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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 1668
Experience:  Freelance Solicitor at Self Employed
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I would like to get an advice about unfair in my opinion

Customer Question

Hello, I would like to get an advice about unfair in my opinion deposit deduction. Our landlord has decided that will take a half of our deposit for leaving the apartment unclean before moved out (which is not true - we have a video), using a candles on the table and burnings (which is also not true.we never have used any candles), broken window opener which was faulty from the beginning of the tenancy or fixing or replacing the cooker which on of the hobs get faulty. Base on our contract all fixing belongs to lanlord. Our deposit was protected. Could you advise what should we do?
Submitted: 17 days ago.
Category: Property Law
Expert:  Vineet S replied 17 days ago.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Expert:  Vineet S replied 17 days ago.

Hi there,

Could you please confirm if inventory was made /agreed at the time of start of your tenancy ? and made at the time of time of checking out?

Customer: replied 17 days ago.
Hello, there was an inventory what would be included in the appartment like a bed, coffee table, TV etc.
Expert:  Vineet S replied 17 days ago.

And if there was check out inventory as well for recording the condition of the things?

Expert:  Vineet S replied 17 days ago.

A certain amount of wear and tear is unavoidable in rental properties. Over time as tenants live in homes, some damage will occur. This isn’t a result of abuse or neglect by the tenants, meaning tenants can’t be held responsible for it.

At the end of the tenancy, tenants have to give the property more or less in a similar condition that they take at the start of the tenancy.

Normal wear and tear refers to gradual damage that you would expect to see in a property over time.

Having a detailed and accurate inventory in place can be a big help when it comes to avoiding disputes over damage between tenants and landlords.

Tenants are expected to hand back the property in a similar condition as recorded in the inventory at the start of the tenancy.

Customer: replied 17 days ago.
We never received anything like that apart of the confirmation of giving back the keys.Also she never said about anything that was bother her (the lanlord) on this time
Expert:  Vineet S replied 17 days ago.

Landlord can only ask for cleaning charges from the tenant , if this has been agreed in the tenancy agreement.

Customer: replied 17 days ago.
The apartment has been cleaned deaply and we have a recorded video of the appartment after do the job. However what's bothers me it's the fact the she want to charge us for staff like a cooker or window handle or setted up the internet
Expert:  Vineet S replied 17 days ago.

If cleaning clause has not been expressly provided for in the tenancy agreement , then Landlord can not ask for professional cleaning charges from the tenant.

Dispute any deductions directly with the Administrator of your tenancy deposit scheme

Customer: replied 17 days ago.
Can she charge us for anything else apart of cleaning charges?
Expert:  Vineet S replied 17 days ago.

She need to prove that the things were not broken at the start of the tenancy , provided the condition is recorded in the check-in inventory , and that you broke these items by your neglect or misuse,

Customer: replied 17 days ago.
As I can see on our contract it check the block that says about provided inventory. It never has been provided. All the contract docs were sent via email as the lanlord lives abroad. would it change anything?
Expert:  Vineet S replied 17 days ago.

Is there any agents involved , with whom you are dealing with?

Expert:  Vineet S replied 17 days ago.

Dispute it as well that no inventory was provided to you at the start of the tenancy.

Now , the Landlord can not deduct for any these items, as the conditions of these items were never recorded/shared /agreed with you at the start of your tenancy.