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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I moved to Winchester in may, buying my own house after 9 years

Resolved Question:

I moved to Winchester in may, buying my own house after 9 years of renting in Surrey. Last week my landlady finally sent me my charges against my deposit (£1750) and I only got £677.76 back. She listed all the costs but there are items I feel are unjust ..."
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is the breakdown of charges? Do you dispute them all or in part please?


Hi AlexIn part


I dispute them in part. They are as follows:

Alex Watts :


Alex Watts :

Are you able to say what amount you agree with please?


£677.76 I have just tried to send you the breakdown.

Alex Watts :

You should to write and set out your losses and ask for a refund of the disputed amount within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they refuse then you can issue proceedings which can be done online at: or by competing form N1 at:

Alex Watts :

The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Alex Watts :

Can I clarify anything for you about this today please?


The £677 is what I received out of £1750. This is unacceptable and I would accept anything over £1000 as fair.

Alex Watts :

I would agree.

Alex Watts :

This is why you need to issue proceedings for whatever you consider to be the fair and reasonable amount

Alex Watts :

The chances are as soon as you issue proceedings action will be taken by your Landlord and negotiation

Alex Watts :

Does this answer your question today?


I have written out all my claims as unfair in his breakdown and they come to £670.58. I have written the following:


Dear Mr King

I am writing in respect of my obligations as tenant to 54 Middle Hill in connection with any claim for dilapidation that is assessed as not fair wear and tear. After nine years of tenancy fair wear and tear is pertinent.

Having considered your charges against my deposit I dispute the following:

  1. Chimney sweep- I am not liable for the sweeping of the chimney according to

my lease. £45

  1. Rubbish clearance garden etc (no rubbish was left in the garden by me,

  • only the bins at the front. There was a box of rubble left by Nicole previously

and not cleared by yourselves. £45

at the front were full ready for the bin men to collect)

  1. Garden tidy. The garden was relatively maintained, despite not having had a £112.50

fence for so long. Neither Alec, I or the neighbours wanted to sit out too much

due to the fact there was no fence and I apologised on your behalf to the

neighbours for this.

  1. Turf to replace lawn (garden was to be maintained and poor quality of lawn £57.60

not to be replaced). It was not my job to reseed or returf your lawn.

  1. Vileda Swiffer for Wood floor – this is your choice of cleaner and it was left in £10.49

a reasonable state, cleaners were paid for by me.

  1. Replacement of beads – they were not broken and as you yourself said they need £55


  1. Broken Escutchens – fair wear and tear. £4.99

  2. Replacement of worktop in the kitchen – the kitchen was in a very poor

condition and as you agreed it was ready to be torn down and replaced. £25

  1. Decoration – After nine years this is fair wear and tear. Additionally in the lease £200

it says that I can’t make any alterations to the colour scheme or decoration of

the Property. Making good holes- it is reasonable that a long standing tenant hangs

pictures on the walls as the property is their home for the duration of the rental.

  1. Garden items – I have not seen any shears for years and they must have been £15

taken when the shed was replaced as I have never used any.

  1. Polishing of hearth- this is fair wear and tear after 9 years. No one deliberately

scratched the hearth. £100

  1. Clause 8ii states that the landlord agrees to return to the Tenant any rent payable for any period that the Property is rendered uninhabitable. Over the years when it was not possible to shower for extensive periods of time or when the boiler broke I did not ask for a refund on rent despite people advising me that I was entitled to it. In addition a carving knife and an expensive grater went missing after work was done in the kitchen. I discussed this with Nicole but did not claim for it.

I offered to pay for professional cleaners despite the fact that you were getting decorators in anyway due to the fair wear and tear after nine years of rental.

The total I dispute being charged for is £670.58 and request this is paid into my account within 14 days of receipt of this letter to avoid any further action of court proceedings.


Please let me know if you think this is a good letter or if it needs amendments. Thank you. Joanna

Alex Watts : Yes that is fine, I would also add they would be liable for your court costs too.
Alex Watts : Does that help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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