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Agent refuses to return the deposit/informs will refuse TDS
pumen
Posts: 132 Forumite
I had a separate thread on my check out experience about two weeks ago, but now the situation has significantly changed and I really need your advice as I am very inexperienced dealing with the landlords. This is my first experience moving out. I need to understand my options and how I can proceed. I checked TDS website and it states that they will not be able to help if either the tenant or the landlord opposes.
The flat is managed by the agency. The agency has my deposit – a very sizable amount in excess of GBP 3,500. I vacated the property on 8 October. I was present at the checkout. Agency did not come, but hired an independent inventory company. I have not signed the checkout report as the inventory clerk refused me to review it in detail and/or take a copy or a picture of the report.
The checkout report prepared by the inventory company was forwarded to me on 9 October, confirming that nothing was damaged, but there were some cleaning omissions (scaling in the bathrooms, slight dust on skirting, etc – nothing major). The report was signed by the inventory company on behalf of the landlord! Together with the report, the agency sent me a list of what they believed were the cleaning omissions (scaling, slight dust on skirting and one mirror and a lamp). I responded immediately that professional cleaning was done, their report confirms that the flat is generally clean and I am happy to come and rectify, but I disagree with their assessment that further major cleaning by their cleaners is required as scaling in the bathrooms and dust throughout have been at the time of the check in and this is noted in the check in report, which was produced by the independent company when we moved in.
So, I stated that while I believe we are returning the flat in the better condition of cleanliness, I really want to get my deposit back at the soonest, therefore I am still happy either to come and remove dust myself or to pay for a 2hr of extra cleaning work which should not cost over GBP 25-30. I also stated that I believe scaling cannot be really be improved as the fittings are old, maintenance of the flat was poor by the agency and the scaling was already there at the check in.
The agency has not responded. I have been chasing them for comments and to return my deposit throughout the last week. They were ignoring any emails until last Friday evening (9 days after the checkout and 8 days after I received a checkout report from them) and reverted with many additional issues, which are not even mentioned as issues in the checkout report signed by inventory clerk or in the agency’s follow up email on 9 October. Now they are not happy with the cleanliness of the carpets, kitchen, mattresses steam cleaned, curtains ironed, etc. They are telling me that they took pictures, etc. On Saturday, they sent me another email in response to my email on Friday, adding even more stuff to the required cleaning list! The list is huge and these issues have never been raised during the checkout process by the independent clerk or in the checkout report which I received from them. In fact, the report has a disclaimer that if there are no comments to any items or it says "same as at the check in", it is accepted that the item is clean, not damaged, etc. I also find it strange that they only reverted with this list 9 days later and their list contradicts their own report sent earlier. I highlighted this fact, but they told me that they went to the flat on 10 October (2 days after the checkout, not 9 days later!).
I sent them a comparison of the issues between the check in and the checkout reports and asked them to return my deposit. They told me that I have resent the cleaners after the check in and have email/receipt proofs. Yet, their cleaners have never corrected everything, including bathrooms, and I have emails which prove this. I also sent them many pictures which show that the flat was clean when we moved out. They still informed me that they are not releasing the deposit until I provide all receipts and cleaning issues are rectified. The deposit is protected via TDS, but they informed me that they will not agree to the arbitration.
What should I do? I really feel awful about the situation. They are not releasing ANY part of the deposit and are simply holding me hostage.
Any advice will be appreciated.
The flat is managed by the agency. The agency has my deposit – a very sizable amount in excess of GBP 3,500. I vacated the property on 8 October. I was present at the checkout. Agency did not come, but hired an independent inventory company. I have not signed the checkout report as the inventory clerk refused me to review it in detail and/or take a copy or a picture of the report.
