Silly question?

Back_2_Black

I rented a house and sign an Assured Shorthold Tenancy Agreement from 17th August 2011 to 16th August 2012, due to problems, I would not sign a new agreement.

I was then given two months notice on 4th August 2012, and left on the 4th October 2012.

The Letting Agent has pass on a e-mail from the Landlord for £1500 to be withheld from my deposit. The deposit is held with Deposit Protection Service and the Letting agent has suggested I use the Adjudication Service, but the first step is provide a valid Tenancy Agreement.

I do not think I have a valid Tenancy agreement?

Werdnal

Only your Fixed Term ended in August. Your tenancy agreement continued on a monthly basis until you or the LL gave notice. Do you no longer have a copy of the agreement you had?

What is LL proposing deductions for? Did you have a written inventory on check in? Have you applied to the DPS website yourself to request the deposit back?

Fire_Fox

It's worth running an advanced search, these issues come up frequently. Your fixed term ended on 16 August, after this you rolled into a statutory periodic tenancy. The existing tenancy agreement remained valid until notice to quit was served and you vacated.

What is the £1500 retention for? Do you have a detailed check in inventory and did you attend checkout? What were the dates on the notice to quit, were they really two months and one day or did you overstay by one day?

Back_2_Black

Thank you for your reply, I left on the day the Landlord told me to in his e-mail, I was at the check-in and check-out but have not been given copies, I have asked for both in writing.
I still have the Shorthold Tenancy Agreement.

Will have another go with the advance search.

G_M

Fire_Fox wrote: »

What is the £1500 retention for?

What were the dates on the notice to quit, were they really two months and one day or did you overstay by one day?

Plus:

do you owe any rent?

How did the condition of the property when you left compare with the condition when you moved in?

Back_2_Black

Thank you this is what I wanted to know.

The existing tenancy agreement remained valid until notice to quit was served and you vacated.

The Landlord wants to have all the rooms in the house Professionally Cleaned.

It was in the Tenancy I signed, I did clean everything to a very high standed, and no problems where noted at check-out, but without recpiets, it could not be count as professionally cleaned.

Back_2_Black

I do not owe any rent.

The Landlord said the house was cleaned to a very good domestic standard but without receipts, it could not be counted as Professionally Cleaned.

I did sign the 18 page document.

You Live and Learn.

Thank you to everyone that helped.

G_M

PLEASE ANSWER THE QUESTIONS

G_M wrote: »

Plus:

How did the condition of the property when you left compare with the condition when you moved in?

You cannot be made to have the property professionally cleaned (whatever your contract may say).

You must return it at the end in th same condition (or better) than it was at the start, less fair wear and tear.

How you achieve this is up to you - use professional cleaners, clean it yourself, get your mum to clean it for you, whatever.

It is the condition at the end that matters, not how you get there.

Oh - and did you sign the check-in report/inventory? If not, the Landlord cannot rely on it to show the condition at the start - therefore cannot prove you left it worse than at the start.

Fire_Fox

As G_M says we can't help unless you answer all the questions put to you do far. The landlord cannot enforce a professional clean, only a clean to a high standard which you can do yourself.

Back_2_Black

The property was in the same condition when I left it, to when I moved in. I have photos and there was only a bit of lime-scale that I missed on one tap that was noted in the check-out, but I never signed the check-out because they wanted me to finance a proffesional cleaning of the house.

They are charging for a full professional clean including: carpets, curtains and professional cleaners to clean every room including kitchen and bathroom, although what they did, I do not know as the place was immaculate.

I did sign the check-in and do remember it saying every room was professionally cleaned but I thought that was because the last tenant did a runner and wrecked the place.

I am with the same Letting agent for my new rental, and that has the same Tenacy Argeement, but without the cause for Professional Cleaning at the end of the Tenancy.

Werdnal

Then go to the DPS and request your whole deposit back. LL needs to prove the difference in condition and if the check-out report was clear (less the limescale tap - hardly a major issue!), the LL has nothing to work with!

Clean is clean, whether done by a "professional" - basically someone who cleans for a living but only cleans after all - or cleaned by you. The check-out inventory is key here, and if no dirt or neglect is noted in that, you have complied to return the property clean!