Landlord wants to deduct £700 out of £1100 deposit for 1b1b at Manchester

TL;DR Version: Despite excellent cleanliness and the landlord's promise to cover end-of-tenancy cleaning costs, they are attempting to deduct £700 (from a total deposit of over £1100). Currently, I'm in the process of negotiating a reduction with the landlord. If they don't accept, I'm considering Alternative Dispute Resolution within the Tenancy Deposit Scheme framework. Seeking advice or experiences, especially from friends in Manchester, UK! Thank you very much!

I rented this property from February 2021 to August this year, with a deposit of £1100. I was the first tenant in this property.

At the end of July, when discussing the tenancy termination with the landlord over the phone, we agreed in writing that I would vacate a week early in exchange for them covering the end-of-tenancy cleaning cost. At that time, I also checked the quote for end-of-tenancy cleaning for this property on the Emop website, which was around £130. Since the landlord had agreed to cover the cleaning cost and there was no damage to the room, I expected to receive the majority of my deposit back.

However, today, the landlord emailed me, expressing extreme disappointment in the cleanliness of the room and listing several items that need repair, demanding a deduction of £700 from the deposit. In my latest response to the landlord's email, I pointed out that the items they listed for repair, in addition to the cleaning cost, couldn't possibly total £700. Furthermore, the landlord had committed in writing to cover the cleaning cost. I requested that they reconsider the amount to be deducted from the deposit. The landlord has not responded to my latest email.


The main contents of the landlord's email are as follows:
"Thank you for your email regarding the deposit. As discussed during the virtual check-out meeting, the general cleanliness of the apartment was such that we wished to complete the end-of-tenancy professional cleaning to confirm whether anything was damaged and whether the general condition could be returned to that when first rented. This work has now been undertaken and condition recorded. Candidly, we were disappointed with the general state of cleanliness - you had advised that the apartment was very well maintained, hence our willingness to take on this cost. The reality was not so, and the cleaners spent twice the time they had budgeted for.

More positively, the cleaners' considerable effort has been effective, notably in recovering the condition of the oven and bathroom which were noted to be particularly poorly kept on check-out. However, several items of damage have been identified which in our opinion go beyond normal wear and tear. Namely:

1) Scratching/marking to kitchen splashbacks: the surface has been marked and dulled from what appears to be the use of an abrasive. (see images)
2) Water damage to kitchen shelf/ wall: top shelf has been exposed to liquid resulting in staining to wall and blowing of wood. (see image)
3) Corian chopping board: staining to the corian chopping board (which matches the work surface) could not be removed. (see image)
4) Seals to shower screen: permanent staining to shower seals due to lack of regular cleaning. (see image)
5) Marking to wall: generally, we are content to accept marking to the surfaces as reasonable wear and tear but there are areas of wall which we feel go beyond this. (see image)
6) Adhesive residue to storage doors: the cleaners were unable to fully remove the adhesive on the storage doors without damaging the surface.

The cost of complete repair of the above far exceeds the deposit held, and it is our contention that under the terms of the tenancy you are liable for meeting the full cost of these repairs.
That said, we wish to settle this matter as amicably as possible and as such are willing to make a without prejudice offer to resolve the situation. We suggest deducting £700 from the deposit as full and final settlement.

Given the newly constructed condition the apartment was in on initial letting, I trust you will recognise we are seeking to be reasonable.
If you confirm acceptance we will instruct JLL accordingly."

I think he's trying it on but I have no experience. @Sirius will be able to help you.

Hi,

Thanks for getting back to me and reaching out for help for me.

I know to let you guys know the real condition of the apartment I should have posted images I took on my move-out date and images by the landlord against me but I did not seem to find a way to do it here.

So candidly, if you trust me I can tell you that there is no damages to anything and any appliance. Everything is functioning perfectly. Yes there are stains in the bathtub and on the bathroom shower screen seals and mold on the bathroom walls. And yes there is clear oily stains in the oven. And there is stains on the wall of the storage room caused by big luggages leaning over to it. And on the exterior door of the storage room there is residue of glue which I used to attached my mirror onto the wall.
All other things, I can say confidently, is clean. This is all because the landlord has assured me in writing that they would hire people to do the professional cleaning and that I did not need to do end-of-tenancy cleaning.

And I thought with such guarantee I can just leave room as it was because the professional cleaners would sort things out. If I thoroughly cleaned the room why would they need professional cleaning services?

