Deposit Refund and CCJ

notgoodatmaths · 18 June 2017 at 9:20PM

Hi guys

My previous lettings agency hadn't been in touch to return my deposit so I requested to which they replied that I would only get £197 back out of the total £475.00 that I paid as a deposit. I understand that when I left I had to leave my spare washing machine in the living room as they already had one fitted by the landlord. I also left behind a wardrobe, a small dining table and 4 chairs and a single metal bed frame taken apart. I also couldn't return the keys to them. The reason I had to leave all that and couldn't return the keys is very personal. Lets just say police had to get involved for concerns of my safety so I just had to leave as soon as I could. I couldn't return to the flat to get everything removed. Apart from this the place just needed to be vacuum cleaned.
I disputed the amount to which the agency didn't respond. They started ignoring my emails so I took the matter to the court because at that stage they didn't even gave me any information about my deposit as to where it was held under what reference number. I had to ask the court to enter judgement. And now the lettings agency have got back to me with the reference number etc and asking me to stop the proceedings asap still insisting that the deductions are reasonable. I have requested to see the invoice as they do not have a good record of getting the place cleaned before a tenant moves in. Only I know as I had to clean that place especially the fridge which was in appalling state. The lettings agency have sent me an email with the breakdown of costs and is asking me to drop the CCJ case against them while they "try to find" copy of invoice. I do not think the deductions are reasonable. Just wanted to ask for your opinion what should I do next? And also how much do you think it would cost to get cleaners in to just do a basic clean and remove the items and also to replace keys etc?

Replacement lock and key Mailbox - £30.00
Replacement lock to front door and key - £45.00
Replacement front door key - £15.00
Replacement main entrance door key - £15.00
Cleaning contribution - £35.00
Carpet Clean - £58.00
Items and rubbish removal - £80.00

Another alarming thing I noticed that they used a different post code to mine to protect the deposit and are saying it is just a typo. They put my name and first line of address correct but my email address and the post code wrong and that's why DPS couldn't find me on their records. I think something fishy going on there.

Thanks a bunch

anselld · 18 June 2017 at 9:48PM

The cost look reasonable assuming the cleaning charge can be supported by check in and check out inventories. Your personal problems are not the concern of the Agent/Landlord, in fact if you have not fully vacated and returned keys I am surprised they are not charging further rent.

notgoodatmaths · 18 June 2017 at 9:55PM

I did give them written notice a month ago that I would be vacating the property. But I just had to move out in a rush as I didn't think things would get that bad that I wouldn't be able to remove the items by myself. I would still insist to see a copy of the invoice. I am sure companies keep financial records safe so it would be very funny if they come back and say that they couldn't find the file or that particular invoice.

PS. There was no written/photographic proof of inventory checklist.

sheff6107 · 18 June 2017 at 10:11PM

They have to serve a defence. See what their full defence is. An email with some information might be helpful but you're on the small claims track now.

anselld · 18 June 2017 at 10:15PM

notgoodatmaths wrote: »

I did give them written notice a month ago that I would be vacating the property. But I just had to move out in a rush as I didn't think things would get that bad that I wouldn't be able to remove the items by myself. I would still insist to see a copy of the invoice. I am sure companies keep financial records safe so it would be very funny if they come back and say that they couldn't find the file or that particular invoice.

PS. There was no written/photographic proof of inventory checklist.

They are not required to provide an invoice. In fact they are not required to carry out any work. They are simply required to prove that you have not returned the property as you received it and that the charge to compensate for that is reasonable. An invoice usually helps but it is not mandatory.

Cakeguts · 18 June 2017 at 10:20PM

Why you had to leave in a hurry is nothing to do with the lettings agency. All they are interested in is how you left the property and you admit that you did leave items in it that had to be disposed of as well as not cleaning it. You also didn't return the keys. Your personal reasons are none of the letting agency's business. Their business is acting for the landord and the landlord got his house back without the keys full of items that needed removing and with the house needing to be cleaned out before it could be let to someone else. You have to pay for this. You left it like this. The landlord does not have to lose money for your "personal reasons." It seems as if you are expecting special treatment because of your personal reasons otherwise you would not have mentioned them? The landlord does not have to give you special treatment for your personal reasons these are for you to sort out.

