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Rach83

Landlord And Tenant Advice - Dps Resolution Rejected By Landlord

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Hi

if this is in the wrong area please excuse me!

This area is a little grey to me and i have no idea whats what properly, so any advice would be great from others who have been in this situation or had experience of this -
I ended my tenancy on the 20/08/2016. last week on the 25/08/2016 i received a letter from the landlord saying he wanted to keep our bond and then the reasons stated -
one reason was because we had broken the cistern toilet lid but, due to the bathroom being old it was discontinued therefore they wanted a whole new bathroom suite and this would be taking from our bond!

Another point they had on their letter was that they where disappointed at the way the decoration had been left therefore needing a whole house professionally re painted / decorated....on our move in inventory at the start of the tenancy it stated 6 points that where was cracks to walls, mould in the corner of one room and damage to paint work - the house was not freshly painted when we moved in.

He also quoted us for 3 new carpets, now when we where shown around by the old tenant she claimed she had carpeted the house from her own back pocket we lived in the house 3 years and she was in a year previous.

Now iv been to the depsoit protection scheme and proposed a despute is raised and the department of resolution was to be informed / used for free help to us both to resolved the issues if he accepted....... HES NOW DECLINDED the offer of any help from the scheme our bond is held in! Meaning i now have to go to a solicitor and make a single claim etc.....by the looks of this the issue will end up in court - has anyone taken things this far before? and the issues iv posted above here is he able to get away with this and what hes suggested above? I see the points quite unfair but im not aware of what im dealing with and a lot advice is needed here.

I'm really not sure he is aware of what the scheme can do for us nore do i think hes aware it could end up in court unless hes trying to pull the wool over my eyes cause when it was first said about the depsoit when we moved out he made out to me that he had full access to him and it was him that had to ok everything (which i later found out was untrue and i had access to it)

A little side note my landlord added my hubbys name as the lead tenant on the scheme information so now when i ring the scheme they wont chat to me directly i have to get the hubby to call up to chat to them and to ok me talking on his behalf. I cant understand why the landlords done this when it is both our names on the tenancy agreement but my bank account that pays the rent and bond. It feels like hes made it hard for us to gain contact with the DPS by doing this above!

Any help would be great! Thanx for reading i must add that weve always paid our rent ontime in advanced etc and in my eyes been good tennants.

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Sounds like a desperate landlord. How much is the deposit? I have used the dps resolution service before and got it all back so I would think that by refusing to use this service will not count in his favour if it goes to court. My advice is stick to your guns, read up on the internet as much as possible as someone else would have been in a similar situation. There are some lawyer websites where you can also get free advice.

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Hi Gloom monger,

It's £500 for the deposit!

Do you have any suggestions for websites offering free advice? I've tried ringing shelter today 3 times but I just kept being told they where busy and to call back later. I really need legal advice really as I don't think the points hes stated are a valid reason to take all the bond, but then again I've not been in this situation before so know very little about this and all the in's and out's.

Thank you for your comments. :)

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The landlord could not use the new bathroom discontinued ruse. The judge will throw that out.

Decoration will prolly go 50\50 if you or he has photographs as will cleaning.

Good luck, small claims an easy process.

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A whole new bathroom suite because the cistern lid was broken?? That really is extracting the urine (no pun intended)! <_<

Hope you fight this Rach83. Good luck!! :)

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I have no photos of the decorative standard in house. I'd be happy paying 50/50 for the painting but i do want to challenge his letter against the check in inventory as on there it has 6 pointers saying there was cracks to walls/paint work and even mould in the corner of one room so really in my eyes this is proof that the house was not in a good decorative state to begin with. There's no check out inventory. (we've signed nothing on moving out)

I do intend on fighting this further I'm usually just one of those poeple who follow what others say and at one point he had us believing we would have to pay it wasn't untill I mentioned it to a distant friend who is also a private landlord who then pointed out this was wrong on so many levels!

I have a feeling that he is wanting to improve the house as he wants to sell it, he also had a rental property behind our old house which has just gone up for sale (infact the board has just appeared yesterday) if hes wanting to sell our old house can he still do so even thought were disputing the bond - surely it would not be wise of him to start improvements incase court or who ever requires more evidence etc?

Thank you to those who have commented upto now - its been a great help.

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See this PDF (from one of the tenancy deposit schemes(


The deposit remains the property of the tenant at all times. It is held by the landlord or his agent until the end of the tenancy.

The deposit is regarded as the tenant’s money. This means that it should be returned to the tenant at the end of the tenancy, if they have honoured the terms of the tenancy agreement.


And from page 10:

The House of Lords defined fair wear and tear as “reasonable use of the premises by the tenant and the ordinary operation of natural forces”. The word ‘reasonable’ can be interpreted differently, depending on the type of property and who occupies it. In addition, it is an established legal principle that a landlord is not entitled to charge his tenants the full cost for having any part of his property, or any fixture or fitting, “…..put back to the condition it was at the start of the tenancy.” Landlords should therefore keep in mind that the tenant’s deposit is not to be used like an insurance policy where you might get “full replacement value” or “new for old”.


And the credentials mentioned here are significant - and a quick web scan supports what is recorded.

Edited by Aidan Ap Word

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No checkout inventory?! He doesn't stand a chance. Fight it. Don't offer him anything. If you agree to go halves on redecorating then kiss your £500 goodbye. I would deny knowledge of any damage, the onus is on him to prove it was you. I am not a lawyer.

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Hi everyone,

So you all think I have a good case to stand in court?

It really does take the mick what he suggested in his letter. Even down to the carpets hes wanting to charge us full price with no deductions for general wear and tear but on saying this - I wasn't aware that there is a margin for wear and tear and they have to make some allowances (and im not sure if he is if im honest unless hes trying to pull a fast one on us) - I suppose you live and learn!

Thank you for everyones advice upto now.

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I've been told by check in/out clerks that they would expect a let property to need redecorating after three years so you definitely shouldn't be paying for that. If the previous tenant bought the carpets then the landlord won't be able to provide receipts or even prove how old the carpet is so I doubt he'd be able to claim for those either. I think the rule of thumb is seven years for carpets anyway so if they're four years old now the most he'd be able to claim for is the remaining three years of life (so 3/7 of the cost of new carpets) and he could only charge for equivalent quality carpets. I'm not sure about the cistern lid but he definitely can't charge you for a whole new suite - if it's old enough that he can't get a fitting cistern lid or even a toilet that would match the rest of the bathroom then it could probably be argued that it was beyond its expected life span anyway. How did it break out of interest?

As others have said, a judge is not going to look kindly on him refusing to use the resolution service (they were brought in to stop these disputes clogging up the courts). That, along with the lack of check out inventory means that you should get all of your money back - the fact that he is trying to rip you off with the deductions is just icing on the cake.

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Hi again,

Thank you everyone for your replies i am a lot more confident to what I was this time yesterday.

How it was broken was the toilet is placed right under a window, I had a glass Vase on the window cill with fake flowers in, one evening i had the window open and it was quite windy I forgot the window was open went to bed and was woken by a massive crash (I did at first think someone had broken in) but the vase had hit the cistern lid which caused it to break and the vase smashed. I must admit the lid was like pot very strong and sturdy not like they are made today.

I read the article about the Wilson's and it amazes me how far people would go to get money off people or scam them!

No doubt ill be back with more questions soon I've opened a single claim case via the DPS and waiting for the paper work to come via the post.

Thank you.

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