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Help with tenancy/deposit


Ash
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Hello all :mrgreen:


Having just moved out of a rented property, I'm having some issues getting my deposit back. Basically the people who rented the property before myself trashed the house and did a runner. The landlady repaired the bathroom, but the house was still filthy. I spent two days before i moved in on a major cleaning spree. I am a very tidy person and when it comes too cleaning, i am very thorough, so by the time i was finished the entire house was spotless and gleaming, during my 8 months there i kept it like this and upon moving out, carried out the same cleaning process so it was left spotless.


The landlady is now saying that the house is dirtier than it was when i moved in, which couldn't be further from the truth considering my OCD when it comes to cleaning and the fact that the house was trashed when i moved in. She is saying that my deposit is not going to be returned because it needs to be spent on having the house professionally cleaned.


An itinerary was done and agreed on after i cleaned, noting the state of the house. She is now trying to go against this. For example, it says that the lounge carpet was stained, worn and dirty from general traffic, which it was. However she is now saying its worse than it was when i moved in, which i know is wrong because i have cleaned the carpet twice since moving in, never wore my shoes in the house and never spilt anything on the carpet. She also has no photographs of the lounge before hand, just the note saying that it was dirty and stained. She is also saying i should pay for the oven, bathroom, taps etc to be professionally cleaned even though they are a damned sight cleaner than they were when i moved in. She is also saying i didn't bother to hoover the house before i left which is utter bollocks as its the last thing i did when the house was completely empty.


Luckily she can not spend a penny of the deposit without my permission which i have refused to give her, however she is refusing to refund it. The estate agents are trying to tell me it is unpleasant for everyone if i go through the appeals process but wont give me a good reason why i shouldn't and at the end of the day £1000 is a lot of money. Also she didn't carry out the initial inspection, so why should she get to carry out the final one and say it is worse than before when she didn't see it before?


If anyone could help me with where i stand on this it would be greatly appreciated, or if anyone knows anything about the appeals process. I thought the estate agent was there to stop this sort of thing, but i pretty much feel like I'm being ganged up on by the estate agent and landlady, when i know I'm right.


:(


Ash

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I haven't got much experience of this but I have recently moved out of a rented property.


Do the estate agents manage the property on her behalf? Did you have regular inspections by the estate agents/her? If the inspections were carried out by the agents then they should have written reports from each visit, and I would've thought it was their duty to sort this out with the owner.


My deposit was held by an independent organisation on behalf of the agents/owner in case of scenarios like yours.


By the sound of it she's trying to pull a fast one!!

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This has happened a few times to me before and it's a known tactic by landlords just to keep your cash.


Any damage done that is 'general' wear and tear is fine and legally she can't retain your money from you for the general wear and tear.


You could also avoid the 'appeal' process and just say that you've consulted the CAB and been to speak to a solicitor using the free half an hour they offer and that you're prepared to go through court as you'll spend less doing that and should at least get some cash back.

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Yep all inspections were carried out by the estate agents, except for the final one to decide if we get the deposit back Susie. The estate agents manage the property for her aswell, its only now she seems to want to stick her beak in! The trouble is the estate agents dont seem to be particularly helpful though and only seem interested in trying to push me into not appealing. They have however said they didnt think the house was that bad, except for the carpet, which as i said was in desperate need of changing before i moved in and they havnt got any evidence that i have created new stains.


PhatDad, thanks for that information, very helpful indeed :cheers:

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Seems to me that the agents are just trying to wriggle out of their responsibility & take the easy way out!


If they were managing the property then it is their responsibility to sort it out and THEY should've carried out the final inspection - if they didn't then they've neglected their duty.


As Phatdad says, take it up with C.A.B as I'm sure they'll be able to advise you of your rights & it shouldn't be necessary to go to appeal.

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I'm in the same posistion but i haven't signed anything and i moved out a few days earlier than we agreed (paid until the end of the month).


I like PD's advice about the CAB because i'm getting no response from her. Its been about 3 months now and i'm getting impatient.

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Hi mate ,

If you paid your deposit to the agents it should be held protected by a third party company such as mydeposit . This only came into force a few years back. Ask the agent who the deposit is with and lodge an appeal 9 times out of ten the landlord will back down.

I hate the way they try to rip you off - especially if you've been a good tenant .


All the best

Cheers

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Put in writing that you require the deposit to be returned in full by a specific date. Give a reasonable period for this.


State why you dispute her justifications for retaining part or all of the deposit. Ask for any evidence that supports her position.


Make it clear that if the depsit is not returned that you will take her to the county court (small claims court) This costs about $30 but you get that back if you win and you won't be liable for any legal costs she incurrs.


Also write to the estate agent asking them to notify you in wiriting of any issues they had with the maintenance of the property during your tenancy. State that you intend calling them as witnesses if you have to take the landlady to court. Hopefully this will encourage them to put pressure on her to return some or all of your deposit.


Keep a copy of these letters.


Hope you get your money back.


It may also be worth tipping the new tennant off to her tactics and tell them to take photos of the place as it is now and get the agent to certify and date them. Then they can avoid a similar dispute.

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Cheers Jase, yeh that's what pisses me off so much, the last tenants were always late with rent, trashed the house, broke and damaged stuff, didn't follow the rules like no pets. I followed every rule to the letter, kept the place spotless and was never late with rent and now she tries to burn me :evil:


Cheers for the advice oldgreg, and I've always wanted to ask :P is your name anything to do with mighty boosh? :mrgreen:


And Spire, very very helpful advice, cheers mate :cheers:

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I`m with all the above Ash, don`t for feck sake let her get away with it no matter how long it takes. SHE`S WRONG....YOU`RE RIGHT...simple.

Failing that, get into the place (legally if you can) and make bloody sure you do a grands worth of damage, That way she won`t be able to spend it on herself :wink:

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Google deposit protection scheme. They, by law, administer deposits and claims against them. The landlord has to pay the fee if they are challenging the return of the deposit. You should be able to apply direct for its return.

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