G_M · 18 June 2017 at 10:26PM

notgoodatmaths wrote: »

Replacement lock and key Mailbox - £30.00
Replacement lock to front door and key - £45.00
Replacement front door key - £15.00
Replacement main entrance door key - £15.00
Cleaning contribution - £35.00
Carpet Clean - £58.00
Items and rubbish removal - £80.00

Another alarming thing I noticed that they used a different post code to mine to protect the deposit and are saying it is just a typo. They put my name and first line of address correct but my email address and the post code wrong and that's why DPS couldn't find me on their records. I think something fishy going on there.

Thanks a bunch

The key and lock costs all seem reasonable. Since you did not return the keys, you are responsible for these costs.

The cleaning cost is negligible. Since you've admitted the property needed vacuuming, £35 is not unreasonable for a cleaner to attend, spend half an hour, and leave.

Carpet clean is a reasonable cost - whether it's justified I can't comment.

The removal costs are fair.

As for your personal problems which caused some of this, well whilst we can sympathise (though without knowing the details), they are really irrelevant to the deposit question.

Personally I think you'd do best to write this off and move on.

As for the Small Claims case, I suspect you will lose so far as most of those costs are concerned, though you may win on the carpet cleaning perhaps, but of course it depends on the defence they enter.

Keep your fingers crossed, though, that they don't enter a counter-claim eg for rent since you did not end the tenancy by returning the keys, and possibly for inadequate notice. This could end up costing you more.

notgoodatmaths · 18 June 2017 at 11:35PM

Thanks for your replies so far. I mentioned my personal reason just in case people think I am an irresponsible tenant which I am not by the behaviour depicted while leaving the property but sometimes circumstances are not in your favour.
The previous tenant had left loads of stuff behind, coffee machine, dinner sets, wall clock, broken ironing board and a broken rowing machine in the storage cupboard. I requested for the items to be removed but they were not removed. At last I just left it as I managed to live without using that storage cupboard for myself. That's why I am not sure if they had actually removed the items this time. And what stopped them from doing that for me when I first moved in. It seems to me that they are all about saving costs by not actually spending the money to clean the place but putting it in their bank accounts.

Geoff1963 · 19 June 2017 at 12:40AM

You must know the story of the chap who goes into a pet shop, with a long list :
4 rats, 100 spiders, 50 cockroaches and 30 slugs
When the owner asks why he wants so many items, he explains that he is moving out of his rented flat and has to leave it as he found it.

Cakeguts · 19 June 2017 at 1:22AM

notgoodatmaths wrote: »

Thanks for your replies so far. I mentioned my personal reason just in case people think I am an irresponsible tenant which I am not by the behaviour depicted while leaving the property but sometimes circumstances are not in your favour.
The previous tenant had left loads of stuff behind, coffee machine, dinner sets, wall clock, broken ironing board and a broken rowing machine in the storage cupboard. I requested for the items to be removed but they were not removed. At last I just left it as I managed to live without using that storage cupboard for myself. That's why I am not sure if they had actually removed the items this time. And what stopped them from doing that for me when I first moved in. It seems to me that they are all about saving costs by not actually spending the money to clean the place but putting it in their bank accounts.

From the point of view of your landlord you are an irresponsible tenant. Your personal problems are not anything to do with your landlord it is none of their business how you run your life or what life throws at you. The lettings agent and the landlord are not interested in your personal life or your problems what they are interested in is how you have left the property. Taking out your personal problems you left the property without giving notice. You left items in the property, you didn't clean it and you didn't hand the keys back. This is what you are being charged for. You seem to think that the landlord/letting agent has to take into account your personal problems. Your personal problems are nothing to do with them.

What the previous tenants did or not do is also none of your business and what the landlord does or not do with the items you left behind is also none of your business.

You are liable for what you didn't do when you left the property. The charges that they have come up with are reasonable. You don't get special treatment because of your circumstances.

G_M · 19 June 2017 at 1:38AM

and to clarify the point you make about whether the LL/agent actually removed your items or not, actually cleaned or not, and whether they have invoices:

They do not have to do any of those things: they are charging you for the value of the consequences of your actions.

As an analogy: Say I'm driving my car, and someone crashes into the back of me, causing a dent. It is their fault. I'm entitled to claim a fair amount for the damage, so I get 2 quotes from garages, say £100 and £120. The other driver pays me £100 (he does not want to lose his no claims bonus, or pay the excess, so ignores insurance).

Do I have to show him an actual receipt for the repair? No.
Do I have to get the dent repaired? No.

I can spend the £100 on a slap-up night out, and drive around in a dented car.

The £100 is compensation for now having a dented car - it is NOT dependant on me deciding to actually have the car repaired.

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Deposit Refund and CCJ

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