Tenent: Arbitration

bufly77

Property took on rent using letting agency.
After many months when I have asked how I can get the deposit back. Agency advised me to put a request on DPS and that I have to pay couple of hundred pounds for rubbish removal.

Rubbish bins were all tidied up when I left, and they could be last thing I will think to take pictures of. Although they are blaming the untidy rubbish bins and claiming couple of hundred pounds but I believe they have removed rubbish from previous lettings broken electronics left in the back lawn (they were there when I moved in the house) and dumping all the cost on me.

I was never told contacted by agency to remove any rubbish, nor mentioned any work estimate. They have my mobile contact numbers and email address. They never contract me on any of them. They are just putting charges on me with some invoice general invoice (one can get from ebay).

The invoice does not show work in details and just have "Rubbish removal" mentioned. In general, I am in disagreement of any charge as they never contacted me in the first place. Of course they could not as charges are all made up.

Agency mentioning me that they will open Arbitration and it will take months for me, and that they have invoice as proof of their claim.

What could be possible outcome here?

anselld

An invoice proves nothing.

They would need to prove state at checkin inventory .vs. state at checkout inventory. The checkout inventory should be as reasonably close as possible after you left otherwise it could be assumed that the rubbish arrived after you left.

If they have inventories to support their claim they will probably win, if not you will win.

They are telling you it is a slow process to try to persuade you to give up - don't fall for that, just take your time. You will get the undisputed amount back at the start of the claim anyway.

Pixie5740

What have you got to lose? If you don't agree with the deductions dispute it with DPS and use the arbitration service. The letting agency are just trying to dissuade you. The onus is on them to prove the deductions are fair and reasonable. An invoice doesn't necessarily prove that. Do you have copies of both the check-in and check-out reports?

If you did leave rubbish behind (I'm not saying you did) once your tenancy has ended that's it. It's too late to go back and clean or take away rubbish.

[Deleted User]

I would also hope that if the LA are expecting any chance of success, they will also include photo's. Then you'd have chance to argue its not your rubbish. You could do that anyway. Next time, prepare rubbish bags by the last day of domestic rubbish collection so you don't leave any behind. They could still charge if you left a few bags of rubbish behind however neat and tidy they were left

bufly77

I just saw the invoice from the agency (they also manage the property) and the invoice date is "2 months" after the date I moved out. How can they even ask me for 180 pounds and by telling be there were few nappies in the card board bin. it is a day light robbery they plan to do it....

I moved out 2 months before the date of invoice...

the house need repairs which agency was well aware of that and before end of my tenancy they were invited by me to see the condition of house due to roof water leak damages in various places of house. they repaired the roof but they never took care of damped wallpaper. When they repaired the roof, the agency contractors put all the debris in the bins which I had to cleared 1 year ago.

I think they cleared old boxes of paints, old cooker and other stuff which was already there in the property and trying to put charges on me... but 2 months after i have moved out, unbelievable...

bufly77

I made sure all the bins are in order... there are total 4 bins... and they get collected different weeks of months.. some once a month, some twice and some once a week. So it is difficult to get all bin cleared when you are moving out. Secondly, their invoice is 2 months after I have moved out. In between no once contacted me in anyway.. by email, mobile, etc. how can some one throw any charge without even first asking to deal the issue. The issue they are making is that there were few nappies in the paper recycling bin and hence couple of hundred pound charges to get them removed.

The lawn in the house has a very small walls and all the bins are in the line of sight. it is very possible that some kids can put some thing in the bin. The property was not Let till we left, as it needed repairs due to water leak damages, so it would not have been immediately occupied by any one, which means there can be chance fiddle up with bin.

I have a driving instructor of my partner who came to help us the day we left. He had a look of the whole property on the day to make sure if property is in order, we had old pram and some boxes. Even after we have checked all property, he made sure nothing is left there and he took them any old item with him and gave it to Council Recycling Centres... Council Recycling Centres can take all items for recycling for free if you take them to their centres.

So I was well aware of the handling of rubbish, charges of recycling (if any), council recycling centre and their pick up charges.

bufly77

There was no check in report, there was no check out report. I dropped the keys at letting agency office. They are not making any issue of any kind other then paper recycling bin has few nappies in them which council refused to take as they were in wrong bin.

There is no issue with contents of the house or state of the house. The bins are in the lawn and lawn (corner plot) has very small walls. all the house is in public eyes and it is easy some one else can put some thing in the bins (though I doubt that). I think LA just trying to pull my hard earned money out of my pocked.

Pixie5740

No inventories and an invoice dated 2 months after your tenancy ended, it doesn't sound to me as though the letting agency has any evidence to justify a deduction of any amount never mind £180. So just claim your full deposit back from DPS and if the letting agency disagrees use DPS' arbitration service...it's what it's for.

G_M

Raise a dispute.

The arbitrators can only make a decision based on what they are told, so you need to tell them clearly:

* there was no check in inventory agreed/signed by you at the start of the tenancy
* there was rubbish at the property at the start of your tenancy which you had to clear
* there was no check out inspection done when you left
* the invoice date for the rubbish clearance is 2 months after you left
* at the time you left there was no rubbish left at the property

If you also have a witness (eg a friend who helped you move out?), ask him to write a short statement saying that the property was clean & tidy with no rubbish left. Send that to the arbitrators too.

bufly77

G_M wrote: »

Raise a dispute.

The arbitrators can only make a decision based on what they are told, so you need to tell them clearly:

* there was no check in inventory agreed/signed by you at the start of the tenancy
* there was rubbish at the property at the start of your tenancy which you had to clear
* there was no check out inspection done when you left
* the invoice date for the rubbish clearance is 2 months after you left
* at the time you left there was no rubbish left at the property

If you also have a witness (eg a friend who helped you move out?), ask him to write a short statement saying that the property was clean & tidy with no rubbish left. Send that to the arbitrators too.

Thanks G_M, very precise answer. These are exactly my circumstances.
I had 2 people who helped me and were witness. How can they provide the statement? would it be in email? or in written or they have to call DPS or some thing on their website?