My flatmate and I recently left our flat. We asked about our deposit and were told by the agency that there would be £600 deductions.
We checked the reasons and are able to dispute most of them. The damages they’re attributing to us were actually there when we moved in and to add to it we had asked about repairing some of these things but it was never done. I’m confident that we left the place in better shape than when we arrived.
Of course the check in photos are not as zoomed in as the check out ones and the check out report is so much more detailed.
I’m now wondering if this inventory is still valid
the original inventory was done ion 2021
we made some notes, ask for repairs(not done) and accepted by email (I realise now we never signed the actual document)
The other original tenant moved out and was replaced but no new inventory was done. We had a new contract every year including one with the new tenant.
Also it’s been 4 weeks since we responded with our counter claim and the agency hasn’t responded.
Are any of the above points solid enough to kill their claim?
I’ll add that this is all in good faith and that we haven’t done any damage to the property. I even repainted a wall to give it back in the same condition we found it in.
If a tenant has been removed and a new tenants added onto a new tenancy, id suggest the old inventory is invalid, unless there was written agreement to the contrary.
Landlord/agent has little chance of success. You will have the opportunity to put your side of the issue to the deposit scheme if they take it this far which I doubt. They may try to compromise on a lower amount, but I would just decline this given what youve said.
A quick update on this for those having similar issues.
WE WON!
As explained above, we started a dispute with DPS.
1 - Fill and send back a form. DPS sent this form to the landlord who in our case did not acknowledge it and by default entered the dispute.
2 - We had to sent proof. I sent our contract and explained that there was no valid check in report for the latest tenancy as the most recent tenant had not been offered a check in inventory. Adding to that, we never actually signed the original check in report… (an honest mistake which I thankful for)
3 - After roughly 3 weeks, The adjudicator came back in our favour - it turns out the landlord did not engage with the process (they had a 2 weeks to do so, same as us) so all proofs were in our favour
4 - The landlord had not submitted the deposit amount to DPS during the dispute process so insurance came into play and I had to gather a bunch on CERTIFIED document to the insurance (this has a cost and can be done at the post office).
5 - The landlord ended up sending the money to DPS so I will get my deposit back in the next 3-5 business days
This started in March … So it’s a loooooong process and my guess is that agencies and landlords are counting on people being in a rush and needing their money fast which I understand. Luckily, I wasn’t counting on this money to pay my next deposit or rent in advance for the new contract so I had time and anger to put in this process. But I know this is not the case for everyone and they know that!
If you can afford to wait, do it… DPS have been very helpful and clear in their emails and convos over the phone.
Hope this helps.
Thanks for those who responded above
F