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deposit monies retained by letting agent - PRE deposit protection scheme
wasowski
Posts: 17 Forumite
hi there,
Ok, I'm at the end of my rope, had enough, fed up and exhausted...
Moved into private rental property (Letting agent) in sept 2006, paid 1 months rent as deposit, 1 months rent as 'dog' deposit and a months rent in advance. As we were actually on a council list at the time the council paid 1 month as deposit to save them trying to house us.
Total amount £1375.
Lived there quietly for 4 and a half years..never defaulted on rent (even went into office and paid cash every month) never caused any hassle, or asked for any un necessary things doing. Even repaired things that were damaged by previous tenants dog-scratched doors.
Moved in March this year - 5 hours away.
On leaving, I spent 4 days with friends- cleaning, had the carpet cleaned professionally and provided receipt to LA, re-painted all walls, filled holes, power washed outside of house, fixing up garden - had agreed with LL to create patio at top of garden as dogs+muddy wet cornwall weather = bit of a messy garden, so had a tonne of gravel delivered and carefully shovelled it (alone!) from driveway to top of garden, put down weed membrane and made gravelled patio area, left a garden table and chair there for next tenant.
Left on good terms with LA, handed in keys on time etc etc
NOW.....
LA has returned the councils part of the deposit to them (£550) and has claimed from our part..
£119 for cleaning
£25 for filling pinprick hole on ceiling in a bedroom (childs toy was hung from small hook there - forgot to fill hole)
£100 for carpet cleaning - they say carpet cleaner had not done a good enough job
£45 for mowing lawn and removal of garden chairs
and some other amounts (still awaiting email of breakdown)
bottom line, we are getting £465.77 back
They have already done all these things, we did not agree the charges and I dispute with great fire and brimstone that carpet cleaning charge, if it wasnt good enough surely they should take it up with the cleaner as they have the receipt, yes I agree there was a degree of dog hair but after 4 and a half years there is going to be dog hair knitted into a (at least) 8yr old carpet regardless of how much you hoover!
And as for mowing the lawn, well we moved out in March..so the grass was short when we left, why are WE being charged for cutting it in May?:mad:
Apologies for the rant....
Does anybody know where we stand legally here? The deposit is PRE DPS so no help from them, I get the feeling that because we have moved so far away that the LA has just taken advantage and used our money willy nilly without fear of being chased up.
Pleease help!:p
Ok, I'm at the end of my rope, had enough, fed up and exhausted...
Moved into private rental property (Letting agent) in sept 2006, paid 1 months rent as deposit, 1 months rent as 'dog' deposit and a months rent in advance. As we were actually on a council list at the time the council paid 1 month as deposit to save them trying to house us.
Total amount £1375.
Lived there quietly for 4 and a half years..never defaulted on rent (even went into office and paid cash every month) never caused any hassle, or asked for any un necessary things doing. Even repaired things that were damaged by previous tenants dog-scratched doors.
Moved in March this year - 5 hours away.
On leaving, I spent 4 days with friends- cleaning, had the carpet cleaned professionally and provided receipt to LA, re-painted all walls, filled holes, power washed outside of house, fixing up garden - had agreed with LL to create patio at top of garden as dogs+muddy wet cornwall weather = bit of a messy garden, so had a tonne of gravel delivered and carefully shovelled it (alone!) from driveway to top of garden, put down weed membrane and made gravelled patio area, left a garden table and chair there for next tenant.
Left on good terms with LA, handed in keys on time etc etc
NOW.....
LA has returned the councils part of the deposit to them (£550) and has claimed from our part..
£119 for cleaning
£25 for filling pinprick hole on ceiling in a bedroom (childs toy was hung from small hook there - forgot to fill hole)
£100 for carpet cleaning - they say carpet cleaner had not done a good enough job
£45 for mowing lawn and removal of garden chairs
and some other amounts (still awaiting email of breakdown)
bottom line, we are getting £465.77 back
They have already done all these things, we did not agree the charges and I dispute with great fire and brimstone that carpet cleaning charge, if it wasnt good enough surely they should take it up with the cleaner as they have the receipt, yes I agree there was a degree of dog hair but after 4 and a half years there is going to be dog hair knitted into a (at least) 8yr old carpet regardless of how much you hoover!
And as for mowing the lawn, well we moved out in March..so the grass was short when we left, why are WE being charged for cutting it in May?:mad:
Apologies for the rant....
Does anybody know where we stand legally here? The deposit is PRE DPS so no help from them, I get the feeling that because we have moved so far away that the LA has just taken advantage and used our money willy nilly without fear of being chased up.