Thanks again.

I'd go with the Alternative Dispute Resolution within the Tenancy Deposit Scheme framework.  I've heard that they are VERY strict with landlords and rarely approve deductions from the deposit.  Seems to me that you've got nothing to lose by just telling the landlord that we'll see what comes out of the dispute resolution. 

If you are lucky, you'll find they never put your deposit in a scheme at all and they have to pay you 3 times your deposit. 

I think he's trying it on but I have no experience. @Sirius will be able to help you.

Sorry @larrabee, I'm not getting the notifications and have only just seen this thread.

I'd go with the Alternative Dispute Resolution within the Tenancy Deposit Scheme framework.  I've heard that they are VERY strict with landlords and rarely approve deductions from the deposit.  Seems to me that you've got nothing to lose by just telling the landlord that we'll see what comes out of the dispute resolution. 

If you are lucky, you'll find they never put your deposit in a scheme at all and they have to pay you 3 times your deposit. 

In England.
And, was there a check-in inventory when you took the tenancy? And if there was, did you sign it and were given your copy? The check-in inventory is what the landlord has to compare with against the check out inventory. No check-in inventory then there is anything to compare with for any deposit reductions and therefore deposit returned in full.

The government's tenant guide states not to sign the check-in inventory if it is not correct. The landlord had to give you a copy of this guide.

The law also states that the deposit is for any damage and that fair wear and tear cannot be deducted. The landlord cannot have betterment. Nor do you pay for the damage the landlord/ landlord's cleaner did when the used the wrong product or the wrong cleaning sponge for the surface: the landlord has admitted their cleaner did that damage.

The landlord also had to tell you which Deposit Scheme they used for your deposit.You should have had an email from the Deposit Scheme they used, giving you your reference.

You can search for where your deposit was held
https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

I hope you put in your dispute with the Deposit Scheme as jimbocz suggested?. In not, do this asap so they know there is a dispute. You don't want the landlord being given your deposit by default; otherwise you would need to take them to court to get your money back: it happens the other way around too. It’s very easy to raise a dispute. Don't waste time emailing the landlord or the letting agent if you don't agree with what they have said and have told them this: this is where the Deposit Scheme resolution comes in for the tenant.

When a dispute is put in, the landlords’ who lose get a black mark put against their name and if they have done this before, it can get to the point where they are never allowed to take a deposit again.  Landlord must know the laws of their business, but  tenant is not expected to know those laws.

If their letting agent fails to respond to the dispute that the deposit scheme then raises with them, you are given your money back.  It does happen as it is the landlords who are liable for all the laws they must follow. Letting Agents don't need any qualifications or training: they don't even need a DBS check!


Not held in a Deposit Scheme is slightly different to what @jimbocz has said: the deposit must be returned in full and up to 3 times the deposit must be given to the tenant. At one time the government had to close a loophole when that badly written law meant that rolling over to a periodic tenancy, meant that it was 3 times back and then another 3 times back for every month until the tenant moved out.

If your deposit was not protected, it is now too late for the landlord as their tenant has moved out. Landlord will likey want to settle out of court with the full deposit back, plus they must pay at least 1 times the deposit back and it could be 3 times; that court will decide. As the law used to say it must be 3 times, it is likely those landlords who don't follow the law changes, will still think it is 3 times: don't tell them the law changed as there is a good chance their letting agent will not know either.

That said, we wish to settle this matter as amicably as possible and as such are willing to make a without prejudice offer to resolve the situation. We suggest deducting £700 from the deposit as full and final settlement.

I'm not sure why they have used the words "without prejudice" in their email as that is usually for court It's been over a decade since the  tenant had to take the landlord to court to get their deposit back. The Deposit Scheme that landlords must follow, came in for new tenancies and renewed tenancies from February(?) 2007 and they deal with any deductions, but the landlord must follow those laws.

It's also not an "offer" as they have put in writing what they say their cost is, what it is for and (unfortunately for them) that their cleaner caused some of the damage they want you to pay for. For the deposit scheme, their email is what you use to raise a dispute with the deposit scheme. 

But ...did the landlord (or the letting agent acting for the landlord) fail to comply with the landlord's basic requirements-

Was there a check-in inventory that they can prove you were given (you signed for)? And you agreed with it (signed it)?

Did they comply with the law and put your deposit in one of the schemes?