EagerLearner , Clutton and all Please help.

garichd

Hi All,

I need help with regards to my deposit.
I moved out of the rented flat in the beginning of October 06 after 2 years and 1 month of residence. At that time Professional guy did the check out Inventory. We left the house in very clean state (me and my wife spent 2 whole days on cleaning). The inventory guy noted the points that house is in as in condition no damage or no stains and asked if we did the cleaning ourselves or get the professional people to do it. We said we did it and he noted in the inventory, Domestic cleaned.

I was waiting for a communication from letting agency regarding my deposit and around 10 days back I was checking my bank account and found a fund transfer to my account via letting agency. The funds were transferred after £200 deduction. I bit shocked that no communications was sent before deduction and called letting agency. I was told that £150 Pounds is compensation to the landlord and I will get the account statement in few days (still didn’t received).
I asked if I can know the break-up of £200 and was told

£100 for cleaning
£50 for General wears and tears
£50 for Check out inventory. (I agreed with this).

I said the house was in clean state and been told but it was not professional clean but domestic clean.

I have taken 100’s of pictures at the time of checkout, which includes opened fridge/freezer; oven/microwave to show how clean the house was left and some pictures are showing Inventory guy as well.

Till Today I haven’t received a written account statement confirming these deductions even after couple of calls.

Please help how should I proceed further or what are my rights.

Thanks,
Gari.

clutton_2

this is now 3 months overdue for a start.

firstly you need the written statement.

how much was the deposit ? How much was the rent ?

is there a clause in your agreement which says that you have to pay for the leaving inventory (check it out thoroughly)

"wear and tear" is just not allowed !!!!!!

does your camera photos show the date they were taken ?

garichd

clutton wrote:

this is now 3 months overdue for a start.

firstly you need the written statement.

how much was the deposit ? How much was the rent ?

is there a clause in your agreement which says that you have to pay for the leaving inventory (check it out thoroughly)

"wear and tear" is just not allowed !!!!!!

does your camera photos show the date they were taken ?

Hi Clutton,

Thanks for your reply.

The rent was 575 and it was one-month deposit - 575.

Yes there is a clause in the agreement that Tenet will pay for check out inventory.

and yes the camera photos show the date and some photos even has inventory guy doing the inventory so that will prove that the photos were taken on the day of inventory.

How to go for written statement. Letting agency is just not sending it.
Shouldn't they send it before taking any deductions and transferring the money to my account?

Thanks,
Gari.

lynzpower

Ask for the statement in email form "for your records"

In any case, Id just start the court process now. the 50 wear & tear is illegal as clutton says, so youll at least get this.

Dont forget court interest rate of 8% since the day the cash was supposed to be returned to you- add this into your claim.

EagerLearner

Hi Garichd - I'd agree with the above - this is just a sneaky way for them to get extra cash from you - and most tenants won't fight back. I have learnt the hard way and with the help of many a good folk on here, fought back and taught the letting agent and the landlord a thing or two.

Are the letting agent a member of ARLA?
Were the letting agent part of the Tenants Deposit Scheme when you signed up?

You could seek advice via ARLA perhaps, or your local Citizens Advice Bureau. Also there is a legal helpline on 0845 456 6815 which may also help you.

Seems that you are owed £150 - keep in mind that the court filing will cost around £80. If you win, you should get £230 in total back from letting agent. Beware that if the letting agent was just 'acting on behalf' of the landlord it is the landlord you need to chase for this (same as me). Whereas if the letting agent was acting as managing agent, then it's them that you take to court.

Have court myself today - ugh - anyway let us know how you get on!

barnaby-bear

garichd wrote:

Hi All,

I need help with regards to my deposit.
I moved out of the rented flat in the beginning of October 06 after 2 years and 1 month of residence. At that time Professional guy did the check out Inventory. We left the house in very clean state (me and my wife spent 2 whole days on cleaning). The inventory guy noted the points that house is in as in condition no damage or no stains and asked if we did the cleaning ourselves or get the professional people to do it. We said we did it and he noted in the inventory, Domestic cleaned.

I was waiting for a communication from letting agency regarding my deposit and around 10 days back I was checking my bank account and found a fund transfer to my account via letting agency. The funds were transferred after £200 deduction. I bit shocked that no communications was sent before deduction and called letting agency. I was told that £150 Pounds is compensation to the landlord and I will get the account statement in few days (still didn’t received).
I asked if I can know the break-up of £200 and was told

£100 for cleaning
£50 for General wears and tears
£50 for Check out inventory. (I agreed with this).

