SMF - Just Installed!

How far should I go to resolve a deposit dispute?

Started by Peggy, October 22, 2014, 04:35:16 PM

Previous topic - Next topic

Peggy

I have just moved out of a rental house. Landlord checked it on Sunday and flagged 3 problems:

1) a small stain in bedroom
2) what looks like a water stain under a skylight window in bedroom
3) he doesn't think that we had the carpets professionally cleaned as per our contract because the pile was still flat

wrt 3). I have a cleaning business and I know flippin' well that the carpet was cleaned extremely well. We checked with the people that we bought our commercial extraction machine from and went through what we did. They called it enthusiastic and over-the-top thorough cleaning. The pile was not lifted because our contract was to clean the carpet professionally, apply tick & lice treatments and deodoriser (because we had a dog), not to pile lift which is a different service requiring different equipment.

wrt 1 &2). I believe it's wear & tear. However, we agreed to come back with cleaner and see what we could do before our contract actually expires (which is 23rd - tomorrow).  Landlord agreed. We handed over all the keys apart from the back door and the last thing I said as I left was 'don't put the security bolts on or I won't be able to get in'.

Next day (Monday of this week). Turned up with cleaner + all the kit & couldn't get in because the security bolts were on. My husband called Landlord, & landlord basically said he didn't agree for us to have access (begs the question of why we still had the back door key....). Then said that he wanted his wife to be there to oversee any work (basically because he doesn't think we did it & wanted to check that we actually had a cleaner). My husband went up the wall....

Anyway, I called his wife and arranged to meet her on site Tuesday - both day & time chosen by her.  Got a text Tuesday am to say she couldn't make it. Sent one back to ask when I could have access. No response. Sent another. Got a response to say she wasn't sure if she could make it at all so just drop the key through the door.

Left a message on her mobile today to ask when we could have access - no response. Sent text to Landlord - no response. Sent email to both his email accounts - no response.

I had made it clear that I wanted to get into the house to see what we could do by cop 23rd as that is when our contract ends & I also told them we were away for 1/2 term which starts 24th.  I guess his strategy is to now say that as he's away this week, he couldn't give us access and his wife also suddenly found that she was too busy to give us access this week. Therefore they'll hire their own contractors and try to take it out of our deposit.

My basic question is should I keep harassing them to get access? Should I offer to go in after 1/2 term to fix the problem? Obviously I don't want to pay for their cleaning contractors when I have already paid for my own & can get remedial action done for free (yes I did pay this as a legit customer even though I run the company).

Hippogriff

In simple terms, don't agree with any deductions and have the issue taken through the ADR process of the deposit protection scheme, where an objective third party will decide for you (both). Keep all your records and your attempts to resolve without going to ADR... but the onus of proof is entirely on the Landlord... the Landlord must be able to justify why the deductions are reasonable. If their Inventory is lacking in any way, they'll have a tough time.

Peggy

Many thanks for your very speedy and helpful response. I have kept meticulous records of my attempts to get access to the house. Landlord is now saying that we're the ones that have demanded that the ADR process is used (errrr....why have I spent all week trying to get into the house to do spot cleaning on the 2 x marks?).

I have one follow up question wrt Superstrike:

Could I argue, when asking for my deposit back, that the Landlord is not entitled to keep any of the deposit anyway because he did not reissue the prescribed information when the contract moved from a 6 month SAT to a periodic one. i.e. he did not restate the conditions under which the deposit could be retained by him at the end of the tenancy?  Or does Superstrike only apply in S21 situations?

Just wondered if it was worth noting this before going through the ADR process.

Thanks


Hippogriff

#3
It seems you have a line of communication open with the Landlord. I think I would be stating something like this...

As the Landlord is attempting to make deposit deductions you don't agree with then, yes, you are going to request ADR. Why wouldn't you? After all, the Landlord has to provide all the proof. If the Landlord doesn't have a rock solid Inventory then it is unlikely they will be successful. Add to that, even if the Inventory is good... there is the question of wear-and-tear and an Adjudicator might take the same position you do.

As the Landlord did not re-serve the Prescribed Information when the tenancy went periodic, they have broken the law. It's a bit of a silly law and there has been a lot of confusion regarding it, but the fact remains that it should have been re-served when the tenancy turned into an SPT. You could take your Landlord to Court and a penalty may wing its way toward you (from your Landlord).

I would suggest the Landlord return your deposit in full and walk away from this situation, otherwise, yes, you will request ADR and, yes, you will also sue for the Landlord not dealing with the deposit correctly when the tenancy turned into an SPT. If this course of action is outlined, I would hope that you would get your deposit back, in full, soon after. Although some people can be very stubborn and, if nothing comes of it, then you do need to be willing to follow it through and this could cause further delays to your deposit being returned, I guess.

I think that's what I'd do... your position may be different.

That said, there is reasonableness here too. Is there a deduction you would be happy accepting and could that be offered to the Landlord as a means of short-circuiting all this? Maybe the Landlord wants £X but you would be willing to accept £Y... both are a deduction, but one is more palatable... it's not what anyone wants, but it's acceptable to both when considering the alternatives.

I'd probably stop trying to get access now... you have good records of your attempts which should serve you well if they are required.

Peggy

Thank you for such a thorough response. I agree with what you suggest. I will write to the landlord requesting return of deposit in full and see what comes of it. Next course of action is to try and negotiate a settlement that we can both live with. After that ADR and hopefully nothing after that.

I am a landlady too so I do understand both perspectives and would rather get this done and dusted quickly as it has taken up a lot of time that should have been spent working.