Moving Out - Landlord unreasoably keeping deposit

I guess this is a common story/problem... but some basic tips/advice would be much appreciated.

We moved out of our flat after two years... for a few reasons, but one factor being that we had a problem with the bathroom and while the managing agent arranged to fix it promptly, the landlord said she would find someone to do it cheaper and after she had someone come look at it and not fix it, we kept chasing her and the people who were supposed to fix the issues, but both were consistenly unresponsive, and for months we had to deal with a bathroom with some issues due to humidity/mold/etc.

When it comes time to return the deposit, she claims she wants to keep a good sum of money for a couple of reasons.  One is for cleaning of limescale around the bathroom taps, which we cleaned well, but she's been aware the whole bathroom is pending being fixed...

The other issue that she wants money for is that she said I left a few things in the garage which do no belong to the flat/her.   My problem with that is that the garage was NOT part of the INVENTORY, neither when I moved in, nor when I moved out.  When I moved in, the garage was extremely dirty and full of trash or stuff that looked old/abandoned, etc.   I cleaned up it up when I moved in, and also when I moved out, and threw out a lot of stuff,  but I left things behind which I could reasonably guess were not my business to throw out.   Can I possibly be responsible for leaving things behind that were there in the first place, but since there was no inventory I/we cannot prove or agree on what was there before or what should or should not be left behind.  This is really confusing to me?  Am I liable and is it my fault for not making sure its checked and part of inventory, or is it the landlord who cannot make me liable since she did not conduct and inventory on that room.   It could be worse and she could claim something that used to be in the garage and now missing, but I never agreed to any garage inventory list, so what is fair and legal here?

Any help on these specific issues?

Any general help on such landlord-tenant issues?

Oh my....   first time, in UK or US, with deposit issues unfortunately...

Logically to me it sounds like if it isn't on the inventory, then the landlord is out of luck, and since the inventory is done by an independent company, the landlord needs to go after them for their mistake. But that's my opinion.

Have you thought about contacting the Housing Ombudsman service? Couldn't tell you if it works but it can't hurt. http://www.housing-ombudsman.org.uk/

I might also contact the estate agents you rented through - maybe they have some advice?

I had a similar ridiculous issue just a few days ago!

Is your deposit in a deposit scheme? You'll get most of it back since the landlord can't prove anything without a signed inventory. However, did you take pictures (dated) of the place when you moved out to show it was clean? She may be able to claim a teensy amount for having to clean it if you didn't but that seems like the only thing she can claim for since you didn't intentionally damage anything and I'm assuming you paid all of your rent.

Oh and just to add, if your deposit is not in a deposit scheme, you can sue for three times the deposit (if it's an assured shorthold agreement). So maybe even mentioning that will get her off your back.

Its actually ILLEGAL not to use the Deposit Scheme  if you began your rental AFTER April 2007 (there are a few exceptions, mainly if the landlord lives in the same property they are exempt) and if not, you can take your landlord to court and get back up to 3x your deposit back.

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

I wouldn’t necessarily think of your situation in terms of legal or illegal (at least at this point) but rather as a negotiation of what is fair or unfair.

Aside from a basic accounting of the items in a rental, inventories are a farce in my opinion. For instance, at my last flat the managing agent tried to claim £35 because the cover of the telephone jack was broken. When I replied that it was broken when I moved in (it was -- but didn't appear so) the response was ‘why didn’t I note it on the inventory’.

This was after not bothering to show up for the inspection they arranged when I left the flat. It was ridiculous as was the £60 fee for cleaning the flat that I had taken the day off from work to scrub.

Claiming for lime scale on a faucet and leaving items in a garage that never belonged to you, especially when the garage was not included on the inventory when you moved in, is also ridiculous.

To me, the issue isn’t what was or wasn’t on the inventory, it’s that these items do not belong to you and you should not pay to dispose of other people’s property. It was your landlord's responsibility to do this with whoever left the items, not yours and I think you should be clear with her on this.
 
If I were you I would put everything in writing. Do not rely solely on verbal conversation with your landlord because if you do not reach an agreement you may need to take legal action. Follow up all conversations with an e-mail summarising the discussion and reiterating your expectations to be fully refunded your deposit (or what you feel is reasonable).

Be clear about you want and expect and calm in your dealings with your landlord, that’s really important. Have counter arguments and if possible photographic proof. Sometimes a calm manner and hint of legal action goes along way.. 

Very good advice from all who have responded.  If I can let me give some advice on what can also help you in your next rental arrangement.

TAKE PICTURES before you move in to a new rental property and after you move out(and cleaned) make sure they are dated.

I do this each time a tenant moves out and before we rent it again. We have always returned all the deposits our tenant made even if they did not leave our property the way the found it...chalk it up to wear and tear

If you have pictures, if and when you have to take legal action you will have the upper hand.

Good luck I hope you get your Deposit back.

Do LL in the UK have a time limit on when the deposit must be returned or face a penalty?

Do LL in the UK have a time limit on when the deposit must be returned or face a penalty?

Not really. It used to be that the LL had to pay interest if it took more than 10 days. They've stopped the interest now. So it can take as long as it needs to for all the disputes to happen and if the landlord is unresponsive for 14 days the tenant can just claim it all back by filling in a form.