Post-Checkout Letting Agency Woes - let this be a warning!

anotherstudent

Hi all,

First off, I've been reading this section of the forum for a while now and I'd like to thank all the major contributors for all your hard work and helpful advice.

Now, this thread relates to that most common of problems - having a letting agent who appeared to be lovely during the tenancy, and then became rather more sour as soon as it was time to release the deposit. Any help anyone can provide will be greatly appreciated, and if not, at least this post can serve as a warning to others!

The post is fairly long, but when you're dealing with a back-and-forth issue such as this, there's no other way it can be. Thanks for taking the time to read it.

A little bit of background history:

I have kept the flat in perfect order, paid all bills on time (utility and rental) and even helped the LA conduct viewings of the apartment - adding my own insight into the property and local surroundings (free parking spaces, local regeneration projects etc). The LA texted me after a viewing once, thanking me for my help - telling me I'd been "really useful".

My tenancy came to an end on the 1st of July. For the entire day of the 30th of June, my mother and I cleaned and scrubbed and mopped and hoovered the flat from top to bottom, using the inventory (that I'd kept since I moved in) as a checklist to ensure we didn't miss anything. It took us roughly 6 hours, including time taken to move everything out of the flat, and I have to say it was in as good a condition - if not better - than when I moved in.

Two weeks prior to this, I had received an email from my LA asking if I would like an accompanied check-out inspection. Of course, knowing that I could use it as an opportunity to verbally agree and discuss the state of the apartment and any discrepancies, I said yes.

The check-out came, and after looking round the apartment the agent (who did not introduce himself, so I didn't know his name) told me I had "made a good effort, but everywhere's still a bit grubby". I politely asked him to point out specific areas, and he said "just in general." When pressed to tell me which actual areas were not satisfactory, he said that they were the oven door, behind the wardrobe in the bedroom and under the bed. He said that "anybody moving in now would complain."

I pointed out that we had tried to clean the oven door when I moved in, because it was in that state then. We also tried again the day before the inspection. It was just not cleaning up. I even said to him "my mum tried to clean it with cillit bang, and trust me, she enjoys her cleaning!", and he didn't even smile and said "well, I don't know about that."

He then offered for me to, in his words, "have another go at it" and he'd come back tomorrow to check it out. I thanked him for the opportunity and rectified the areas he mentioned - besides the uncleanable oven door - took some photos of the lack of dust behind the wardrobe (which I had to move to see), and handed the keys back to the North Manchester Martin&Co office, as requested.

(side note - the area under the bed he mentioned? I found items from the previous tenant under there. Namely a sock and a sports bag. So much for anybody moving in would complain - I didn't!)

A few days later, I got an email from the office. They included photos of areas that needed cleaning, and said the apartment needed a "light clean". The photos were as follows:

• The oven door
• The dishwasher (just a general photo)
• A large mark on the wardrobe
• The washing machine's powder tray - there was a blob of gunk on it about the same size as a garden pea.

I explained to the admin assistant about the oven door. I reminded her that I sent an email in the first week of my tenancy stating that the dishwasher was broken, and that I gave her the error code and the meaning of it (a blocked water inlet pipe), and I received the reply "Have you tried adding salt?". I referred her to the inventory, which accounts for the mark on the wardrobe. I explained I had never opened the powder drawer because I use tabs you place in the washer drum.

I then asked why those issues were not brought up during the initial check-out, which I requested so that we could discuss any and all issues in person. (A few emails later, they charged me £45 for that checkout! Correct me if I'm wrong, but by missing items from that initial checkout and adding them on afterwards, they failed to provide the intended service - so the charge is unjustified?)

Anyway, after being threatened with a charge for the second check-out (which I quickly put a stop to by stating no written, verbal or implied contract was entered into for that checkout), I kindly offered to put £20 towards the light clean they wanted, just to speed up the proceedings. The £20 was based on quotes I obtained from local cleaning companies.

I also reminded them of the help I had provided during the viewings and that I hope they would extend me the same courtesy, but was told "whilst helpful, that has no bearing on the checkout". I then asked when they would have the figures for my deposit ready, and she replied "by Monday" - this was on Wednesday.