The checkout report prepared by the inventory company was forwarded to me on 9 October, confirming that nothing was damaged, but there were some cleaning omissions (scaling in the bathrooms, slight dust on skirting, etc – nothing major). The report was signed by the inventory company on behalf of the landlord! Together with the report, the agency sent me a list of what they believed were the cleaning omissions (scaling, slight dust on skirting and one mirror and a lamp). I responded immediately that professional cleaning was done, their report confirms that the flat is generally clean and I am happy to come and rectify, but I disagree with their assessment that further major cleaning by their cleaners is required as scaling in the bathrooms and dust throughout have been at the time of the check in and this is noted in the check in report, which was produced by the independent company when we moved in.
So, I stated that while I believe we are returning the flat in the better condition of cleanliness, I really want to get my deposit back at the soonest, therefore I am still happy either to come and remove dust myself or to pay for a 2hr of extra cleaning work which should not cost over GBP 25-30. I also stated that I believe scaling cannot be really be improved as the fittings are old, maintenance of the flat was poor by the agency and the scaling was already there at the check in.
The agency has not responded. I have been chasing them for comments and to return my deposit throughout the last week. They were ignoring any emails until last Friday evening (9 days after the checkout and 8 days after I received a checkout report from them) and reverted with many additional issues, which are not even mentioned as issues in the checkout report signed by inventory clerk or in the agency’s follow up email on 9 October. Now they are not happy with the cleanliness of the carpets, kitchen, mattresses steam cleaned, curtains ironed, etc. They are telling me that they took pictures, etc. On Saturday, they sent me another email in response to my email on Friday, adding even more stuff to the required cleaning list! The list is huge and these issues have never been raised during the checkout process by the independent clerk or in the checkout report which I received from them. In fact, the report has a disclaimer that if there are no comments to any items or it says "same as at the check in", it is accepted that the item is clean, not damaged, etc. I also find it strange that they only reverted with this list 9 days later and their list contradicts their own report sent earlier. I highlighted this fact, but they told me that they went to the flat on 10 October (2 days after the checkout, not 9 days later!).
I sent them a comparison of the issues between the check in and the checkout reports and asked them to return my deposit. They told me that I have resent the cleaners after the check in and have email/receipt proofs. Yet, their cleaners have never corrected everything, including bathrooms, and I have emails which prove this. I also sent them many pictures which show that the flat was clean when we moved out. They still informed me that they are not releasing the deposit until I provide all receipts and cleaning issues are rectified. The deposit is protected via TDS, but they informed me that they will not agree to the arbitration.
What should I do? I really feel awful about the situation. They are not releasing ANY part of the deposit and are simply holding me hostage.
Any advice will be appreciated.
0
Comments
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Make a single claim via the TDS, if / when they refuse, you go to court.
Small claims - https://www.moneyclaim.gov.uk/web/mcol/welcome
Agent and LL as co-respondants0 -
It helps if you just stick to the one thread, use paragraphs (line space between them) and avoid fancy fonts.
The tenancy has ended, it's too late for you to go round yourself with a feather duster or higher your own cleaners. Offering to do so could be seen as an admission you didn't leave the place clean enough.
If you had bothered to read the Deposits guide you were directed to twice in your last thread you would know that you can take the landlord/letting agency to small claims court to get your deposit back if they refused to use the TDS arbitration service.0 -
It helps if you just stick to the one thread, use paragraphs (line space between them) and avoid fancy fonts.
The tenancy has ended, it's too late for you to go round yourself with a feather duster or higher your own cleaners. Offering to do so could be seen as an admission you didn't leave the place clean enough.
If you had bothered to read the Deposits guide you were directed to twice in your last thread you would know that you can take the landlord/letting agency to small claims court to get your deposit back if they refused to use the TDS arbitration service.
I disagree with the report and believe the place is cleaner than it was; however, in the interest of time and to receive my deposit back at the soonest, I was offering to rectify. Yet, it seems to me they are simply trying to build a case to bring their own overpriced cleaners in and steal a significant part of my deposit.
The link does not help. I do not have time for the court to get my own money back. The cleaning issue does not justify holding a full deposit of GBP 3,500, does it? What is the purpose of the deposit protection scheme then if the landlord can choose to ignore it? I just do not understand why I paid GBP 100 at the start of the tenancy to the agency to register my deposit with TDS if it is of no use?0 -
The tenancy has ended, it's too late for you to go round yourself with a feather duster or higher your own cleaners. Offering to do so could be seen as an admission you didn't leave the place clean enough. .
