair, if you dont agree that the work needs doing, you can just do nothing and wait for the arbitration
            All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

            Comment


              #7
              I agree that some work needs to be done.

              I suppose until I know how much he wants to deduct I shouldn't get to upset about it.

              I pride myself in being a good tenant and this has just made me never want to rent through agents or privately again! (Current ll is a friend)

              Thanks for the advice

              Comment


                #8
                Originally posted by pandaspot View Post
                Current ll is a friend
                And this is supposed to inspire confidence? Many a good friendship has been tested to its limit by mixing business with pleasure!!!

                Comment


                  #9
                  Originally posted by LesleyAnne View Post
                  And this is supposed to inspire confidence? Many a good friendship has been tested to its limit by mixing business with pleasure!!!
                  Well I certainly don't have much confidence in renting through agencies and private ll again

                  Current ll is more of an acquaintance than a lifelong friend

                  Comment

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