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witholding deposit for cleaning

I have left a £600 pm flat, i agreed with Estate agent to clear some arrears so that I only owe £600 and so they can then use my £600 deposit to clear the areas.



All seemed ok then they called to say that are keeping my deposit as they place needs a “industrial clean”.



I gave it a once over before leaving; there were some stains on carpet from myself (so to speak) but there was some from a leak that the LL fixed.



My questions are:



Surley there is a limit as to what they can charge as £600 for a deep clean is quite excessive.
What about “ware & tare”



the property was brand new never lived in, how can they expect it to be back to that standard again after months of someone living in there.



Tenancy deposit service want 'evidence' of how I left it, but I don't have any.



Any help???
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Comments

  • 19lottie82
    19lottie82 Posts: 6,033 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    superstud wrote: »
    I have left a £600 pm flat, i agreed with Estate agent to clear some arrears so that I only owe £600 and so they can then use my £600 deposit to clear the areas.



    All seemed ok then they called to say that are keeping my deposit

    Eh? This makes no sense.
    superstud wrote: »



    I gave it a once over before leaving; there were some stains on carpet from myself (so to speak) but there was some from a leak that the LL fixed.

    What about “ware & tare”


    So you admit that you stained the carpets?

    "Wear and Tear" does not cover stains on carpets.

    If a patch of the carpet had become threadbare because you had walked on it so many times, then that would be wear and tear.

    superstud wrote: »
    the property was brand new never lived in, how can they expect it to be back to that standard again after months of someone living in there.

    You are expected to return the property as you found it. If it was brand new, then you should have organised a deep (professional) clean yourself.
    superstud wrote: »

    Surley there is a limit as to what they can charge as £600 for a deep clean is quite excessive.

    However, yes, this does seem expensive. Has the letting agents supplied you with a breakdown of the charges?
    superstud wrote: »
    Tenancy deposit service want 'evidence' of how I left it, but I don't have any.

    I'm sure if it is as bad as they say, then the LA will have taken photos to prove this in the dispute. This should settle any discrepancies.

    I'd say your only "get out of jail free card" on this would be if there wasn't an inventory taken (and signed by yourself) at the start of the tenancy?
  • superstud wrote: »
    My questions are:



    Surely there is a limit as to what they can charge as £600 for a deep clean is quite excessive.

    It costs what it costs to put right the dirt and damage you have caused during your tenancy. Either backed up with quotes or invoices if you choose to dispute the deduction.




    What about “ware & tare”

    Wear and tear is the natural degradation from normal use, not stains, dirt or damage.



    the property was brand new never lived in, how can they expect it to be back to that standard again after months of someone living in there.

    Months of living in a property should not result in inadequate cleaning or dirt and damage left behind.



    Tenancy deposit service want 'evidence' of how I left it, but I don't have any.

    You don't have to provide any evidence although dated photos on exit would have been useful. It is not your job to refute the deductions but your landlord's to provide evidence of your dirt and damage.



    Any help???


    Where is the dual-signed check-in inventory?
  • i will enquire as to if there was an inventory.

    prior to giving the keys in, the agent said that using my deposit to clear arreras was fine; Once i gave the keys in the next day they backtracked
  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    superstud wrote: »
    i will enquire as to if there was an inventory.

    prior to giving the keys in, the agent said that using my deposit to clear arreras was fine; Once i gave the keys in the next day they backtracked

    So you paid them the last month's rent after you'd vacated the property?
    Let's settle this like gentlemen: armed with heavy sticks
    On a rotating plate, with spikes like Flash Gordon
    And you're Peter Duncan; I gave you fair warning
  • Do you not remember signing a check-in inventory? If you did you should have retained a copy.

    If you took the place on in brand spanking-new condition you are in a very weak position to dispute any deductions at all if they are reasonable.

    You lived in a brand new property but left leaving rent-arrears, didn't clean the place properly and left stains on the carpets. If I was the landlord I'd be hopping-mad.
  • moromir
    moromir Posts: 1,854 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    superstud wrote: »
    i will enquire as to if there was an inventory.

    prior to giving the keys in, the agent said that using my deposit to clear arreras was fine; Once i gave the keys in the next day they backtracked

    You were expected to leave the property in good condition, and on that basis yes, they agreed to use the deposit to clear the arrears.

    But apparently you haven't so primarily the deposit would be used to rectify the damages, if theres any left then you can ask them to offset that from the arrears.
  • i accept that they will take some of the deposit but 600 is a joke
  • superstud wrote: »
    Prior to giving the keys in, the agent said that using my deposit to clear arreras was fine; Once i gave the keys in the next day they backtracked

    What I suspect really happened is that the landlord agreed to use the deposit to pay your arrears based on you returning the property in an appropriate condition but after seeing the mess you left it in once they had access they are not able to because there will be nothing left. Expect being invited to appear in court any time soon.
  • i owe just under 2 months rent i'm thinking to get companies of my choosing to give LL some quotes as he will just get his business assocoates to exagerate any quotes in order to keep more dep IMO
  • superstud wrote: »
    i accept that they will take some of the deposit but 600 is a joke

    So ask them for a detailed breakdown of their proposed deductions IN WRITING. A tenant's deposit is not a new-for-old insurance policy but if the carpets were brand new expect to pay for abut 80% of the replacement cost.
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