struggling to get back my deposit

Tr1pp

Hello all, wondering if you could shed some light on my problem(s)
I moved out of my rented property on the 25/07/09. I returned the leaving inventory within a week of leaving. It is now over a month since left and have only just received part of my deposit today. Which leads me onto my problems.
1 – the inventory stated a few things that were different to when we moved in mainly the hallway which had “mucky scuff marks” and the bath which had a scratch in the enamel. Now i signed this (misleading) inventory as it stated no costs for work that needed to be done and because in my mind this would fall under reasonable wear and tear. 3 weeks after returning the inventory i found the landlord wanted to charge me for the cleaning of the walls and because of the scratch in the bath. Now in my contract it states that the agent/member must inform the tenant within 10 days of leaving of any intended deductions. its now over a month and i still do not have any list of intended deductions. can he landlord still charge me of have they missed their opportunity?
2- After receiving part of my deposit i found i have been charged £110 as a “check out fee” which is pretty cheeky as i would get charged this even if I stayed. I searched through my contract which states al charges and my deposit etc but no mention of this charge. I then was told that it is mentioned in the paper work i signed when i first went in to pay my deposit, 1st month rent and the agency set up fees. I admit i overlooked this charge but does this paperwork also count as a contract on top of my main contract i signed when getting the keys? Is this legally binding despite not being in my tenancy agreement contract? Or is every bit of headed paper i sign a legal contract?
Sorry for the long post but im starting to get a bit fed up constantly chasing this up especially as the agency appears to be moving the goal posts...after talking with them today they seemed to suggest that the 10day notice mentioned earlier doesn’t really mean a thing as they don’t manage the property direct.... Im starting to get worried that despite payments going though the agency the property was managed (repairs etc) by the landlord and that the contract i signed isn’t really worth the paper its written on as a result
So far i have received £400 and had £110 check out fee deducted but i feel as though the only reason the agency did this is because they wanted THEIR checkout fee!!!
thanks

doubleangel

This is from the direct.gov

Start of a new tenancy
At the beginning of a new tenancy agreement, pay your deposit to your landlord or agent as usual.
Within 14 days


Within 14 days, the landlord or agent is required to give you details about how your deposit is protected including:

• the contact details of the tenancy deposit scheme
• the contact details of the landlord or agent
• how to apply for the release of the deposit
• information explaining the purpose of the deposit
• what to do if there is a dispute about the deposit

If you don’t get this information, ask your landlord or agent the simple question – ‘how is my deposit protected?’

You have a responsibility to return the property in the same condition that it was let to you, allowing for fair wear and tear.
What if your landlord isn’t protecting your deposit?


You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.
******************


protection of deposit will either be the agency or the landlord...it will depend on what agreement they have in place. if agent said its not their responsibility they have to give you the landlords details so that you can chase via that route.

if they have taken money - would advise you to ask them to provide the paperwork you signed...quite a few agencies try it on thinking you wont check.

clutton_2

when did you move in and when did you sign your last tenancy agreement

were you the single occupant ?

how much was your rent ?


the check out fee may form part of the contract you had with the agent for them to find you a property - these fees are quite common - get out your paperwork and check it out.

Tr1pp

I moved in to the 26/01/09 and i was living their with my girlfriend paying £400 a month. i signed the contract when i moved in on the 26th of january but the check out fee is only mention in the paperwork i signed when giving the deposit etc 2 weeks earlier.

Also, you say it may form part of my contract for them finding the property. now they didnt really find the property for me, more like i found them advertising it, but im partly trying to find out IF it really is contractual as it is not in the thick contract i signed before i could get the keys but in the paperwork i signed when payng my deposit 2 weeks earlier.

kind of feel that if they can change the contract in regards to not getting a list of charges within 10 days as stated in my contract then why should i pay 110 checkout fee (if it is contractual)

Fire_Fox

Didn't you attend the checkout inventory? You'd then have had the chance to clean the mucky walls. Muck isn't wear and tear, it's lack of cleaning.

clutton_2

you are confusing 2 entirely separate issues here

you have a contract with the letting agent - you pay him a fee for having found you a flat (he advertised it, you responded) - such a fee often includes contract fees, signing in fee, signing out fee. You would have agreed to these fees when you agreed to accept the property.

You have an entirely separate contract with the Landlord (although he may have delegated his responsibility to an agent) who lets a property to you, and you pay rent to him/her.

two entirely separate agreements


you say "" Now i signed this (misleading) inventory as it stated no costs for work that needed to be done and because in my mind this would fall under reasonable wear and tear.""

if you think sensibly about this - a check out inventory cannot possibly contain prices for repairs, as a LL/Agent needs to go away and call builders to come and inspect the house and get quotes/estimates before agreeing that the repairs can be done for that price

you seem to have very unclear ideas as to what a tenants obligations are - there is a sticky thread at the top of this forum which is all about renting - you might learn a lot from reading it

if it was misleading why did you sign it ? why did you not clarify with the agent or landlord exactly what it was you were signing for ?