Pleease help!:p
0
Comments
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The first thing to be established is whether there was a full, dual-signed inventory at the start of your tenancy. No inventory equals no deductions. What proof does the landlord or their agent have that any deficiencies claimed for were as a result of your tenancy?0
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There IS an inventory but im not sure no inventory = no deductions is true. I personally have no copy of inventory, but I fulfilled my obligations re: the carpets, they only asked that I have them cleaned and provided a receipt, not that i personally must pick out every single dog hair! Im pretty sure the inventory does not state that the inside rims of the windows were spotless (i have been charged for cleaning them) and surely if I have altered ( WITH LLs consent) the garden layout then what it says on the inventory (if it says anything about garden) is irrelevant...I had the front hedges clipped before I left and the grass was short so I cannot see the problem. I find it interesting that the LA has NO problem with the things on the inventory (the parts I added and they have a copy of) that I fixed, perhaps I should go back and UN-fix them..0
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Oh, you might not be certain that no inventory equals no deductions but I am!
Read the inventory. If you don't have a copy ASK the agents for a copy of it IN WRITING. NOW.
Do not be browbeaten by them and do not get bogged down in the details for the moment. Your responsibility was to return the property in the exact state that it was when your tenancy started. Where there was no exact detail in the inventory no deductions can be made. Trust me.0 -
BitterAndTwisted wrote: »Oh, you might not be certain that no inventory equals no deductions but I am!
You might be but the law is not. Any other form of evidence of the condition of the property would suffice. The TDS dispute service have even published a case study explaining the other types of evidence they would accept (eg cleaning receipts dated just before the tenancy started).
As people have explained to you before, without an inventory it would be more difficult for the LL to prove their case, but far from impossible.0 -
OP - a few comments to help you decide if the charges might be fair as only you know the full situation.
The validity of this depends on whether you left the property in the same state less fair wear and tear. Only you know if this is the case but this
LA has returned the councils part of the deposit to them (£550) and has claimed from our part..
£119 for cleaning
could imply that there may have been some dog hairs left at the end of the tenancy. If this is the case, this would justify some cleaning costs (although GBP119 seems steep unless we are talking about a large house or London).they only asked that I have them cleaned and provided a receipt, not that i personally must pick out every single dog hair
While perhaps a little petty, this is a valid deduction and GBP25 is a reasonable charge as, I suspect, it is the LL's contractors standard minimum call out charge.£25 for filling pinprick hole on ceiling in a bedroom (childs toy was hung from small hook there - forgot to fill hole)
See comment on cleaning generally.£100 for carpet cleaning - they say carpet cleaner had not done a good enough job
If the lawn was longer than when you moved in then this would be reasonable, as would the charge for removing chairs if they were not present at the start of the tenancy.£45 for mowing lawn and removal of garden chairs
Does anybody know where we stand legally here? The deposit is PRE DPS so no help from them, I get the feeling that because we have moved so far away that the LA has just taken advantage and used our money willy nilly without fear of being chased up.
Pleease help!:p
Comments are above. The filling of the hole you probably need to concede. For everything else you dispute you need to write to your LL demanding the deposit back. State that you will go to court to get it returned if they refuse. Then, if they refuse to return it, launch a small claims court claim.0 -
Which was why I asked the OP "What proof does the landlord or their agent have that any deficiencies claimed for were as a result of your tenancy?" There could be other proof like photos or a written witness-statement. Asking the agents for a copy of the dual-signed inventory was suggested as a first step, hoping that should there not be one they would show their hand by offering some other proof of the condition of the property at the start of this tenancy.0
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If the lawn was longer than when you moved in then this would be reasonable, as would the charge for removing chairs if they were not present at the start of the tenancy.
the lawn was mowed before we left, they are charging for mowing nearly 2 months afterwards!
as for fair wear and tear, surely if you allow dogs into a property then 'some' dog hair must be wear and tear, its impossible - short of removing carpets- to get rid of all dog hair!0 -
ASK THEM FOR A COPY OF THE DUAL-SIGNED INVENTORY IN WRITING! This should send a clear signal to them that you are not going to take all of these deductions lying down.
Once you have it, you can start outlining why you are disputing some of them. We can help you compose any correspondence if you require it. The pin-hole in the ceiling is definitely your responsibility but not the rest.0 -
am doing just that, they can forget lawn mowing expenses. yes i agree the pinhole IS my fault, but im !!!!!!ed if im letting them take this much from our money, i spent enough fixing the place up..kinda wish i had'nt bothered now!0
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