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Money being kept back for rent & rubbish

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« on: August 25, 2020, 06:14:52 PM »

Hi everyone. I'm new to this forum. I've just left a house that I was renting from a married couple. The landlord wants to keep back a large sum of money, that will be taken out of the deposit. He wants 334 for a week's worth of rent, due to the fact we left just a day after the tenancy had ended. He also wants 150 for the wheelie bins to be emptied, and 100 for some of our belongings to be taken away, that were left behind.

Firstly, it was impossible to move on the last day of the tenancy. I believe the bins are not our responsibility, but his. The items left behind are on the outside of the house. The tenancy agreement states, any items left inside the house can be charged for, to be taken away. We were going to originally have these items collected by the council.

Is the landlord legally allowed to keep this money? And if so, how can we dispute it?
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« Reply #1 on: August 25, 2020, 06:46:11 PM »

Why wasn't it possible to move on or before the last date of the tenancy? Did the landlord prevent you?

Junk left outside vs junk left inside is splitting hairs: you still left it for the landlord to deal with. That said, 100 seems excessive: I think our local council charges about 30 for large items.

Your best bet would be to use the dispute resolution service provided by the approved tenancy deposit scheme with which your landlords protected your deposit. Within thirty days of taking your deposit, they should have protected it using one of the approved schemes and provided you with all the details as part of the Prescribed Information. If they didn't do that, then this doesn't end at all well for them.
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« Reply #2 on: August 26, 2020, 11:40:38 AM »

These charges would all be clearly outlined in the Check-Out document I would give you around one month before the tenancy ended... trying to define a line between rubbish you left behind "in the house" and "outside the house" must surely be some kind of joke on your part? It's your rubbish. The property - as a whole - must be left in the same state it was at the start of your tenancy... the Landlord is not your personal bin man - get a grip on your own life. Likewise, my Check-Out document states the bins should have been emptied... it is your responsibility, not the Landlord's. Who knows how long it might be until another Tenant empties the bins - that's why it is reasonable to expect the outgoing Tenant would sort this.

Finally... you must be having a laugh here... you stayed on beyond the last day of your tenancy because "...it was impossible to move on the last day of the tenancy"? That's what planning is all about. If you can't move on, or before, the last day of the tenancy (and you haven't made arrangements with the Landlord to do so) then you actually should stay on for another rental period - usually a month, right? And if you had stayed on in my property beyond the last day that's the bill you would have gotten - a month. You don't get to decide to leave and then decide not to - that whole idea is ludicrous. So, yes, you must be having a laugh here, I sense it clearly. The whole premise you're putting forward here sounds amazingly befuddled.
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« Reply #3 on: August 26, 2020, 05:35:28 PM »

I would be pretty annoyed if a tenant stayed on an extra day without discussing and getting agreement about extra rent that was owed.It is not the landlord's fault if you could not move out on the day. Why did you fail to get the stuff left outside collected by the council ? Do you think that moving it outside would make it disappear by magic? The fact that the landlord wants to charge for the wheelie bins makes me wonder if you left them piled high with stuff,which the binmen refused to take, requiring a visit to the tip.You may wish to negotiate the amount you owe, but I think you should offer to settle without dragging this out.
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« Reply #4 on: August 29, 2020, 10:42:08 PM »

Did your landlord put your deposit in a rent deposit scheme within 30 days of moving into the property?  If they did you mediate with the deposit scheme they arbitrate disputes. If your deposit was not put in a rent deposit scheme you can claim compensation.

Charities and the local council have advised me not to leave on my leave date, landlords can't evict you without a court order.
« Last Edit: August 29, 2020, 11:05:21 PM by Danmagnamius »
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« Reply #5 on: August 30, 2020, 01:46:50 PM »

Your situation is vastly different to a normal tenancy... and you are in a full-scale war with your Landlord... this Tenant was just a numptie and played games and is now moaning about (on the face of it) reasonable deductions. And, besides that, they're already gone...

Not everything gets to the point where they require formal third-party assistance with reaching a resolution - sometimes people do accept being told that they're effectively kicking-up a fuss unreasonably. Sometimes they don't.
« Last Edit: September 02, 2020, 10:35:22 AM by Hippogriff »
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« Reply #6 on: September 01, 2020, 11:35:02 PM »

I don't have a huge amount of sympathy with the OP and believe the issues have arisen through a lack of proper planning. Personally I think it is a lack of courtesy to the owner to leave your possessions behind creating a problem for them to deal with.

However if you have an AST and deposit protected through the DPS then write to your landlord to make it clear why you disagree with the deductions.  If you really can't come to an agreement then you can raise a deposit dispute and let the DPS decide if the deductions are fair.
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