Return of deposit - rented flat

dustyspringboard

Here's hoping that somebody can help me out with this one!

I was renting a flat in Edinburgh (my tenancy started in October 2006) from a company called Lothian Homes and my tenancy finished on 9th April.

I cleaned the flat from top to bottom - it was spotless throughout! On 9th April, there was a check-out inspection carried out by a representative from another company. I was present at this inspection and the guy told me that the flat was very clean and just needed some refreshing i.e paint work but that this was the landlord's and not my responsibility. He explained that he would put that in his report.

I still haven't received my deposit of £560 so, after contacting Lothian Homes, I was told that £58 would be withheld. This was for cleaning the kitchen units, as they say they were dirty, and the electric cooker hob, where they say the rings were black. I was told that another inspection had taken place, by somebody from Lothian Homes, after 9th April. I was not informed that this second inspection would be taking place.

After telephoning the agent responsible for the first inspection, he confirmed what he had written in his report i.e that the flat was clean.

In addition, my original tenancy was with another company, Malcolm Homes, and changed hands half way through. The original inventory that I signed and agreed clearly states that the kitchen units and electric cooker were in a fair condition (as opposed to good, very good, excellent or poor which were the other categories).

Obviously, I am going to fight to have my deposit returned in full - there is no justification for Lothian Homes to keep any amount of it.

Can anybody help me to explain where to go from here?! I'm counting on your wisdom!!

pyueck

Hi,

Firstly may I say how common your plight is and I know how powerless you probably feel. Unfortuntely there is no penalty for an agency and landlord to try on such things, and the only penalty they can get for trying this on is not getting your money. I am pleased you are wanting to fight this as the more tenants that do the harder it is for agencies to pull off this trick. In many cases the agent is effectively comitting fraud. Also beware the old 'we are just acting on the instruction of the landlord' rubbish, when in many cases they are getting a huge comission for the cleaning, plus are wanting to keep the landlord on side.
The one and only thing you should be interested in is have you fulfilled your contractual obligations. Agents often say 'The landlord is very particular' etc etc, this is of no concern to you. Neither is it reasonable to expect the flat to be 100% clean, obviously it needs to be as clean as you moved in, but ive heard of agents trying to deduct £50 cleaning for a breadcrumb.
My advice is use my letter below to get your deposit back. I would say if it doesn't work at first go to arbitration as it sounds like you may win there, if not think if court is worth it. Plus leave your feedback on the agent on one of the feedback sites. Another thing that works is to wait till a busy Saturday morning, wait till its busy and then go into the agent and noisily demand your money back in front of prospective tenants.

Make sure you send this by recorded post to both the landlord and agent, as often the landlords freak out when they receive this and give in.

Dear Sir,

It has now been x days since I moved out of X, and I have fulfilled all my contractual obligations. I have not yet had my deposit refunded, and this is outside the guidelines of the scheme.

The deposit is my money and as I have fulfilled my contracual obligations I am entitled for it to be returned to me in full without delay. Unfortunately if I have not received my deposit back in full in 7 working days from the receipt of this letter I shall have no option but to launch a legal case to reclaim the money and any costs incurred. I trust that this course of action will not be necessary,

Many Thanks

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clutton_2

pyueck -- you omitted to see that the OP is in Scotland where Deposit Schemes are not available to tenants......

OP needs to write a letter headed "Letter Before Action" similar to the last paragraph above and then be clear that if the deposit is not returned in full, you will take the LL to court - NOT the different agents - its the landlords responsibility.

Do you have LLs address ?

pyueck

clutton wrote: »

pyueck -- you omitted to see that the OP is in Scotland where Deposit Schemes are not available to tenants......

OP needs to write a letter headed "Letter Before Action" similar to the last paragraph above and then be clear that if the deposit is not returned in full, you will take the LL to court - NOT the different agents - its the landlords responsibility.

Do you have LLs address ?

Clutton, you are right I didn't notice. Get that letter sent!

Jowo_2

Look at the Shelter Scotland website for info on how to address this.

Remember that your actual dispute is with the landlord (the owner of the property) rather than the agent (who represents them).

dustyspringboard

Many thanks for your help.

Lothian Homes are the owners of the property so my dispute is with them, not the guy from the agency who conducted the check out inspection.

Out of interest, does anybody know where I stand legally with this 'post inspection inspection' that Lothian Homes said took place after my tenancy ended. The first check out inspection proved that the flat was clean, and I was present at that. Do landlords have an obligation to inform you that an inspection of the property is going to take place to give you an opportunity to be present?

Once again, thanks to those who have posted helpful replies so far. I love this site!:T

pyueck

dustyspringboard wrote: »

Many thanks for your help.

Lothian Homes are the owners of the property so my dispute is with them, not the guy from the agency who conducted the check out inspection.

Out of interest, does anybody know where I stand legally with this 'post inspection inspection' that Lothian Homes said took place after my tenancy ended. The first check out inspection proved that the flat was clean, and I was present at that. Do landlords have an obligation to inform you that an inspection of the property is going to take place to give you an opportunity to be present?

Once again, thanks to those who have posted helpful replies so far. I love this site!:T

'inspections' legally are pretty much meaningless. All they mean is somebody that is not independant coming in and determining in their opinion if the place is in the condition they expect. If you left the property clean, the landlord can't just say that 'oh well there was an inspection that found it wasn't clean'. The landlord needs to provide proof that it wasn't clean to make you pay. As when the inspection took place when you no longer occupied the property, you have no right to be there, although the 'inspection' will only be legally relevant if they have evidence that holds up in court for the dirt they are talking about.

dustyspringboard

Thank you all for your advice. I phoned Lothian Homes today and explained that they needed to prove that the flat wasn't clean, despite passing the check out inspection. Unsurprisingly, the photos of the property that they originally said they had no longer exist! Lothian Homes have agreed (verbally) to return my full deposit. Two cheques for the full amount have been issued and I should receive them within about 10 days. Let's hope they keep their word!