It's the time of year again to fight for our deposit

  Every time we move we have to fight for our deposit back. My stress and anxiety levels are off the hook right now.

We're to be gone by the 31st of the month and that creepy stalker guy neighbour of ours (who works for the agency) keeps knocking on my door to tell me that the house has to be spotless to get our deposit back. I thought that meant leaving it clean and was fine with that. But he told me I need to re-paint all the walls and that the mould in the bathroom needs to be gone too. So I've already told the agency about the mould like 6 months ago. They did an inspection and said it's not a big deal and to only let them know if it got worse. It didn't get worse so I kept quiet knowing they wouldn't do anything about it anyway.

What are my rights here? Will the deposit scheme really side with the agency over us not re-painting the walls and all that? I'll try to clean the mould off as best as I can but I've tried before and it just comes right back. When we moved in the flat was pretty crappy but we couldn't afford better so just made the best out of it. I don't understand why we have to leave it in a better condition than how it was when we moved in (in terms of the walls at least).

I leave everywhere spotless upon moving out but I've never had to re-paint or deal with mould and such in the past. Any help would be appreciated

What kind of mold? Is it the black stuff on the grout?

I have a cheapie spray bottle I picked up at the pound shop. When I start to get the black mold I make a 50/50 solution of thin bleach and water and I spray it directly on the mold. I will respray it several times over the course of the day (usually the weekend) until it starts to work. You may have to stay at it but it will help to kill it and maybe fade it.

Not sure if that will help you. Good luck!

What does your lease say? 

I'd really like to know what the actual LAWS are too!

I would think that you should not legally have to repaint an apartment when you move out. That could not possibly be the law. That would be insane. Right?!

Was it freshly painted when you moved in? Was it painted by the last people who moved out? Can they even put in a lease that you must repaint when you move out? Is it legal for them to put that in a lease? I mean, I can put in a lease that my tenants must be nude every day at 3pm, but it is not legally enforced, because it is not legal to require that of a tenant, right?

Do you have proof that you reported the mould?

It is insane that people have to fight to get there deposit back every time they move house.

I have known several people who had to fight to get theirs back, and there was no valid reason to put them through the fight, but the letting agents/landlord did it anyway.

I have asked Citizens Advice, in the past, in Brighton, when we had to fight to get a deposit back... and they were totally vague about the laws.

Maybe your Citizens Advice office would be better than that one? Ask them?

Repaint the walls? Seriously? I've never heard of that before, but then I've never had to deal with it over here in the UK. I can only imagine if you painted the walls a different colour than they were, then yeah maybe repaint them back...but not just repaint for the sake of it. Surely that is the landlords cost...not yours.
Read your lease though, as I imagine if its something you agreed to in the lease, you may have to  

I just looked and found this website....AND there is a free advice help line listed.


http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deductions_from_tenancy_deposits

I know this is a horrible situation. Been there and had it before in NYC. best to deal with it is to have a REALLy good record when you move in. What does it look like with picture etc. Do you have that? Even if it is just social pictures they'll do as evidence. problem here in UK they can fight you for the deposit for a LONG time. In USA they needed to give it back within short time frame.
If you do not have a record I am afraid that they can make you paint the place. the mould is their problem. According to Council Health Department it is a health risk and landlord is responsible (and should already have cleaned it if you have warned them about it 6 months ago). You can tell them about that. They let you live in a health risk and you can report them about that.

Shelter does hove great advice

But that guy isn't an agency employee.  Surely he has no power to determine what you have to do.  I would talk to your agency and be clear you are willing to fight them.  I have lived in lots of places and NEVER been told to paint them--certainly not at my expense.  Paint is expensive here, and that's before you get all the supplies.  I agree on the mould too.  You told them about it six months ago, and it's a health hazard. They need to deal with it.  Just make sure the place is spotless and take dated photos to prove it.

Was there an inventory done when you moved in? Those are done by independent companies in order to be fair to both tenant and landlord. The only thing that is your responsibility is to leave the flat in the condition that you took tenancy of it. That usually only involves a professional clean and/or carpet cleaning. Again, this is dependent on the state in which you rented the property. Your lease will almost for certain mention a cleaning company and require a receipt.

Now, per the inventory, if the walls were hole free when you moved in and you mounted your telly/put racks in the kitchen/hung mirrors or artwork, then yes you have to patch and repaint or they may charge you for it. But that's the same wherever you are in the world. Other than that it's normal wear and tear, which is likely also mentioned in your lease.

One inventory lady told me they can't accept photos because one can easily photoshop stuff out or change the date and time taken. Of course us honest people would never consider doing that, would we? Though take them anyway - it can never hurt!

