Letting agency charges for cleaning/maintenance after moving out

mad92

Myself and 6 friends have just finished our second year of uni and moved out of our rental property last weekend. We had not paid a deposit on the property but this morning received a phone call from out letting agents informing us that they will be charging us an as yet undisclosed fee for leaving the property poorly cleaned/maintained. Our issue is that we believe the house was generally up to scratch when we left (and certainly in a better state than when we first moved in!). The agency itself has been a nightmare to deal with since moving in and we now realised we've been screwed over by a company notorious for profiting from its poor treatment of student tenants. We are now concerned how much these fees are going to cost us (we know they will be excessive) and whether there is any action we can take to challenge the charges.

When we first moved in exactly 1 year ago, we filled in an inventory of the property's fixtures and fittings and thought we were meticulous in our details, noting everything from tiny cracks and scuffs on the walls to the sink coming of the wall and leaking utility-room roof. The letting agency responded to our comments by labelling each as either "noted" or "redecorated". Contractors were hired but did a very shoddy job - the property was left dusty, blue tac marks were left on walls and where doorknobs had been removed for painting they were incorrectly replaced, either turning the wrong way or not at all (leading to frequently getting locked in rooms (fire hazard?!)). Our mistake upon returning for summer was not reporting the poor work in detail to the letting agency - instead we decided to finish cleaning the place up ourselves and get on with it (apart from the doorknobs which, despite numerous email complaints were never fixed).

Generally the lettings agency were a nightmare to contact, passing problems between various members of inexperienced staff, with us receiving little help or information. When maintenance was ever carried out, it was after multiple complaints and usually following several false promises of deadlines. Our leaking roof into the utility room continued to leak until the following Easter before repair was finally carried out - a cover to stop the washer/drier plugs getting wet (a massive electrical hazard?!) was only installed at christmas. Additional problems included scaffolding left up around the house 3 months after builders had left and the removal of one faulty microwave (both were faulty on arrival) without replacement. It is frustrating that the agency did not provide all fittings listed on the inventory (also an iron, hoover replacement and several chairs), yet can charge for minor "damage" to those that were provided.

Back to our current issue, we are currently being charged for: professional cleaning and decorating because of blue tac marks and scuff marks (nothing major, and most blue tac was from previous tenants), things being left (though we don't think we left anything), two missing Ikea bins (went mouldy after being used to catch dripping roof-water), professional cleaning of fridges/freezers (this one's fair - they were quite messy),replacing light bulbs (cheeky seeing as we had bought all ours ourselves after discovering they weren't supplied when we moved in) and damp in a couple of the rooms (some of which was already there and listed), among other things.

The exact specifications on our contract for compensation relevant to our charges are "[the inventory] may subsequently be relied upon at the end of the tenancy in assessing damage or compensation for damage (over and above fair wear & tear)", "to clean to a good standard, the premises, its fixtures and fittings", "ensure that all light bulbs... are in place and in working order at the end of the tenancy." and "to be held liable for the fair net costs involved in carrying out repair and maintenance to the premises or its fixtures or fittings where such action is required as a result of negligence, or significant breach of this agreement, or mis-use". We believe the issues in our property are just general wear and tear - obviously the house has been lived in for a year. It also seems to us that these standards were not met with our previous tenants, as the property was such a state when we first moved in. Points in the contract referring to security deposit include "Any damage, or compensation for damage, to the premises its fixtures and fittings or for missing items for which the tenant may be liable, subject to an apportionment or allowance for reasonable fair wear and tear and for the age and condition of each and any such item at commencement of the tenancy.", but as we didn't pay a deposit, are we right to assume these aren't relevant to us?

Sorry for the essay/rant but its frustrating that even though we've left, this agency are still screwing us for every penny, when they've been useless themselves. I know not to expect much from student agencies, but they really haven't kept to their side of the contract - frequently booking viewings less than 24hrs notice and poor maintenance, especially of our leaking roof. Would we be able to challenge them for compensation in return or would it be too late? And is there anything else we can do to get them to drop our maintenance charges / any they shouldn't be making us pay for? What should our next move be and what should we do if they try to charge us overextortionate prices? Will update when we find out more about costs, etc. Very many thanks in advance, M x

dimbo61

Seven students rented a property and paid NO DEPOSIT?
The letting agents produced an Inventory which you filled in with all the marks/defects in the property.
Was a video inventory done ?
How are the letting agents going to get money off your group if they have no deposit ?
Take you all to court ?
Should be interesting
Speak to the uni accommodation officer asap and complain about this letting agents

Guest101

Just make sure you keep everything, the emaisl, the inventory, everything.

I think this will be a speculative invoice, hoping you will pay. I cannot see a LA taking 7 students to court, if the evidence you have told us about, you still have.

BitterAndTwisted

Wait and see what their check-out inventory has to say. And then you can compare it with the check-in you annotated.

In order to get any money from you they are going to have to apply to court if you haven't paid a deposit.

Did all of you supply a guarantor each? This could be the only circumstance I can think of where a landlord would not demand a sizeable deposit from any tenants, most especially students.

Still, all of the treatment you have described as shoddy from the agent should really be laid at the door of the landlord they represent. Agents never carry out repairs or improvements to properties without the landlord's say-so, as ultimately it's the LL who has to pay for it

mad92

no video inventory sadly, but trying to piece together some more evidence by way of photos etc.
and we all supplied guarantors. we did find it a bit odd at the time, but guess its played to our favour. we're gonna wait for the invoice to come through, but think we'll call their bluff and refuse to pay. hopefully that'll give us enough leverage either to knock any charge right down, or fingers crossed get us let off all together
thanks for all your answers, been very helpful

BitterAndTwisted

I think you may not have understood the significance of having supplied guarantors.

Rather than negotiate with the LL most parents will in all likelihood have just paid up to avoid court action for the damage in the past.

Try to call their bluff and they could end up taking your parents to court.

Reue

mad92 wrote: »

and we all supplied guarantors.

Did your guarantors each get a copy of the tenancy agreement as well?

rpc

mad92 wrote: »

and we all supplied guarantors.

Were the guarantees executed as a deed? The signature must be witnessed and the document must plainly state that is it "executed as a deed". The guarantors must also have at least seen the tenancy agreement that they are guaranteeing.

If not, the guarantee is not enforceable.