Landlord not responding to deposit reclaim

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    Landlord not responding to deposit reclaim

    My deposit is in the custodial scheme with DPS. The tenancy ended 15th April and the landlord has stated various charges, with no evidence, which I have disputed. The deposit was £895 and I have already agreed to certain charges, which I think are reasonable. The charges I have agreed to are for carpet cleaning, general cleaning and oil (check in inventory states 2 inches), but I will not agree to the rest. I waited until 22nd April then submit a reclaim with DPS; I have still had no response from the landlord. I emailed the agent with details of what I agreed to and what I disputed but have received no response from them either.

    It seems I now have to submit a statutory declaration to support my claim and wait a further 14 days for the landlord to respond to that. I have agreed to £486, which leaves me with £408, and I have detailed how this is made up. If he had disputed the amount claimed formally, I would have insisted on a detailed quote for the cleaning as I suspect he is going to do it himself and charge me £140. The carpet cleaning was an agreement of the tenancy as I had dogs at the time and I arranged that myself, with the agent's recommended contractor. I agreed with them and the agent that they would be paid directly out of the deposit.

    I suppose it is too late to change my mind and insist on a detailed quote/invoice for the cleaning, since he has ignored me completely?

    #2
    If the cleaning is "worth" £120, a figure you were, presumably OK with, does it matter who does it and how much they charge for it?
    I can appreciate that it's frustrating when nothing seems to be happening, but if you try and change things, isn't that just going to cause more delay?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      If he had responded at all, I would not be thinking this way. I expect it is a fair figure, but if asked to pay for professional cleaners that is what I expect to get. If you engaged 'professional' cleaners, would you be happy if they sent their granny round with a mop and bucket?

      What I really want is something that will move things along a bit quicker, but I suppose that is out of the question. I have not only got to go find a commissioner for oaths, I've got to give the LL another fourteen days after that to response.

      Comment


        #4
        The landlord is entitled to compensation for either any loss in value of their asset(s) beyond fair wear and tear, and for any loss arising out of your not doing something you'd agreed to in the tenancy agreement.
        So it depends on exactly what the agreement says.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          I agreed as part of the tenancy agreement to cleaning carpets. The photographs taken at the check in by the agent show about 2 inches of oil so I am happy to replace that. I am happy to pay for the cleaning, providing it is professional, and all these things I have agreed to anyway. The other things he wanted to claim for are just lies really, like saying the drains were blocked when they weren't. I put my reclaim at £408.21, leaving the rest to pay the things I had agreed on and hoping he would see that as reasonable and agree, thus allow the deposit to be released. But he has done nothing. Not much I can do now, I don't suppose, but thanks for your input.

          Comment


            #6
            #RB.
            LL is only required to submit estimate of costs, based pref on prof estimate, not paid invoices.. He need not proceed. He can do work himself. If cleaning is 'inadequate he will poss get grief from next T.
            Your duty is to return property in similar condition, less FW&T, according to AST requirements. You could have paid for cleaning yourself and if inadequate (granny with mop), LL could still claim cosr for a prof 'pet clean' from deposit, leaving you to seek a refund from your Contractor.
            It is unusual for DPS to require you to provide a 'Stat De', unless you mean just signing a statement on your submission of realistic pre-estimate of costs.
            Your deposit is protected, so request DPR ADR (which LL can decline) and let them sort it out. Any undisputed deposit amount should be returned to you within 10-14 days. A decision on the remainder will take sig longer.
            I always require T t pay for prof 'pet c;ean' at end of T as part od my Agreement for T to keep pets.

            Comment


              #7
              I was happy to pay for cleaning and engage someone myself, but I couldn't get anyone to do it before the end of tenancy so I left it to them. I am happy to pay for cleaing, have already had the carpets done and that's in hand. I have agreed to everything but not the things he is lying about, like blocked drained. I phoned the DPS on 22nd, and was told I needed to start the reclaim process, then wait seven days for response. If no response I had to start a single claim which involved a statutory declaration witness and sworn by a commissioner for oaths. Then when that goes back to them, I have to give LL a further fourteen days to respond. There was no other way with this service to start a dispute. They said LL had to provide detailed quotes/invoices/receipts not just fish a figure out of the air.

              Never mind. I shall send back the SD and wait and see. Can't do much else.

              Comment


                #8
                " I phoned the DPS on 22nd, and was told I needed to start the reclaim process, then wait seven days for response. If no response I had to start a single claim which involved a statutory declaration "

                When you start step 1 of return process, 7 days is min time LL could respond realistically. Whole deposit is effectively frozen until LL responds, to prevent LL delay until he can start own single claim after ~28 days, he would be required to swear his own Stat Dec before receiving deposit. If LL & Ts estimate of cost is at variance, then T can request ADR to resolve and any undisputed amount should be released to T within 7-10 working days. T Stat Dec is only reqd if T wants to start single clam for full deposit return (like LL). Process may appear convoluted, but is to protect Ts money from unscrupulous LLs. One reason no T should expect deposit return in time for next Tenancy signing.

                Comment


                  #9
                  The FAQ says it has to be claimed within fourteen days of tenancy date end, which is Thursday (tomorrow). That is why I started the claim, because I have had no response from the LL.

                  Comment


                    #10
                    Originally posted by RoseBrazier View Post
                    if asked to pay for professional cleaners that is what I expect to get. If you engaged 'professional' cleaners, would you be happy if they sent their granny round with a mop and bucket?
                    That must depend on how good a cleaner their granny is. She might be better than a so-called 'professional'. (My granny certainly was!) The term 'professional cleaning' is a real sack of worms. It has no objective meaning.

                    It's like saying 'I had a burger cooked by a real professional today'. (That person might have been an employee of MacDonalds, or it might have been your Dad). Is it possible to know simply from this statement how expertly cooked the burger was? Of course not.
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                    Comment

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