Letting Agent Not Starting Deposit Return Process

[mystic_bertie]

Hi Guys. My tenancy ended at the end of January 29th. There was an independent company did the pre and post tenancy inspection. I believe i left the place in good decorative order and cleaned to a decent standard.

 

I recently got an email from the letting agent (who had changed hands) to deduct stupid amounts for minor wear and tear and because of some minor marks on the walls where i had filled and touched up the holes i made hanging small surround speakers. From what i know the DPS is supposed to handle the deductions or claims and not the letting agent. I was very rude to them and i accused them of ripping me off, i also asked that this be referred to the DPS to handle. Well its been a few days and i have heard nothing despite me sending a further email to ask for this to go to the DPS. What should i do next guys?

 

This is the email they sent.

 

Quote

 

Following on from the checkout at xxxxxxxxxxx I can confirm the following claims are being made from your deposit.

 

Deposit paid

£850

 

Deductions

£100- Painting to front reception room- 2 walls( see checkout report 7.3 Heavy black scuff mark to mid-level wall, right of fireplace. ;4 filled and painted small fixing holes to wall left of fireplace, and again to wall opposite fireplace)

£180 – Painting in rear reception room – 4 Walls(see checkout report 8.3 Moderate low level scuff marks to all walls)

£50- Painting in bedroom 2 – 1 wall( see checkout report 14.3 In excess of 10 additional large paint touch up marks to left wall towards window)

£25- Replace curtain track bedroom 3 (see checkout report 15.9 Curtain track is loose to wall fittings and laid to floor with curtain attached)

£25 – Replace damaged freezer drawer

Total deductions

£380

Amount to be refunded

£470

Please let me know if you are happy for me to proceed with processing the payment.

 

 

[BankFodder]

I would say that they certainly aren't entitled to recover the costs of normal wear and tear.

When somebody rents out a property then they have to expect that it is going to be used and of course their asset will deteriorate as a result – and that is partly what the rent is for.

If there is damage which goes beyond that then that should certainly be paid for.

It seems to me that the holes in the wall definitely need to be addressed. Damaged freezer drawer. Curtain track. But if the scuffing on the walls is simply part of the ordinary usage of the property then that may well be considered wear and tear.

I'm afraid that being rude while they've got your money and you don't have it – is not necessarily the best approach.

Did you take photographs of the property as you left it? Did you take photographs of the property when you first moved in?

[BankFodder]

Just to add – I would suggest that the best strategy is to decide on which deductions you agree upon and then write to them and approve those deductions and ask them to pay those ever immediately and then put the others in dispute.

This will demonstrate goodwill and positive approach and also reduce the size of the dispute value which will be helpful later on

[mystic_bertie]

Thanks for your reply. I dont have any pics of before and after. The independent inspection did though. 

 

As you say any scuffs on the wall are down to wear and tear. I did fill in the holes that i made on the walls, i dabbed them with the correct colour of paint to blend them in. The walls already had many patchy areas due to previous patched up areas. There is also a big nasty crack that goes from the ceiling to the top of the fireplace, that has always been there. So the living room is not exactly in excellent order to start with.

 

I fixed the freezer door before i left but i guess the superglue did not last, the inspection woman certainly did not notice it. They have picked up on this after the inspection and key hand over. I guess i cant deny that one.

 

The curtain track. I complained about it many months ago. The little cheapo clips keep on failing, its impossible to hang the rail up due to it's cheap and nasty design, i did try many times. I just left it as i did not use that room. I was sick to death of the amount of time i wasted due to repair men and electricians in and out my house, i was not going to waste more time because of a curtain rail.

 

 

[mystic_bertie]

7 minutes ago, BankFodder said:

Just to add – I would suggest that the best strategy is to decide on which deductions you agree upon and then write to them and approve those deductions and ask them to pay those ever immediately and then put the others in dispute.

This will demonstrate goodwill and positive approach and also reduce the size of the dispute value which will be helpful later on

 

Thanks for your reply. I thought they had to send it to the DPS to decide on. I did not think they were supposed to try and get me to agree on the claims before hand. I told them i dispute all their claims but they seem to be blanking me. I will write them another email regarding the freezer door and see if it makes any difference. 

