Rental Deposit Dispute Resolution

Summary

In Scotland, landlords must protect rental deposits in an approved scheme within 30 days. Charges for cleaning or garden maintenance should be reasonable and justified. If a landlord performs tasks themselves, they must still provide justification for costs. Lack of invoices or transparency weakens their claim. Disputes can be resolved through the Tenant Deposit Scheme. Normal wear and tear includes dust accumulation and limescale buildup. If denied inspection presence, it strengthens your position. Consider seeking local legal aid for further assistance.

Full Conversation

Emma
Hi Emma! What legal issue can I assist you with today?
Deposit help
Hey Emma! Could you give me a bit more detail about your deposit issue? Are you dealing with a rental deposit, bank deposit, or something else?
Rental deposit
Could you share the location of the rental property? This can help in providing specific legal information regarding rental deposit laws in your area.
Scotland
Case Rating: *
Emma, in Scotland, rental deposit issues often involve the Tenant Deposit Scheme. Here are some key points:
- Deposits must be protected in an approved scheme within 30 days.
- Landlords must provide information about the scheme.
- Tenants can apply for deposit return through the scheme if disputes arise.
Is there anything specific you'd like to know about your rental deposit situation?
If landlords can charge for cleaning when they did the cleaning themselves and not hiring a professional cleaner to do it?
Case Rating: *
In Scotland, landlords can charge for cleaning if the tenancy agreement specifies that the property must be cleaned to a certain standard. However, the charge should be reasonable and reflect actual costs. If you feel the charge is unfair, you can dispute it through the Tenant Deposit Scheme.
Okay and the same with garden?
Case Rating: *
In Scotland, similar rules apply to garden maintenance. If the tenancy agreement specifies that the garden must be maintained to a certain standard, landlords can charge for cleaning or maintenance. The charges should be reasonable and reflect actual costs. You can dispute unreasonable charges through the Tenant Deposit Scheme.
What if the landlord has cut this themselves and provided no invoice for this?
Case Rating: *
In Scotland, if a landlord performs maintenance tasks themselves, they must still ensure that any charges are reasonable and justified. Lack of an invoice may weaken their claim. You can dispute such charges through the Tenant Deposit Scheme if you feel they are unjustified or excessive.
so they havent provided justified costs for the cleaning and garden maintenance, is my case strong?
Case Rating: *
Emma, your case seems strong, especially if you can prove that the charges are unjustified or excessive. Disputing through the Tenant Deposit Scheme could be effective, as lack of invoices weakens the landlord's position. Would you like more information on this process?
Is £* excessive for garden maintenance?
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£* could be considered excessive for garden maintenance if the landlord hasn't provided justified costs or invoices for the work. You may dispute the charges through the Tenant Deposit Scheme, as the lack of documentation weakens their claim.
also £* for cleaning when the property was left in a good condition
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Emma, the lack of invoices and unjustified costs for cleaning and garden maintenance strengthen your case. You can dispute these charges through the Tenant Deposit Scheme. Document the property's condition and gather any evidence to support your claim. Would you like assistance with initiating a dispute process?
Ive done this already, we are in self resolution where the estate agent has come back and said that I have to justify in why I think the garden should be £* cost
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Emma, since you're in the self-resolution stage, you can justify your estimate by:
- Detailing any maintenance tasks you performed.
- Comparing costs with similar services in the area.
- Providing evidence of the garden's condition.
Would you like more guidance on preparing your justification?
Yes
Case Rating: *
Emma, to prepare your justification for the garden maintenance costs, consider these steps:
- Provide photos of the garden's condition at the end of the tenancy.
- Gather quotes from local garden maintenance services for comparison.
- Explain any maintenance tasks you completed yourself.
Is there anything else you need help with regarding this situation?
No, I didnt manage to do the garden so I agree it needed cut back but not at a price of £*
Case Rating: *
Emma, you can argue that £* seems excessive without justified costs or invoices. Since you agree some maintenance was needed, gather evidence showing typical costs for similar garden services in your area to strengthen your dispute case. Let me know if you need further assistance with this process!
