Can LL Deduct Cleaning Fee from Deposit 2 Days After They Checked You Out?

WD40

Hi,

On Monday I checked out with the landlord on the day my contract expired. LL congratulated me on how clean the place was. The new tenant was there at the time and seemed ok with the place. I handed him the keys and we all locked up and went our separate ways. Just as tenant left, LL pulled me aside for a 'quick word'... 'Leave a week before asking for your deposit back in case of any issues'... I thought this highly odd, but didn't want to cause a scene.

LL said on Wednesday that new tenant isn't happy with cleanliness of walls, and freezer compartment needs thawing. LL plans to send in the 'firm's office cleaner' and bill me for it...

Surely, it's the LL's responsibility to see if the place is clean and raise an issue before I hand keys to new tenant? LL has admitted in email that they didn't notice these issues on Monday!

If all LLs just go around charging for faults after the check out, who knows where it could end? (!)

What can I do? I haven't complained yet, as I want as much of the £1,200 deposit back in case they decide to invent other issues. Once I know the deduction I can complain, but how and who to?

The place was dirty when I moved in (I have witnesses to this), but I didn't want to be petty...

Thanks in advance.

amiehall

Did you agree any deductions between you at checkout or are you expecting your full deposit? You need to sign in to the site of whoever has protected your deposit and register that you're expecting your full deposit back. You are only required to return the property in the state you received it. The LL must prove that condition on entry and exit to claim any deductions. Without this evidence, the deposit scheme won't authorise the deductions and you should receive the full deposit back.

olly300

Dispute the landlord holding on to any of the deposit in writing particularly if you didn't have an inventory.

If your tenancy started 6 April 2007 your deposit should have been held with a tenancy deposit scheme if you are in England which you should have been given details off.

If you aren't in England or your deposit wasn't held in a deposit scheme then write a letter to the landlord sending it by recorded delivery and another copy of letter which you should hand deliver with a witness. In the letter state that if you do not receive your deposit back within 14 days free of any deductions you will be taking the landlord to court as you dispute his claims.

Do not at this time state what evidence you have to show you left it cleaner then when you got it gives the landlord plenty of time to invent stuff. (They can still invent stuff when you start court action and eventually they see what you are going to throw at them, but it gives them less time to make up a coherent story.)

If the landlord wants to try it on they will try and keep up to £100. Even this amount you should start court action over. However there is a process you need to follow.

The reason to send two letters saying the same thing is often people pretend they don't get letters threatening to take them to court. So if you send the same letter more than one way if you do end up in court on the balance of probabilities you will be believed that you did send the letters.

Also do not get into any verbal correspondence by telephone or face-to-face with the landlord unless you have a witness with you who isn't a family member. Otherwise you get into a situation of he said/she said. If they phone you just say you are busy and are not free to talk then say bye and put the phone down. Keep doing that.

WD40

>If the landlord wants to try it on they will try and keep up to £100.

This is what I think they're going to do. They're a large developer firm, and I suspect it's company policy. On many properties it will make for a decent bonus.

The property was totally unfurnished, except for a fridge (with a freezer unit I didn't even realise existed!), microwave and hob unit.

I never received any notice of the DPS and tenancy was only on a short-term contract (I had to get out as soon as it ended as the area just had too many issues...).

LL works for (I suspect is a partner) a large developer, which has a chequered reputation (I only found out after moving in).

I bent over backwards to find a new tenant and assist new tenant (LL found tenant in the end), even though my contract had ended, in order to engender goodwill. So much for that...

Thanks.

edit - re: were deductions agreed at check out. Please refer to my original post. LL told me to 'allow a week' for deposit return, 'in case new tenant finds issue'. This makes me suspect it's company policy to try it on. LL is also sending in company cleaning firm, instead of independent...

olly300

Then write a letter disputing your deposit and give them 14 days to pay up.

After exactly 14 days you need to send them a "Letter Before Action". The letter needs that title on it. In it you just need to say that you dispute their right to keep any of your deposit, you give them 14 days to give the amount of xxx (the amount of the deposit in figures) otherwise you will be going to court and they will be liable for all costs and expenses. Also mention you are taking them to court because they didn't protect your deposit as they are legally obliged to do by law.

After exactly 14 days put a claim in on MCOL you have to pay but normally when court action starts landlords eventually pay up as it's a hassle for them.

Don't stop any action until you receive your money in full.

tbs624

WD40 wrote: »

The place was dirty when I moved in (I have witnesses to this), but I didn't want to be petty...

Was a jointly signed inventory completed at the start of the tenancy?

If not LL may struggle to justify deductions.

Yorkie1

The LL cannot make deductions based on comments from a new T. The sole issue is whether you left the property in as good a condition as when you took it on, subject to any fair wear and tear. If there is no jointly signed inventory at the start then the LL is on a hiding to nothing, as tbs says.

Comments from a new T are wholly irrelevant because the new T has no idea of the condition in which you took on the property.

If you're in England and Wales the LL was breaching civil law by not protecting your deposit and it's too late to do anything about that now. But follow the advice above about sending letters / issuing small claims court proceedings.

If you're in Scotland there's no tenancy deposit scheme and the details of how to start proceedings may differ slightly, but the principle remains the same.

rentergirl

No. They can't. Fight it. Hard.

WD40

The LL has just said they are refunding the deposit today, but minus £40 for the cleaner (requested by new tenant (supposedly), after the LL cleared me at the check out - and supplied by their firm).

So, they're taking the chance I can't be bothered to get into a fight over £40. I'm not going to quibble until I have the bulk back, for obvious reasons.

If they didn't put my deposit into an insurance fund (I'm 99% sure they didn't) who would you complain to?

Thanks.

edit - nothing was signed, inventory-wise, during move in, or at check out.

missrlr

First as you do not have any proof of the state of the property before or after check in that was signed and agreed this is going to be a difficult thing to fight
Second - by law a LL has to register the deposit with an approved scheme and provide you with the details accordingly.
Third - £40 for a cleaner is not bad
Fourth - was there a clause in the tenancy which stated the property has to be cleaned professionally upon exit?

If you want to contest the £40 you need to find out where it was protected and notify them, plus write and state this is an unlawful deduction which you want back.

Good luck

SavvyStudentSaver

missrlr wrote: »

First as you do not have any proof of the state of the property before or after check in that was signed and agreed this is going to be a difficult thing to fight
Second - by law a LL has to register the deposit with an approved scheme and provide you with the details accordingly.
Third - £40 for a cleaner is not bad
Fourth - was there a clause in the tenancy which stated the property has to be cleaned professionally upon exit?

If you want to contest the £40 you need to find out where it was protected and notify them, plus write and state this is an unlawful deduction which you want back.

Good luck

I think it's the LL who needs to prove the state of the house at the start and end, not tenant. If you take him to small claims court, and he has no justifications for his deductions, they shouldn't give him the money. They will also look poorly on him failing to protect the deposit, so in grey areas they may bear that in mind.