I said the house was in clean state and been told but it was not professional clean but domestic clean.

I have taken 100’s of pictures at the time of checkout, which includes opened fridge/freezer; oven/microwave to show how clean the house was left and some pictures are showing Inventory guy as well.

Till Today I haven’t received a written account statement confirming these deductions even after couple of calls.

Please help how should I proceed further or what are my rights.

Thanks,
Gari.

Wear and tear not allowed - LL can get tax rebate for wear and tear so he's trying to get money twice. Besides it's unreasonable (legally and morally) to expect you to live somewhere for 2 years with no wear.

It is also deemed by the OFT to be unfair to demand "professional" cleaning so there is guidance to back you up.
http://www.oft.gov.uk/NR/rdonlyres/DAAEFE58-1AAB-422A-AFED-BDE6C654A4EE/0/oft356.pdf

(search for window cleaning)
If it was clean and you have evidence they can't demand it got clean by one method other another nor can they charge you.

Check out charge if in contract yep you agreed to pay it so have to.

Actions:
Letter outlining why deductions unfair and asking for money refunded by xxx date or else you will small claim deposit and all charges you incur in recovery of.

It's pretty standard for agencies/LLs to do deductions of this level £200 enough to boost their profits, small enough to almost be not worth chasing.

but WAIT for the breakdown in costs if they write down wear and tear, if you tip them off it will be windows/carpets not cleaned, or wonky lock or something harder to prove.

prudryden

I think the problem is the fact you said domestically cleaned. (NOTE: I am aware of the guidance of the OFT on professionally cleaning). However, a professional cleaner would have steam cleaned the carpets and steam cleaned the cooker. If you did not do this, the LL may have had to hire someone to do this.
Having said that, after being a good tenant for two years and paying £14,000 in rent, I am surprised that the LL would charge you. My guess is that the LL has a managing agent who had it cleaned, advised the LL, and the LL told the agents to take it out of the deposit.
I would go and sit in the Letting Agents office until you get a complete breakdown of the cleaning charge. Who did it and what was cleaned. £100 is too cheap for a professional company unless it was a very small flat.

prudryden

You should have received a checking out letter from the LA. Did you receive this and, if so, what did it say?

garichd

lynzpower wrote:

Ask for the statement in email form "for your records"

I have called them number of times for this but no luck. Please help me to draft a good letter/mail to chase them again.

This is what I have drafted. Please proof read it.

Hi XXX,

This is in Regards to the Deposit of the Property XXXX. I found out that the deposit has been returned to my Bank account after deductions of £208.75. I am bit shocked that no communication was sent to me explaining the deductions before the deductions were made. From what I understand the £58.75 (£50 + Vat) is for Checkout Inventory, but I have no idea about the rest of £150 deductions. Can you please send me the Statement of my account explaining the deductions?

Kind regards,
xxxxxxx

black-saturn

If when you get the statement it says they employed some kind of cleaner as for the receipt of this as it sounds to me like it didnt need professional cleaning and they are keeping your money for nothing.

As EagerLearner said, contact ARLA as they will be interested to know about a letting agency which is not complying by the rules.

garichd

EagerLearner wrote:

Hi Garichd - I'd agree with the above - this is just a sneaky way for them to get extra cash from you - and most tenants won't fight back. I have learnt the hard way and with the help of many a good folk on here, fought back and taught the letting agent and the landlord a thing or two.

Are the letting agent a member of ARLA?
Were the letting agent part of the Tenants Deposit Scheme when you signed up?

You could seek advice via ARLA perhaps, or your local Citizens Advice Bureau. Also there is a legal helpline on 0845 456 6815 which may also help you.

Seems that you are owed £150 - keep in mind that the court filing will cost around £80. If you win, you should get £230 in total back from letting agent. Beware that if the letting agent was just 'acting on behalf' of the landlord it is the landlord you need to chase for this (same as me). Whereas if the letting agent was acting as managing agent, then it's them that you take to court.

Have court myself today - ugh - anyway let us know how you get on!

Yes the Letting agent is member of ARLA, and also they have been taken over by another big agency around a year back.
Not sure about the Tenants Deposit Scheme. , How to find out this?

I am not sure but I believe the agent was the managing agent. I never met or speak with Landlord. Agent was taking care of everything including quarterly Visits to property and any maintenance issues. Also the rent was paid to letting agent only.

EagerLearner – I will go through your thread to find about your today’s court hearing.