 

Am i able to start the DPS process to get the ball rolling or is it only the letting agent that can do this?

[BankFodder]

I'm afraid that I don't know what the proper procedures are but although you filled the holes in the wall and painted them, it was obviously not good enough that they didn't notice it.

I'm afraid that I'm not competent to comment on the correct procedures which should be followed. Maybe somebody else will come along here and help. Also I can only advise you as to the principles of "wear and tear" as I understand them – but I haven't seen the marks that they are referring to. However it's not unknown for landlords to expect to be able to get an entire professional paint job at the expense of their ex-tenants.

You didn't take your own pictures going in and you didn't take your take own pictures going out – Big Fail.

[mystic_bertie]

On 08/02/2020 at 09:28, BankFodder said:

I'm afraid that I don't know what the proper procedures are but although you filled the holes in the wall and painted them, it was obviously not good enough that they didn't notice it.

I'm afraid that I'm not competent to comment on the correct procedures which should be followed. Maybe somebody else will come along here and help. Also I can only advise you as to the principles of " wear and tear" as I understand them – but I haven't seen the marks that they are referring to. However it's not unknown for landlords to expect to be able to get an entire professional paint job at the expense of their ex-tenants.

You didn't take your own pictures going in and you didn't take your take own pictures going out – Big Fail. 

 

I believe i touched up the walls to an acceptable standard, i just hope the adjudicator agrees. 

[mystic_bertie]

Some good news, for some reason i am getting the full deposit back without any deductions, i confirmed this through my DPS account today. I dont know why the letting agent has decided not to claim against me but im not questioning it. I did think they were out of order claiming for wear and tear items. From what i know they should not be claiming this off me, they should be doing it through the DPS.

[stu007]

Hi

 

That is good news that your are getting your deposit back but wait till you have actually got it back just to be sure.

 

For future with an Landlord/Letting Agency when you move into a property it is always advisable to take photographs of every little thing not just the obvious damage/faults and the exact same when you move out.

 

As for the Deposit this should have been protected in a Tenancy Deposit Scheme and you should have been given a copy of the prescribed terms of that scheme by the Landlord/Letting Agent.

 

Yes the Landlord/Letting Agent on move out will claim via the Tenancy Deposit Scheme for damage but you should also have contacted that specific scheme yourself requesting your deposit back/complaining to them/refuting the Landlord/Letting Agents as well as complaining to them only.

 

.

[mystic_bertie]

On 12/02/2020 at 00:26, stu007 said:

Hi

 

That is good news that your are getting your deposit back but wait till you have actually got it back just to be sure.

 

For future with an Landlord/Letting Agency when you move into a property it is always advisable to take photographs of every little thing not just the obvious damage/faults and the exact same when you move out.

 

As for the Deposit this should have been protected in a Tenancy Deposit Scheme and you should have been given a copy of the prescribed terms of that scheme by the Landlord/Letting Agent.

 

Yes the Landlord/Letting Agent on move out will claim via the Tenancy Deposit Scheme for damage but you should also have contacted that specific scheme yourself requesting your deposit back/complaining to them/refuting the Landlord/Letting Agents as well as complaining to them only.

 

.

 

Thanks Stu, Just to let you know the full amount is in my account. It looks like the letting agent were trying to rip me off after all. 

 

Thanks for the advise, the next property that i rent i will take pics before and after as i cannot trust the lying thieving letting agents.

 

I was given a copy of the DPS literature but all the emails from them were in my spam folder and i never know they were there. 

 

 

[stu007]

Hi

 

That is good news that you now have the deposit back and well do to you for preserving with this and hte help provided you are more than welcome.

 

Remember to have a wee look through our CAG Private Renting area have a good read especially post#4 & 5 with the PDFs that will be of help in future:

Again well done and your update is appreciated as it may help others

[mystic_bertie]

On 16/02/2020 at 01:24, stu007 said:

Hi

 

That is good news that you now have the deposit back and well do to you for preserving with this and hte help provided you are more than welcome.

 

Remember to have a wee look through our CAG Private Renting area have a good read especially post#4 & 5 with the PDFs that will be of help in future:

Again well done and your update is appreciated as it may help others

 

Thanks for the guidance and links to help with renting, much appreciated. :)