Landlord/Letting Agent withholding deposit

[DreamX]

Hi guys,

 

I'm sure these threads come up all the time so I'm sorry if you have to answer again! I have recently moved out from a rented property and after leaving the landlord is withholding the entire deposit. They didn't notify me of this and it was pure luck that I decided to log in to the dps website to see the dispute. I attempted to contact the letting agency but they wouldn't speak to me and didn't call me back.

 

The dispute has now gone to the ADR stage and I wondering what is the best way to tackle this and strongest way to provide my evidence?

 

In a nutshell the Landlord is claiming for one count of Damage, one count of cleaning and one count of unauthorised painting.

 

I really would appreciate any guidance anyone could give.

 

Regards

[Steve__M]

Is the evidence supported by a check-in and check-out inventory?

 

Are you contesting all of the claims?:

- did you cause the damage, and is it as bad as they say?

- did you repaint without authorisation?

- did the house need a clean?

 

Are the costs being charged reasonable even if the claims aren't true?

[DreamX]

Is the evidence supported by a check-in and check-out inventory?

 

Are you contesting all of the claims?:

- did you cause the damage, and is it as bad as they say?

- did you repaint without authorisation?

- did the house need a clean?

 

Are the costs being charged reasonable even if the claims aren't true?

 

Hi steve,

 

Thanks for the reply:

 

No, there was no check in/check out done at all...we did however take our own pictures on moving in and out.

 

- The damage is to a small 2 brick high wall which fronts the main road. The wall has always been loose and probably required a new layer of cement to secure it (probably 5-6 bricks in total)

- We asked if we could gloss the stairwell/spindles as the letting agent told us it had just been fitted and was in an unfinished condition, verbally the letting agent said yes. This is backed up by her inspections she undertook every 3 months without issue. The landlord states this is was an expensive oak staircase and it is now unrecoverable.

- The house was cleaned but the landlord is stating the stairs carpet needed professionally cleaning. Allowing for wear and tear the carpet is in good condition and photos were taken on leaving the property.

 

Also there is no mention of any specific cleaning instructions (ie get carpets professionally cleaned on exit) and no mention of decorating the house in the letting agreement.

 

Thanks

[ericsbrother]

damage to front wall done by you or just knocked by member of public and you being held to account? Your photos will determine most of the rest but the painted spindles will be a he said/she said so you will need to recall when you spoke to LA and if possible who it was there (male/female?) hopefully your phone records will be available to show the call was made event hough they cannot detail content. It will be enough for balance of probability unless you were on to them constantly.

Get a builder friend to estimate condition and repair cost and put it in writing on headed paper.

[DreamX]

damage to front wall done by you or just knocked by member of public and you being held to account? Your photos will determine most of the rest but the painted spindles will be a he said/she said so you will need to recall when you spoke to LA and if possible who it was there (male/female?) hopefully your phone records will be available to show the call was made event hough they cannot detail content. It will be enough for balance of probability unless you were on to them constantly.

Get a builder friend to estimate condition and repair cost and put it in writing on headed paper.

 

Thanks for the reply...the LA is just a single female who has showed us the property, performed all the inspections and checked the house when we left. We asked her about painting the stairs when we moved in but that was in person. Is it not relevant to the evidence that the LA performed her inspections every 3 months, checked the house when we left and also provided a positive reference to our new landlord....surely based on this it cannot be argued that they weren't aware it was painted? Also, the house was put on the market before we left the property and photographs were taken by an estate agent and passed to the landlord then the photographs were but on rightmove to sell the house...the stairs are shown in three of these pictures and are clearly white.

 

Is it worthwhile getting a copy of the 3 month inspection appointment letters along with a copy of the positive reference she gave to submit this as evidence?

 

Thanks

[DreamX]

Anyone?

[honeybee13]

Hello there.

 

I expect people will be along later, but as you may know weekends are quieter here. Please bear with us until the guys are available.

 

HB