At Ariel Online Services, we recently assisted Ms S. in successfully defending against an unjust claim on her deposit. Ms S. had vacated a property, and the landlord sought to claim 100% of her deposit under various pretexts, including property damage and cleaning costs, amounting to £1,375.00. Thanks to our proactive approach and extensive experience in tenancy disputes, we were able to secure a fair outcome for our client, ensuring that the landlord’s claim was denied in full.
The Case
Ms S. moved out of her rented accommodation after adhering to all the terms of her tenancy. Upon vacating, she and the landlord had agreed on the condition of the property, with no issues raised during the handover. However, shortly after her departure, the landlord lodged a claim with the Deposit Protection Service (DPS), seeking the entirety of the £1,375.00 deposit. The claim was based on the following deductions:
- Court Fees: For the removal of goods supposedly left at the property.
- Cleaning Costs: Alleged insufficient cleaning of the property.
- Redecoration Expenses: The landlord claimed the property needed redecoration due to damage caused by Ms S.
Ms S. felt the claims were unjustified and sought our legal advice to defend against the landlord’s demands.
Our Intervention
Upon review, it was evident that the landlord’s claims lacked substantial evidence. We immediately advised Ms S. on the evidence required to refute the claims, including:
- Photographs of the property taken immediately after cleaning.
- Correspondence with the landlord and council confirming no goods of hers were left behind.
- Evidence showing the condition of the property at the start of the tenancy, proving that any redecoration would be the landlord’s responsibility under fair wear and tear rules.
We helped Ms S. prepare a robust defence and guided her in making representations to the DPS through their Dispute Resolution Service. Key elements of our defence were:
- Court Fees: We argued that these were unwarranted as the landlord had proceeded with legal action despite an agreement to vacate promptly.
- Cleaning Costs: Ms S. had thoroughly cleaned the property, and no additional cleaning was required. The landlord’s cleaning claims were unfounded.
- Redecoration: The property had been rented in a poor state, and any need for redecoration was due to reasonable wear and tear, which the landlord was obliged to cover.
Outcome
The DPS reviewed the evidence submitted by both parties. Given the comprehensive documentation we helped Ms S. present, the adjudicator ruled entirely in her favour. The landlord’s claim was dismissed, and the full deposit of £1,375.00 was returned to Ms S. without any deductions.
Key Takeaways
This case highlights the importance of maintaining detailed records throughout a tenancy and acting quickly when a dispute arises. Ms S.’s proactive approach, combined with our expertise, ensured a just outcome.
At Ariel Online Services, we specialise in defending tenants from unjust claims, ensuring their rights are upheld. If you are facing a similar issue, we can help. For more insights into tenancy and property matters, read our other articles here.