Ok thanks and same with the cleaning some of it I believe is wear and tear for example they said that the toilets needed cleaning when I did clean the toilets, they have said build up of limescale but how can I control that?
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Emma, limescale buildup can be considered normal wear and tear, especially if regular cleaning was done. It's important to document your cleaning efforts and argue that such buildup is a natural occurrence over time. You can include evidence of cleaning products used and frequency of cleaning in your dispute documentation.
But how can that be proof I have done it?
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Emma, documenting your cleaning efforts can be tricky, but consider these tips to strengthen your proof:
- Gather receipts or purchase records for cleaning products.
- Provide witness statements if someone can attest to your cleaning routine.
- Take photos of the cleaned areas before vacating the property.
If you need more guidance, feel free to ask!
I have photos of the house when I left which is good and I have asked the estate agent to provide photos but they havent as they said there are too many
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Emma, your photos are valuable evidence. If the estate agent can't provide photos, it weakens their claim. Emphasize this in your dispute. If disputes remain unresolved, you might consider seeking legal advice from a free legal aid service in Scotland. If you need more guidance, feel free to ask!
They said they have photos but wont provide them to me as too many
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Emma, since the estate agent has refused to share the photos due to quantity, you can emphasize this lack of transparency in your dispute. It strengthens your position, as the inability to provide evidence weakens their claim. Would you like further advice on how to handle this situation?
yes
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Emma, to handle this situation, you can:
- Request the photos in writing, highlighting the importance for your dispute.
- Mention their refusal weakens their claim.
- Consider escalating the issue within the Tenant Deposit Scheme if necessary.
If you need more help, feel free to ask!
I have requested the photos in writing about * times now
Case Rating: *
Emma, if you've requested the photos multiple times and they're still not provided, it further weakens their claim. Escalate this within the Tenant Deposit Scheme, emphasizing their lack of transparency. If you need more assistance with this process or additional advice, feel free to ask!
is this legit legal advice just checking
Case Rating: *
Emma, the guidance provided is based on general legal principles in Scotland regarding rental deposits. It highlights the importance of documentation and the Tenant Deposit Scheme for resolving disputes. If you're unsure, you might consider seeking advice from a local free legal aid service in Scotland for more tailored assistance.
ok great
Case Rating: *
Emma, your situation involves rental deposit disputes, which can be complex but manageable through the Tenant Deposit Scheme. You've taken proactive steps, and the lack of transparency from the estate agent strengthens your position. If you need further assistance or legal advice, consider reaching out to local legal aid services in Scotland.
what is considered wear and tear for example they mentioned dust which is crazy as dust settles and Im sure they did not inspect the property untul 2 days after I left
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In Scotland, normal wear and tear includes:
- Minor scuff marks on walls or floors.
- Fading of paint or wallpaper from sunlight.
- Accumulation of dust over time.
- Limescale buildup in areas like bathrooms.
If the property was inspected after a delay, dust accumulation could be considered normal wear and tear.
and things like bath sealants?
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In Scotland, wear and tear may include deterioration of bath sealants due to regular use and time. However, excessive mold or damage beyond normal usage might not qualify. If the inspection delay contributed to the condition, it could be part of normal wear and tear. Feel free to ask for more guidance!
I asked to be at the inspection but was told they didnt know when this would be
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Emma, if you were denied the opportunity to be present at the inspection, it further weakens the landlord's position. You can highlight this lack of transparency in your dispute through the Tenant Deposit Scheme. Let me know if there's anything more specific you'd like to know or discuss!
perfect thanks
Case Rating: *
Emma, you're doing great by documenting everything and questioning the lack of transparency. It's important to keep pushing for clarity and fairness through the Tenant Deposit Scheme. If you need any more guidance or have other questions, feel free to reach out.