EagerLearner , Clutton and all Please help.

prudryden

You want a full description of the cleaning e.g. what was cleaned and please provide a copy of the receipt. Point out that the flat was spotless when you left, and, to the best of my knowledge, confirmed by the professional checking out company in conversation with him.

garichd

barnaby-bear wrote:

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.

barnaby-bear - Thanks for the link to the OFT documant.

We cleaned the windows from inside and space between them but not outside as it was first floor flat.

I have Pictures of everything and also the checkout inventory didn’t say anything about windows.

I am still waiting for the written statement from Letting agent

EagerLearner

Hi G - ask ARLA whether the agent is a member of the Tenants Deposit Scheme - they will know.

Your letter seems fine - best start getting things in writing - plus make sure you send it Recorded Delivery and keep everything in a file from now on.

We were also on a 2nd floor but were charged for cleaning windows generally, totally unfair. The receipts we were presented with were handwritten and/or estimates - make sure you check any receipts they send you.

In my mind, your LA have a nice little link with a local 'cleaning' company who they use everytime someone checks out - as managing agents they can prob charge you a 'set fee' rather than what the cleaning co actually charged them - IF they actually got a company in at all.

ARLA should be able to answer a fair portion of your questions, with the legal helpline answering the rest.

Keep us posted & get that letter sent off asap to light some fire under their bums!

ukbilly

You can check if they are ARLA members here:
http://www.arla.co.uk/search/search.asp

barnaby-bear

garichd wrote:

barnaby-bear - Thanks for the link to the OFT documant.

We cleaned the windows from inside and space between them but not outside as it was first floor flat.

I have Pictures of everything and also the checkout inventory didn’t say anything about windows.

I am still waiting for the written statement from Letting agent

It's a sample - if it didn't say htey had to be clean - it's not about windows but that they can't request professional cleaning

garichd

sent a email to LA requesting written statement . Will wait for reply till tomarow and will send the registered letter then.

Gari..

Sybarite

Am I being a bit of a thickie, as I can't identify the term in the OFT pdf doc that indicates that demanding 'professional cleaning' is potentially unfair. I can only find one that states that demanding professional window cleaning is 'potential unfair'

Can someone point out the relevent section? Thanks

EagerLearner

I'd like to hear about that too pls - as I could use it in my upcoming court case if professional window cleaning is potentially unfair... where can I get a link to these OFT lists?

clutton_2

Re unfair terms - the OFT terms are "recomended" unfair terms, to my knowledge, none have actually been tested in the courts. Most decent landlords and landlords associations will give most of them credence, but, this huge list of clauses on the OFT site may not always be relevant to individual situations/properties/tenants where certain clauses are not/are useful. There has to be some degree of common sense and fairness applied when using these clauses.

for example, saying "no dogs" in a house with large garden probably is unreasonable - saying "no dogs" in a Victorian flat conversion with old neighbours and no garden may well be seen as acceptable by a court.

re cleaning - i cannot imagine it is fair to stipulate how a property is cleaned - clean is clean - how it got that way, surely is irrelevant.

barnaby-bear

Sybarite wrote:

Am I being a bit of a thickie, as I can't identify the term in the OFT pdf doc that indicates that demanding 'professional cleaning' is potentially unfair. I can only find one that states that demanding professional window cleaning is 'potential unfair'

Can someone point out the relevent section? Thanks

http://www.oft.gov.uk/News/Press+releases/2003/PN+54-03.htm
Pretty clear professional cleaning clause is deemed unreasonable.


Sorry you have to be fairly familiar with the legislation... there's a guide to the docs. outlining arbitration and case studies somewhere.... the case studies at arbitration of pilot deposit scheme also deemed professional cleaning unenforcable.
English law is mainly set via precedent and lots set see case studies:
http://www.tds.gb.com/


This may help too
http://www.arla.co.uk/info/depdisdam.htm