Deposit deductions

[kinkajou]

Hi all,
I was a tenant in a flat for 6 months and just moved out last month. Unfortunately the tenancy does not come under the Tenancy deposit scheme as it is over £25,000 a year
After we moved out, the landlords send us a schedule of cost with invoices for work carried out (without informing us prior to this of any estimate for work carried out) we had not got the flat professionally cleaned, but as per the contract we were entitled to ''pay'' for this. They are professional landlords having many properties. In the schedule of cost they charged us £480 for repainting, £300 for assembling and taking out old furniture, £255 for prof. cleaning (small 1.5 bedroom flat). they claim that since the flat was newly renovated when we moved in, none of it was wear and tear and we had to replace the TV table, coffee table (there were some slight chips to these). thus, they are withholding 50% of our deposit (almost £1500). can they do this? i also suspect that the invoices are from people they know ( contractors etc. as their company deals with the same things like refurbishing) as the money on the invpoices is not broken up into the different work carried out. when i wrote to them disputing the work carried out, they wrote back saying that every item on inventory was ''soiled'' and the deductions are valid.
there is a check in and check out inventory however i never ''signed'' any of them.
Also according to the agreement, it is the agent who is supposed to keep the deposit, but when i questioned him he said that he does not have it. The agent though was on my side and i wrote him a letter saying he was responsible for the deposit and that i wanted my deposit which was not under dispute returned to me. he obviously told the landlords because today they wrote to me saying that while they were awaiting my response for their email (where they do not agree to my point of view regarding the repairs and deposit which was cut) they will send via registered post a cheque covering the rest of the deposit minus the repairs, painting etc. I need to know:
1) if I can still take them to court for the disputed part of the deposit if they return that part of the deposit which is not under dispute. (5/12-they have not returned the remaining amoung by cheque)
2) were they not supposed to give me an estimate for the repairs etc. and consult with me before going ahead with it.
3) when one moves into a new flat to live for 6 months, does one have to replace everything ''like to like'', i.e. new for new?

Please advice how i should proceed in this case. Since the deposit is considerable, i do not think it is correct for him to re decorate his premises at my cost and cut from my hard earned money.

[Joa]

Hi kinkajou; I was wondering whether you've seen this thread: http://www.consumeractiongroup.co.uk...ml#post1188882
Additionally, in response to your questions:
(1) yes, (2) as it is your money, the landlord should consult with you about how it is spent, unless the amounts are obvious, for example something that was agreed earlier. In reality however, landlords will often spend your money first and then inform you about it. And that's OK providing the expenditure is reasonable -no point arguing just for the sake of it. (3) if you've lived in a furnished property and paid to use it, you should never be asked to pay for "like for like" replacement. The replacement value is diminished by "wear and tear" of the items.

[kinkajou]

Thank you Joa. Your advice was very helpful and i have some confidence now to send them an LBA. I also read the information on the link which is a helpful guide on how to proceed now. I will keep posting here as and when the case develops. Cheers!