Landlord asking me to pay agency charges & delaying return of depoist help

Ukraj

Hiya

Your advice is needed. My landlord/ agent are just useless.

I temporarily moved into rented accomdation as my own house sold and was awaiting completion of my new house earlier this year

Getting my deposit back has been a night mare !

I moved out on July 31st and still I have not received my deposit back.

The lettingh agents/ landlord keep coming up with a new charges every month and delay matters further.

The latest i have heard is this

"It has also been brought to my attention that you vacated the property prior to the end of your tenancy. This means your Landlord has paid 6 months fees but you were not living in the property for 6 months and ******** do not reimburse the Landlords fees if the contract is broken early by either party. Therefore you will be liable to mitigate the Landlord against the loss of fees. The total amount of fees due back to the Landlord is as follows:
1st August 06 – 15th September 06 = 46 days @ £2.62 per day = £120.52."

Am i liable for this?
No where in the tenacny contract does it say i am liable for agent fees?

I am also having problems with the landlord returning my deposit.

There are charges that they have added which i dont agree with

If i give you the whole story maybe somebody can advise what best to do

I moved in on March 16th 2006


When looking around for a flat I clearly stipulated to the local Birmingham letting agents i wanted a 4 month contract until August 1st.

I found a flat and agin the lettinga gent knew i wanted a four month contract. Also i thought the rent was too high, after discussion between the agent and landlord, the landlord agreed to allow a 4 month contract and lower the rent by £50 to £800 a month. The property had been empty for a few weeks so the landlord allowed it to be let out.


Intially i was told i would have a 3 month contract, which i would have to be extended for a month to make up the 4 months

However this was changed last minute to a 6 month one with a get out close saying that after 3 months i could give 4 weeks notice and move out.

On teh day of signing i highlighted this on my copy of the contract and added notes. I questioned thsi with the lettting agent and was told it was for my benefit as in case the landlord let it out after three months- id have to move out and be homeless for the last month.

The wording of the get out clause is

"32.1 Tenant’s Break Clause


The Landlord agrees that the Tenant has the right to terminate the Tenancy after the first 3 months by giving the Landlord not less than 1 months notice in writing to be sent by first class post or hand delivery to the address specified in clause 30.1 of this Agreement, to end the Agreement. To avoid any doubt between the parties it is agreed that the notice period cannot commence any earlier than 16th May 2006 and cannot expire any earlier than 15th June 2006 Such notice must expire at the end of a relevant period, being the day before the Rent normally falls due.

Upon the expiry of this notice this Agreement shall cease except that either the Tenant or the Landlord can pursue their legal remedies against the other for any breach of any pre-existing rights under the Agreement apart from the pre-existing right to a fixed contract which is subject to this break clause"


During the intial viewings there was a massive red wine stain on the living room floor, which the Letting agent was aware of.

I eventually moved in on MArch 16th. Whilst living there i found out a number of small faults. These included a faulty washing machine, hot water boiler faulty- so no hot water, broken bin, blown light bulbs, missing cutlery( 5 spoons, 4 forks 6 knives etc) and again the red wine stain in the living room.

Not very good for a supposed luxury city centre flat.

Nw all matters regardiong managing the flat were dealt with the London office.

I iinformed the london Office of my concerns above. The only thing i failed to mention was there blown lightbulbs as this i though was a trivial thing. The lightbulbs are the tiny halogen ones on a cluster of 4. There are in various locations in the flat. In all cases only one was blown and as the other three worked i wasnt too concerned.

Anyway the washing machine and boiler were fixed at the end of March

My concerns re the carpet were supposedly noted an copy of the email placed in my file. I kept asking for the check in inventory. I did this on numerous occasions. What i was sent was a inventory from 2004- Apparently this was all the landlord/ leting agent had.


I lived in the flat paying my rent on time with no further troubles.

I gave 6 weeks notice and requested to move out on 31st August on 16th June.

Since leaving a formal checkout inventory was done. Photographs of all the rooms were taken.

The above inventory mentioned that there various faults -some put down to wear and tear.
It made a point of mentioning the red the red wine stain on living room floor, a missing glass vase, the faulty light bulbs.

SO intially the landlord decided to deduct

£65 for cleaning- no specifics mentioned or proof or invoice

£44 for 4 blown halogen bulbs- the ones that 2.99 for a pack of two in ikea

£20 for a missing vase.

ie £120 in charges

The missing £20 vase was actually not missing. It on the windowsill behind the blinds and clearly seen in the checkout photographs.

I queried the cost of 4 lighbulbs at 11 each and the reason for £65 clenaing charge as i cleaned and tidided the flat to good stanrd before moving out.


Whilst awaiting for the landlord reply, i got landed withanother bill £90 for carpet cleaning.
So now it is £210 i owe.


I have been various emailes with the letting agent based in London office. I reminded them of my email and that the wine stain was there all along.

They intially said I should have got the check inventory changed to acknowledge all the faults including blown bulbs and stained carpet.

I then remined them that i asked for a check in inventory and one had not been done, i had also emailed them regarding the caroet and i have an acknowledgent email about this in MArch.



So suddenly the landlord decides to Halve the deductions but charge me 120 for the agent fees as i Moved out early.


My questions as to why i was charge £90 for carpet cleaning that was already stained not been answered. What the £65 cleaning charge is for and proof it was done, 44 is unreasnable for 4 light bulbs and that the vaseis not missing.


Where do i stand with the agent fees? I clearly told the birmingham office iwanted a 4 month stay and the landlord was aware as he agreed to it prior to moving in?

Should i except the halving of dedcutions to 110? or under pricniple contest it?


Sorry for long post your help is appreciated

Thanks in advance

Ukraj

advice- anyone?

real1314

As you had an agreement that allowed the break, I can't see that you have to bear the losses due to agent's charges. The landlord accepted the break clause, therefore they accepted the cost of the charges.

The £90 carpet cleaning - they need to specify what they were cleaning. £44 for 4 bulbs?? Hilarious. £65 cleaning- they need to sepcify what and why
and the missing vase that isn't?

More importantly, as you've said there was no check-in inventory, they have no evidence of the state of the property at that time and therefore cannot show a case to charge to re-instate it to that level.

You should contest the charges.
Send a letter staing that you want your full deposit returned within 14 days (?). Explain that you do not feel that the charges they have tried to apply are neither fair nor enforcable. You may wish to incluse the advice that if they do not refund your full deposit, you will be taking action to recover it through legal action.

hth

Emmzi

the legal action I would take would be money claim online. But give them a chance to do the right thing first.

kit

Put EVERYTHING in writting to them - just like you have done here.
Keep the letter neutral - keep feelings out of it.

You were well within your rights to leave in line with your break clause and you should not be charged any agency fees for this.

If there is no inital inventory then they can not charge you for anything really as they have no proof it was not like it when you moved in.

Write, ask them to reply with copy of move in invent, the 3 quotes they should have got for the cleaning / repair work and the final receipts. Say that you feel its necessary to apply to court if this is not resolved within 14 days.