Ensuring a Rental Deposit is Returned

[martinRPS]

My partner and I are due to leave our flat in 6 month's time. We are concerned that the deposit will not be returned.

The letting agent has been infuriating throughout the tenancy - hence our leaving. After researching them online, we have seen numerous stories of ex-tenants having their deposits unfairly withheld. They are a member of the Tenancy Deposit Scheme, FWIW.

When we moved in we were provided with an inventory (detailing the condition of property) to sign. But we refused because it was so wildly inaccurate. Everything was scruffy and uncared for, yet described as 'immaculate'. Photos were many years out of date.

Because we refused to sign, the letting agency asked us to take photos and note any discrepancies. But there were so many, that we requested they come to the property and take a new inventory. In the end, none of these were done.

Are there any steps we can take - now - that will weigh things in our favour when the time comes?

[Diana M]

Re: Ensuring a Rental Deposit is Returned

It's a pity you didn't take photos or note the discrepancies. The Check-In/Inventory is key with any tenancy deposit dispute. The Arbitrator will base their decision on before and after evidence.

Some inventories say on them that they are deemed to be accepted as factual unless challenged within seven says etc. So the fact it's not signed by you may not help if it says that. Does it?

Do you have an email exchange with the Letting Agent which proves you didn't agree to the Inventory?

How long have you been in the property and is it managed by the agent with quarterly or six monthly inspection reports on the condition?

If the Landlord wants to claim that the property was in immaculate condition when you moved in then they would be expected to provide proof (receipt) of a professional clean etc if they want to deduct the cost of a professional clean from your deposit when you leave.

A tenancy agreement should state the various 'issues' which could be relevant to deductions from the deposit. It will also state all the things a tenant 'covenants' to do such as clean the windows, or clear the gutter of leaves, or cut the grass etc.

One common clause is the tenant should pay the utilities, council tax, TV licence etc and must provide evidence that these have been paid at the end of the tenancy. If that is in your AST then be prepared to provide proof otherwise the Landlord may retain some money until you do. This is because some/most of those items revert back into the Landlord's name when you vacate (unless a new tenant moves in a day later).

You say your Deposit has been registered so at least you will have a voice in what happens at the end if you're not happy with the suggested deductions.

In what way has the agent been infuriating throughout the tenancy so far?

Di

[martinRPS]

Re: Ensuring a Rental Deposit is Returned

Thank you for all that Di, it's very helpful.

I no longer have a copy of the inventory, so I can't check. But we do have an email exchange that shows we were unhappy with the inventory, and we do have a few photos - but I wish we had more. (I thought I had mentioned all of this this before, I'm sorry I must have edited out of my last post by mistake).

If required, we do have proof of all utilities having been paid. We have met our obligations in terms of keeping it tidy / clean / in good order. All inspections reports confirm that to the best of my knowledge.

I think we'd have a pretty strong case. But they're a big agency, with lots of resources. After our experience and the stories I've read, I don't trust them one bit!

In what way has the agent been infuriating throughout the tenancy so far?

It's quite an expensive apartment, but is in need of a revamp. Appliances and fittings are of the age where they regularly break. Which wouldn't be a problem, but it takes months to get them fixed, if they're fixed at all. So at any one time, there are a number of issues outstanding - for example, currently:

- Cooker ventilation hasn't worked for 7 months
- A living room window was stuck open for 2 months (in winter)
- Lighting in kitchen / living room were broken for 4 months - after extensive nagging they were replaced with some truly evil LEDs - so now our main room has a nice basement car park effect
- Dishwasher broken for 6 months (this sink is tiny and doesn't drain well, so that's more inconvenient than it might initially appear)

We constantly have to chase them up about everything. They always say that they're waiting on the landlord's response, but nothing gets done.

Another sore point is the gas fire. When we initially viewed the property we specifically asked about this. The Rep assured us that "it works, and if it doesn't of course it will be fixed". Guess what? Doesn't work. Won't be fixed.

Yet, in contrast, we are diligently inspected every 3 months! A couple of times they've given us only 2 days' notice. There is no option to rearrange. If we aren't here they let themselves in. My partner and I both work from home so this is highly inconvenient.

We recently complained directly to the landlady. She was superficially pleasant/apologetic, but she hasn't taken any action and I don't get the impression she will.

I don't think the landlady or letting agent have done anything illegal. But I strongly resent paying all this rent every month for a place where half the appliances don't work and we're being fobbed off like an annoying child. I would SOOOOOO like to hold back rent, but I've read many times that this is not wise.

So we've finally decided to leave. By the time we leave, we'll have been here 3 years.