Hi Cristian,

Thanks for your review. We’re aware that you’re currently in discussion with our team, who are liaising with you and your landlord regarding the landlord’s claim from your deposit. Bear in mind that occupation contracts are between the contract-holder(s) and the landlord, so it’s the landlord who chooses to submit this claim. We would much prefer not to have to make a claim from a deposit, as it's far quicker and easier to return a deposit in full. There have been delays in this return process, which we apologise for, though they have not been at CPS Homes’ end. The delays initially occurred whilst we attempted to ascertain what your landlord’s claim was, and subsequently when we’ve been negotiating with him on your behalf to have him reduce the amount of the claim.

To explain further, our contract with the landlord stipulates that we will document the condition of the property at the end of the tenancy (as we also do at the beginning of each tenancy), then provide this report to them for their assessment, as – again – being the owner of the property, they are the decision maker. Within the report, we highlight items that we believe are a result of wear and tear, therefore the responsibility of the landlord to make good before any new contract-holders arrive. We also highlight any items we believe to be over and beyond fair wear and tear, which – if substantially different to the condition at the start of the tenancy – they may wish to claim for from the deposit.

When you moved in, you signed an inventory that read “unless otherwise stated, the condition of the property…is clean and ready for occupation”. You didn’t note any cleaning concerns on the document. We have significant evidence that cleaning was required when you left. You even offered to return to the property clean the areas of concern, though we cannot allow contract-holders to access the property again after their tenancy has finished.

Once the landlord has decided how they wish to proceed, we add comments to the inspection report and send it over to the contract-holder(s) for their perusal. We invite contract-holders to comment on anything noted as being over and beyond fair wear and tear. This demonstrates a transparent, two-way process that is geared towards avoiding any potential deposit dispute. When contract-holders provide their comments, as we always encourage them to do, we revert back to the landlord and attempt to negotiate the deposit return of behalf of both. This is what we’re doing for you currently.

As you know, the landlord’s claim is not for just cleaning. We have presented you with evidence of other items too.

We feel it's important to point out that it's not uncommon for there to be a dispute at the end of a tenancy. Quite rightly, contract-holders are keen to receive as much of their deposit back as possible, whereas landlords would like to be compensated for any dilapidation they believe is not a result of wear and tear. So, by virtue of their own standpoints, deposit claims are a contentious matter. Thankfully, the process described earlier in this reply successfully resolves the vast majority of potential deposit disputes before they become protracted, which we think is something that should be commended.

As with any deposit return, if a contract-holder feels a landlord's claim is not justified and a mutual agreement cannot be reached, the deposit scheme that protects the deposit can appoint an unbiased, impartial adjudicator to consider all evidence and make a ruling. We're pleased to say that the vast majority of deposits CPS Homes returns are done so with mutual agreement between landlord and contract-holder, meaning only a small minority require independent adjudication. As we’ve been unable to reach an agreement between you and your landlord in this case, an adjudicator is due to look at the case shortly. In the meantime, you have been paid the undisputed portion of your deposit.

Many thanks,

The CPS Homes Team.