Monday came and went and I heard nothing. The following monday - a week late - I rang them to chase them up, and got an email later that day. It was only once I re-read my tenancy agreement that I found out the Independent Adjudicator for deposit disputes can refuse to handle cases if they are submitted more than 20 days after the tenancy has ended - and today was the 20th day. No surprises why they were stalling, then.

Of the £675 deposit, I was to receive £438 back. £60 for a "light clean", £45 for the check-out (a fee that had not been mentioned once, previously) and £130 for an unpaid electricity bill.

Now, without wanting to advertise, I am a distributor for the Utility Warehouse. Suffice it to say that I immediately switched my electricity (and telecoms) over to UW when I entered the flat, and have kept my account fully paid ever since. This £130 had not been mentioned before, and all of a sudden it was to be taken out of my deposit!

Martin&Co then emailed me to inform me that it was a bill they emailed to me in April, to which I "failed to respond". I proceeded to dig out the conversation to which they were referring, and it went like this (abridged):

"Here is an electricity bill. Please inform us how you would like to pay."
"I'm afraid that bill is from 2010, when I was not the tenant of this apartment. Furthermore, having looked at the bill, it is for the building's electricity. If you wished me to pay any bill for energy outside of my apartment, you should have made that clear in my tenancy agreement. I feel it isn't my responsibility and will say now that I shall not be paying if you provide me with one for a time when I was the tenant of the apartment."
"Sorry, we'll get the right one to you as soon as we can. It is your responsibility - please check clause 3 of your tenancy agreement."

So I awaited the bill, but it never came. Having recently checked clause 3, it refers to electricity payment for the flat itself - no other electric - but if they wish to charge me for "environmental" electricity, they will do so on or before the 30th of each month.

The first I heard of it was when they tried to take it out of my deposit - so I think that classes as them failing to stick to their own contract terms, which voids my responsibility to pay. That, and the fact that it was not mentioned when I rented the apartment, in the viewing, during my tenancy etc etc. They have now amended their explanation of the bill - the flat has 2 meters, one for plug sockets and one for heating - but I abide by my original statement that I should have been informed about it.

So naturally I'm disputing the deposit, and in addition I'm rather shocked and offended at the sudden change in attitude they've taken. On the same day as their proposed deduction email, I sent them a letter of complaint back outlining the above and stating that I would go to the ARLA/Property Ombudsman/MSE/Which?/Richard Martin himself/Universities in Manchester if they did not agree to release £635 of my deposit (the full amount, minus £40 for cleaning as a gesture of goodwill).

First off, let it be a warning to students and professionals in Manchester of the Martin&Co Manchester North Office's poor practices! If this post deters just one person from rushing into a contract with them, I will feel as though my ordeal hasn't been for nothing. Their petty excuses and introduction of new issues and charges without any notice has appalled me and seriously prohibited my life - that deposit money was my only money whilst I look for a job, having now graduated. Subsequently I have had to borrow from my parents, putting strain on their own finances; I have had to cancel direct debits and make excuses to a couple of bills I've had to pay until I've found money from somewhere, and have now racked up £120 worth of bank charges for unauthorised overdrafts that could have been avoided if Martin&Co had upheld best practices and released a fair amount of my deposit in a reasonable amount of time. My last landlord released my full deposit within three days of moving out - my landlord before that, within 8 days of moving out.

Second, does anyone have any thoughts on this? I am in the process of writing to all the people and organisations I listed above, but any other advice would be incredibly helpful.

Thanks,
Cameron

franklee

Cleaning, it should to be put back in the state it was in at the start. That should be documented in the inventory and you should have put anything you disagree with to them on writing at the time. I think that should put you in the clear for the oven door. State under the bed contained the previous tenant's bag so hadn't been cleaned when you moved in.

Utility bills. Initial meter readings should have been on the inventory. If there was just one in electricity meter reading and you've been working off that meter then I'd be putting that forward. It was up to them to let you know of the other meter and they didn't. Plus if they didn't read it on checkout from the last tenant how to they know what the reading was?

Their fees, only pay what was documented in the tenancy agreement or in their terms and conditions they gave you before you signed up.

What I'd do, find the name of the manager of the branch, write to them detailing factually and briefly as possible your view on each charge, referring back to the inventory and your comments at the time. Give them a time in which to return your deposit (less any charges you agree to) and say if they don't do that you will be making a claim for it's return.