Challenging deductions from rent deposits

BulletCraig

Hi all,

We recently moved out of a three bedroom flat which had a deposit of over £900. I was present at the check out and the woman highlighted a few stains on the sofa and on one of the bedroom carpets that would need to be taken care of but said everything else looked ok save for a bit of general cleaning. It's taken them almost a month to get back to us despite chasing them constantly and they're now saying they want to deduct almost £600 from us including £250 for "general cleaning" and £200 for "Removal of wall hooks and mirrors". Now bearing in mind we had the entire living room and hallway carpets professionally cleaned for £60 I think it's a bit ridiculous for them to try and charge us £250 for the three bedrooms (which combined don't even have the same floor space as the living room) and the sofa. Also the "removal of wall hooks and mirrors" can only relate to three small panel pins in one of the bedrooms and some mirrors which were stuck to the back of one of the bedroom doors with small adhesive tabs which we only left up because they were cheap and thought the next tenants might want them. Basically my question is how can we challenge this and get the amounts reduced? Can we request receipts for everything? Is there even any chance of us getting the amounts reduced?

Jowo_2

Was your deposit supposed to be lodged in a Tenancy Deposit Scheme, and if so, was it?

Is a signed inventory in place?

00ec25

you are entitled to ask for receipts

you make no mention of the deposit having been in one of the deposit protection schemes? If it was there is a formal prcess for contesting deductions administered by the scheme.
If deposit not in a scheme are you sure that was correct for your circumstances? (April 2007)

BulletCraig

Well we only moved in to the property in August of last year so I'm fairly sure the deposit is in a scheme. We did sign an inventory but never received a copy but in this instance it's not really an issue as the deductions aren't for any damage per se but for cleaning and misc costs which we just think are far too high. What is process for contesting deductions held in a scheme?

Jomo

BulletCraig wrote: »

Well we only moved in to the property in August of last year so I'm fairly sure the deposit is in a scheme. We did sign an inventory but never received a copy but in this instance it's not really an issue as the deductions aren't for any damage per se but for cleaning and misc costs which we just think are far too high. What is process for contesting deductions held in a scheme?

Can you not lodge a complaint with the company holding your deposit, isn't this the type of issue they deal with?

robpw2

yes it is

if she hasnt provided you with details of whom she protected the deposit with then you can take her to court to get 3 times deposit ..

princeofpounds

You can phone the three schemes to find out if you are registered.

If not, then you should write a letter stating that due to her failure to protect the deposit you intend to take her to court for the deposit and a 3x penalty for non-compliance, unless your deposit is returned.

You should hopefully get it back. If it is protected, then you can request arbitration under the scheme.

And if nothing works, then take her to court for the deposit and penalty. You may not get the penalty if she protects it in the meantime (courts are unfortunately allowing this sometimes, but that's a separate issue) but you can still aim to get the deposit situation resolved.

BulletCraig

Well I'm a tad confused as to who I'm dealing with to be honest. Our landlords were Imagine Homes (nightmare to deal with, avoid at all costs) and we phoned them constantly about this and spoke to the same person every time who has finally e-mailed over this breakdown of deductions but her e-mail says she works for Now Lettings, so maybe they are the deposit holders? Our paperwork is all at home so I can't be sure right now.

I have e-mailed her back challenging all the costs. In people's experience what is the chance of them agreeing to reducing the costs?

Fire_Fox

Don't e-mail or phone, write letters and send them recorded delivery. The deposit must be lodged in one of three national schemes, it can't just be held by a letting agency. You should have received a copy of the check-in and check out inventories and also official notification of where your deposit is held.

princeofpounds

Bulletcraig, your landlord is the person/company on your tenancy agreement. They are responsible for your deposit, no-one else, no agent.

Firefox is right, do this properly in writing. You will likely need to make a trip to arbitration or a court, so document, document, document AND FIND OUT IF YOUR DEPOSIT IS PROTECTED.

pinkshoes

The Landlord (as named on your tenancy agreement) was obliged to register your tenancy with one of three companies.

Read: http://www.direct.gov.uk/en/TenancyDeposit/DG_066391

Contact the three companies, and find out which is holding your deposit. If none of them are, then write to your landlord (recorded delivery) stating that as they failed to protect your deposit, then you'll be claiming back 3x your initial deposit.

Also ask to see receipts for all work carried out in the property.