Isn't it too late for the landlord to revert 9 days later with a new list of new issues, which contradict their own check out report?0 -
:wall: :wall: :wall: :wall:
The link does help. It tells you that both parties have to agree to arbitration. It tells you that if one party doesn't agree to arbitration you need to go to court. If you think things are bad now you should have tried getting a deposit back before the introduction of deposit registration.
You have time to write lengthly, emotions posts on the fourm but cannot spare any time to fill in a money claim online and take it from there? If you can't be bothered taking it to court then get ready to kiss your £3,500 goodbye.0 -
Contact the TDS.
Even if the letting agents do not agree with the TDS or refuse to do comply with what the TDS say it will be greatly in your favour should it come to small claims if you show that you have played by the rules and it is the agents who are being awkward.
TDS is nearly always on the side of the tenant which is probably why the agents don't want to go that way.0 -
:wall: :wall: :wall: :wall:
The link does help. It tells you that both parties have to agree to arbitration. It tells you that if one party doesn't agree to arbitration you need to go to court. If you think things are bad now you should have tried getting a deposit back before the introduction of deposit registration.
You have time to write lengthly, emotions posts on the fourm but cannot spare any time to fill in a money claim online and take it from there? If you can't be bothered taking it to court then get ready to kiss your £3,500 goodbye.
well, I am spending time on posts only because I do not know what to do and need advice from people.
Thank you for your advice. This is helpful. I simply thought that they have to agree to the arbitration - I thought the whole idea behind the arbitration was actually to resolve this efficiently without court, etc.0 -
The link does not help. I do not have time for the court to get my own money back.
No-one here has a magic wand that gets your money back. The LL/LA have the right to request deductions. They have the right to refuse ADR.
For all we know the deductions are entirely reasonable. Unless you agree then what else do you expect to have to do other than go to court?
If you don't like the advice given and can't be bothered following the procedures outlined then this thread has pretty much run its course.0 -
I disagree with the report and believe the place is cleaner than it was; however, in the interest of time and to receive my deposit back at the soonest, I was offering to rectify.
This however is not an offer you can make or they have to accept. Once you're checked out of the property you're gone, and rectifying any problems you've left is down to the LL/agent to sort at a reasonable cost, which does not include having to allow you back to the place to do it yourself. If you didn't do it properly first time round why would the landlord trust you to do any better next go.
You need to be clear on what your problem is, because they're opposite.
Either you left the place up to standard and are disputing the validity of the claim, in which case you shouldn't be offering to fix things as there's nothing to fix.
Or you didn't leave the place up to standard and are acknowledging that the place needs improving, and are merely disputing the cost for doing so (and saying it could be done for free by you is not a valid alternative).The link does not help. I do not have time for the court to get my own money back.
This then is your problem, because that's your route for doing so. It's kind of why courts exist.What is the purpose of the deposit protection scheme then if the landlord can choose to ignore it?
The purpose is to protect your money, and it is still being protected. If the landlord refuses the protection scheme's arbitration process the money stays protected either until you agree between you, or either you or the landlord go to court and an award one way or the other is made.0 -
Contact the TDS.
Even if the letting agents do not agree with the TDS or refuse to do comply with what the TDS say it will be greatly in your favour should it come to small claims if you show that you have played by the rules and it is the agents who are being awkward.
TDS is nearly always on the side of the tenant which is probably why the agents don't want to go that way.
Ok. This is helpful. But, how can they justify holding the full amount of the deposit! Is this legal? The cleaning issue does not cost GBP 3,500. Aren't they obliged to return the significant part of the deposit and hold only the disputed amount (which they have not actually calculated and indicated yet!). I am wasting a lot of my time on them - will I be able to claim via court for my time wasted on this unreasonable situation?0
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