Problems w landlord and deposit

kitty-kat_5

We moved into our previous rented house in May of 2006, and moved out Sept 2010. I made sure that the house was spotless, although it was done by me and not a professional company. All the holes were filled, walls painted, etc. Now the letting agency has sent us the deductions from our deposit- they want £240 for drycleaning the curtains (which are 4 1/2 years old and cheap to begin with!) and £300 for a professional clean. The house was recently renovated before we moved in, however it was mostly diy so ok, but not the best finish. On looking at our contract, it states that the property must be left in the same clean state or condition, and also that we are responsible for cleaning costs to bring them to the condition they were in.

ok, fair enough- but what about normal wear and tear? There was nothing broken, and we left the house very clean, and had the carpets cleaned. As far as I know, the house wasn't professionally cleaned before we moved in (will have to recheck the inventory). They also want to charge us £120 for the person (extra to the letting agency) who did the check out inspection!

Are these charges allowed? Will we have a chance to get some back if we take them to court?

BitterAndTwisted

Wear and tear is not damage or dirt. Ask to see the invoice from the cleaning contractor and dry-cleaning bill. I don't believe for a moment that dry-cleaning a pair of curtains would cost £240!

sooz

I would guess that that's for dry cleaning all the curtains, not just one pair. Dry cleaning curtains is bloody expensive.

Ask to see the bill that proves they were dry cleaned before you moved in.

tbs624

Did you sign a new fixed term agreement at any point post 6 April 2007? (If you did then your tenancy deposit should have been scheme registered, if property let under an AST and in Eng/Wales)

They can't simply charge you 300 quid for "professional cleaning" - they can ask that you clean to a professional standard *if* the property was provided to you in that condition at the start and if they can prove that it was.

If an independent inventory clerk is to be used it is usual for the LL to foot the moving in payment and the T the moving out one, but these costs have to have been made clear to you at the start of your tenancy. Have you checked your original paperwork?

As Sooz says, ask for proof that the curtains were dry cleaned prior to you moving in

kitty-kat_5

Thanks for the replies. When we moved in, the curtains were new. Unfortunately no we never actually renewed the lease, just kept a month-to-month, so I assume that the agent is holding our deposit? I've read and re-read our tenancy agreement, and there isn't any mention of us paying anything towards either check-in or check-out. The initial check-in was done by someone in their office, not and independent inventory clerk. If the curtains were new, I'm assuming they don't have proof of dry cleaning! In my opinion, that house was cleaned to within an inch of it's life, only it was done by me and not a company. Any reasonable person would agree that it was left clean and tidy. They also want to charge us £50 because of a small stain in one of the bedrooms. I do admit that is our fault (son's bedroom) but the carpet in the bedrooms was the dirt cheapest available and laid straight to the floorboards, no underlay. I can't imagine replacing the whole upstairs wouldn't even cost £50! How do they come up with these figures- seems they just grab them out of the air!

shotton123

you may also want to complain to the propery ombudsman service, you can get information from their website www.propertyombudsmanservice.co.uk if the letting agency is a member they have certain legal obligations to comply with it is a very lengthy process but it could be worth it in the end.

I used a letting agency that let us move into a property that had no cooker working and provided a report telling us of that, they promised to have it fixed and then washed our hands of us, saying that they could not force the landlord to fix it if he did'nt, the inventory clearly stated a cooker so the rent incorporated this, but we never had a working cooker throughout our 6 month tenancy so I have asked the property ombudsman service too look into it, they ask for the estate agents file and evidence.

It might be worthwhile enquiring if they help you

kitty-kat_5

Now we've heard back that because the items in the property were new when we moved in, we have to return the property exactly in the same state, i.e. new and unused. Can they really demand this sort of quality after we lived there for 4 1/2 years?

pinkshoes

kitty-kat wrote: »

Now we've heard back that because the items in the property were new when we moved in, we have to return the property exactly in the same state, i.e. new and unused. Can they really demand this sort of quality after we lived there for 4 1/2 years?

No, they can't deduct that. They can't charge you for fair wear and tear!

I would ask to see their quotes they obtained for the dry cleaning, along with an itemised bill, along with 3 quotes obtained for a professional clean, and a receipt.

Did it say in your contract that you'd have to pay for professional cleaning, or did it just say that it needed to be left as you found it?

kitty-kat_5

Just that it had to be left in as clean a state as on the move-in. They are using a clause in our contract that states that we'll be charged to make right anything not done, i.e. cleaning. But our argument is that it was done to a high standard. They seem to contradict themselves by saying that they've accounted for normal wear and tear, but then demand we exit the property leaving things "as new", which is an impossibility.

westlondonbuyer

You need to write a letter to the LA/LL telling them you expect the deposit back in full within 5 working days or will file a claim in the Small Claims Court. It's a very easy process, and you can even get free representation from the lawyers at your CAB if you need it.

I've also never heard of the tenant being charged for the inventory check at the end of the tenancy, but you'll need to check your contract on that one.

kitty-kat_5

Actually they've produced a doc with my signature that says that the landlord will pay for the check-in, and we the check-out. Only our check-in wasn't done with a professional (just a guy from the estate agency), so isn't detailed at all (i.e carpet clean, wall newly painted, etc). Can they expect us to fork out when clearly they didn't?
They (the letting agents) are also threatening to charge addl for a proper gardener to come out, rather than us just agreeing to the £50, as well as claiming that a blind they replaced could also cost £150 rather than the £50 they've charged. 1) the blind wasn't broken, just stored in the garage, and 2) there is NO WAY that it came from Hillarys as claimed, more like Homebase.
Maybe I will just give the landlord directly the letter before action, and just stop dealing with the estate agents....