Unfair Deposit Withhold

[DaveOrinoko]

I recently ended a tenancy of just of 2 years giving all correct notice periods etc and have had the deposit returned with £280 taken out to repaint 2 walls. No mention of repainting was given during the check-out although the 2 walls in question were noted in the inventory as in Fair (not Good) condition with the note 'scuff marks to be removed'. I had verbally questioned this before signing the inventory with the check-out person but was told not to worry etc.

 

I have sent the Agent (who forwarded onto the LL) who by the way are really the same people just different company setups, an LBA asking to see invoices for the work done (99% sure it would have been done by the building maintenance man) or for the disputed amount to be returned but have only received a reply stating they would like to 'mediate' to find an acceptable amount. They also fprwarded on the Inventory CheckIn / Out, and photos of the walls in question. I don't recall photos of the walls being taken but he may have done when I was in other rooms?

 

Couple of questions to help me decide my next steps of either trying to get some/most of the £280 bacck through mediation or lodging a claim with the mydeposits DPS.

 

1. What is a fair assesment of costs to repaint 2 walls? especially given the scuff marks could, I think, have been cleaned off with a fairly good scrub. My own thought is that the £280 would have gone a fair way to paying to have the whole flat redone.

 

2. Is 2+ years long enough to claim 'fair wear and tear' on a dual occupancy flat for wall painting purposes?

 

3. If I go down the road of mediation with the 'agent' as go between between me and the LL and am not happy with how that progresses will that affect any future official dispute lodged with the DPS?

 

4. If I lodge a claim with the DPS is that essentially 'all or nothing' with regards to the £280?

 

Cheers in advance

 

D

 

2.

[raydetinu]

defo dispute the amount with the dps scheme, if they still hold it.

if rturned to LL then your only option is to sue the LL for its return and let a judge decide, or negotiate with LL prior to going to court.