Letting agency claiming additional deductions from deposit after dispute

[garthferengi]

I recently moved out of a shared flat and the lettings agent sent through a dilapidation report detailing any damage to the property, missing items etc. and the deductions from our deposit that would be made as a result.

 

About half of their claims were reasonable, but about half weren't so we disputed what we felt we needed to. We asked for a detailed breakdown of the costs and evidence of the damage (costs had been lumped by room rather than by each item). In response they asked for a counter offer, said a breakdown of costs was not possible, and made reference to 'expensive work' that would need to come out of the deposit but that was not mentioned in the original report. At this point it felt like they were trying to intimidate us into accepting the original offer.

 

We sent a counter offer and they said they would pass it to the landlord.

 

We did not receive a response to the counter offer, but rather a list of costs for additional work done to the flat far exceeding our deposit (painting, carpet replacements, things like that) that had not been outlined as necessary in the original report. They made no mention of the original report, nor our counter offer, but said a compensatory charge amounting to our full deposit would be required.

 

Their behaviour has been odd and has seemed like the longer the dispute has gone on the more they are trying to charge us. I get the feeling they are trying to intimidate us to forking over the whole deposit but I don't want to gamble that, call their bluff, and wind up owing them much more.

 

Any advice would be greatly appreciated.

[Steve__M]

Find out where your deposit is protected and start the dispute process.

 

Do you have a check-in and check-out inventory?

[king12345]

More and more often I read and hear about letting agents acting in a despicable way.

They seem to have become the car salesmen of the property market.

As mentioned check if your deposit was protected, I bet it wasn't.

Then you can dispute the request via the dps or the courts accordingly.

New carpet and full redecoration of the house??/

They must be joking!

I bet they would also claim the 10% tax relief for wear and tear, classic trick to be better off and keep the deposit

[*RainbowTears*]

I agree with the posters. Do check to see if your deposit was protected & if so who with. (You should have received a notification of what scheme it's with & the account details, so you were able to check on it/ask for it back etc).

 

Did you also receive/do an ingoing inventory, if yes did you yourself do a snag list? (reporting anything not written on the inventory).

 

Lastly the outgoing inventory. Usually a LA do one with you present. (But not all do this). Now they have to allow for reasonable wear & tear, esp depending on your length of time you lived at the property. I.E. 6 mths Vs 6 yrs there will be a significant amount of wear & tear.

 

Ask the LA for a full written, detailed report that stares what they are trying to claim for. It's your right to dispute this if you don't agree with the LA. EDIT: Did you take any pictures showing the state of the property you left?

 

This is where having your deposit in a protection scheme & having access to it helps you to deny the LA taken £X as they think so. The DPS can & will mediate if needs be. (I've had a DPS do this for me a few years back).

 

Failing all the above then head to your local Council housing office & ask them for help. From my own personal experience Shelter gave helped me in the past.

 

I do hope you're able to get this sorted. Good luck!

Edited February 13, 2016 by *RainbowTears*
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