I wish you the best of luck! This guy you are dealing with sounds like a douche.

I guess it depends on the person you are dealing with and the company... But... We have had two issues here, because we rented two flats... Which means we have had an issue every time we have rented. Sigh.

First place, in Brighton, they tried to keep our deposit - And they had NO reason too. We waited two months and they never returned it to us. I called several times, and eventually they told me the apartment needed new floors. New floors? We were in the flat for 6 months and there was nothing wrong with the floors when we moved in or out. They said, "The floors need to be replaced."
We talked about it, me and the hubby, and came to the conclusion that they were insane.
I called back, and (as my hubby says) 'Went New York' on them and... we got it all back.
Every penny. Within 48 hours.

I started telling them I had already talked to a lawyer, and we were in the process of filling out the paperwork to sue them, and I was going to the local paper, and they were doing a story... All untrue. They gave us the full deposit back.

Second time was when we moved IN to the place we have now. They rented to us, and told us that this flat came with a private shed in the garden for storage, and that we had our own parking space. Neither were true. The parking space is officially 'whomever gets it first' and the shed is SHARED.

So, same thing... 'I spoke to a lawyer' and blah, blah, blah... I told them it was illegal to tell us we have a private shed and a private space - false advertising - and now we had to rent additional storage...

We got all but the credit check fees back from the letting agents. They refunded over 400 to us!

So, ummm... Maybe consider trying 'going off' on them about how you are going to sue if they mess with you?

My hubby says "English people do not go off on people so they freak out and back down when someone does that." (No idea if this is true, but he laughs and says that!)

Letting agents have a very bad reputation in this country, and there is a lot of talk about how they are going to be passing laws to regulate them.

Based on my personal experience, and this is ONLY personal experience, if you demand to speak to the manager of the branch, and you have a big GO at them, they back down fast. Mind you, it was only two companies, but it worked both time.

I mean, it sucks to have to go off on anyone for any reason, but, it worked.

This is all most likely bad advice... But, it is my experience, and my story of getting money back from letting agents.
It is what I did - and it worked.

My hubby also said that the moment people hear an American saying they will "SUE" they believe them, because people think Americans sue for everything. I thought that was funny! He was teasing me, but it might be true! LOL!

I hope it helps you, and feel free to ignore it all if it is not your style!

I'm just trying to help...

I am a landlord in both the US and the UK and we don't require our tenants to repaint at the end of their lease. Our agent makes a balanced decision regarding what needs doing before the property is relet, and we only withhold from the deposit if there is significant damage.

This link details the deposit scheme in the UK and your rights:http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189243

I would suggest that this guy is a little over zealous and enjoys putting the frightener on tenants. If you have continue to have problems with him do speak to the agency manager, or the landlord, and complain about this guy harassing you.

My hubby also said that the moment people hear an American saying they will "SUE" they believe them, because people think Americans sue for everything. I thought that was funny! He was teasing me, but it might be true! LOL!

For a billion and one reasons, I wouldn't recommend threatening lawsuits.

Just read your tenancy, it will tell you the exact condition it's supposed to be in when you move out. Also, if you're worried about it clean it up, then ask the agency around to do a pre-move out inspection and ask them what they think you should take care of .

Why would you listen to creepy neighbour who doesn't work for your agency when you have a legally signed document and an agent who you can call/talk to?



Just get it straight from the horses's mouth and stop worrying about what random other creeps think!

Thanks for your help everyone.

The lease basically says to leave the flat in the same condition that it was rented out in. I doubt that's true as it was a total dump so I will make it clean and do the best I can but I refuse to re-paint or do anything apart from spray some cleaner on the mould and try to scrub it off.

I am sooo soooo very close to going off on creepy neighbour. I'm at my boiling point and usually I can take a lot of crap but he has made me feel so bad in my own space. I want to scream at him. I wish I could kick him in the balls and slam the door in his face if he knocks again or corners me in the hallway. I really need to learn how to freak out at people so that they can get a hint. Obviously I'm sending the wrong message to crazies like him. This isn't the first time I've been harassed where I live.

Do you have photos from:
- move-in
- first spotting of mould
- move-out

If so, even if the landlord/agency does try to keep your deposit, you ought to be able to go to an ombudsman and prove that you're leaving the flat in the same condition as you found it, barring the mould which you told them about and they ignored.

My last landlady yakked about repainting the walls due to mould, but her brother did the check-out/deposit sign-off, and I'd told him multiple times about the mould, and sprayed de-mould stuff to try to get rid of it, so he was fine with what remained. We did get our full deposit back, but we paid for professional cleaning and then did some more on top of that.