carpets and gardens in tenancy

squizz11

I have asked for a full breakdown of what is involved in so called admin costs but believe it is for arranging tasks like cleaning ect , time spent dealing with disputes and stuff, he emailed it to say it was in 6.2 of the contract which i will post below ,but doesnt not specify amount that i can see.

6.2 The Landlord acknowledges that the Deposit has been paid by the Tenant to
the Landlord’s Martin & Co local office. The Martin & Co local office and/or the
Landlord is a member of The Deposit Protection Service (“The DPS”) and the
Martin & Co local office and/or Landlord will deal with the Deposit in
accordance with the terms and conditions of The DPS currently in force and as
regulated by the Housing Act 2004. Interest shall be payable on the Deposit in
accordance with the provisions of The DPS. Subject to this the Landlord shall
have a right to claim against the Deposit for:
6.2.1 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 the commencement of the tenancy, insured risks and
repairs that are the responsibility of the Landlord, to include any
damage caused or cleaning required as a result of any pets
occupying the Premises either with or without the Landlord’s consent
and in conjunction with clause 7.10.1.
6.2.2 The reasonable costs incurred in compensating the Landlord for, or
for rectifying or remedying any breach by the Tenant of his
obligations under this Agreement, including those relating to the
cleaning of the Premises, its Fixtures and Fittings.
6.2.3 Any rent or other money lawfully due or payable by the Tenant
under this Agreement which remains unpaid after the end of the
tenancy.
6.2.4 Any unpaid accounts for utilities or water charges or environmental
services or other similar services or Council Tax incurred at the
Premises for which the Tenant is liable.
6.2.5 Any additional reasonable charges made by the Landlord relating to
such matters as stated in the Martin & Co Terms of Business for
Tenants being
Landlord Initials: __________ Tenant Initials: __________ Page 4 of 28
 Tenancy Renewal Fee
 Early release from the tenancy (subject to the
Landlord's consent) (reasonable fees incurred by the
Landlord)
 Bounced cheques paid by the Tenant (each cheque)
 Remedial Works required (fee per job)
 Missed appointment fee for each appointment
(charges made by the contractors for missed
appointments)
 Replacement of lost keys (cost of each key plus a
reasonable administration fee)
 Refund of rent (paid by standing order and received
in error - administration fee per every standing
order)
6.2.6 Any sum repayable by the Landlord or his Martin & Co local office to
a local authority where Housing Benefit has been paid directly to the
Landlord or his Martin & Co local office by the local authority on
behalf of the Tenants and accepted in good faith but is subsequently
shown to have been paid incorrectly or as a result of f raud, error or
ineligibility of the Tenant.
6.2.7 Details of The DPS to which the Landlord subscribes are given in the
documentation annexed to this Agreement, receipt of which the
Tenant acknowledges. Please refer to Annex 1 & 3 at the end of this
agreement.
6.2.8 At the determination of the tenancy, the Landlord or his Martin & Co
local office will notify the Tenant of any proposed deductions to be
made from the Deposit.
6.2.9 The Tenant shall use best endeavors to notify the Landlord or his
Martin & Co local office of any dispute regarding the proposed
deductions within 20 working days of the end of the tenancy.
6.2.10 The Landlord or his Martin & Co local office will within 28 calendar
days of the end of the tenancy refer any dispute to the Alternative
Dispute Resolution (“ADR”) Service of The DPS who will then
determine matters in accordance with the provisions of the
adjudication procedure of The DPS. Such a referral does not
pre judice the rights of the Tenant to make his own separate or
additional referral following the termination of the tenancy.

bouicca21

OP, are you saying that the only gardening that needed doing was trimming the bushes with nesting birds?

Pixie5740

If your son and the others he was sharing with don't agree with the proposed deductions and they cannot negotiate with the LL/LA then they can raise a dispute with DPS. It's why the deposit schemes were created.

See Deposits: payment, protection & return for more information.

G_M

So they are relying, it seems, on:

6.2.2 The reasonable costs incurred in compensating the Landlord for, or
for rectifying or remedying any breach by the Tenant of his
obligations under this Agreement,

and/or

 Remedial Works required (fee per job)

I doubt the scheme arbitrators, or a court, would rule that as enforcible.

And don't you just love:

6.2.4 Any unpaid accounts for utilities or water charges or environmental
services or other similar services or Council Tax incurred at the
Premises for which the Tenant is liable.

Totally unenforcible - says a lot about the contract and the agency.

(it might be a valid clause if it said:
"Any unpaid accounts for utilities or water charges or environmental services or other similar services or Council Tax incurred at the Premises for which the Tenant is liable, and for which the landlord becomes liable."

squizz11

Thank you for all your replies.
Yes the garden only needed the upper bushes trimming , it has been done now and they want to charge £75 .
They are also now saying the carpets have been cleaned and they want money for replacements as well. Can they get both costs? The carpets are 7 years old and the fibres were coming off in my hands while cleaning , I did take photos of this.
Also with the Admin fees any ideas on wording with DPS so I can dispute that.
I know some of these costs are small but this estate agent has not returned any deposits to any students at all , none of them disputed as they don't really know what they are doing.
This is a small college with one or two uni courses so not a lot of student housing available

G_M

No of course they can't charge for cleaning AND replacing. The arbitrators will take a dim view of them trying.

If it was just the bush-trimming that was claimed, and you explain about nesting birds, I suspect the arbitrators would decide in your favour.

I would simply dispute the admin fee by saying it
* it is unclear what it is for
* it is unjustified
* you never agreed to pay an admin fee

Mr.Generous

I would imagine the letting agent is paid by the landlord to manage the property, and is in effect trying to claim it from tenant as well in the form of an admin charge. Use the TDS dispute process.

squizz11

Thank you for all your advice, it is very much appreciated

squizz11

wanted to come back to this to let you know the outcome, it was pointed out that as my son moved in 1 year after the original inventory and the deposit returned and redone and no inventory was done at that point , the agents claim was all invalid as no proof could be given as to state of house at that point.

on regards to the admin charge they awarded them 10% of the sum paid previously as that what was they considered a reasonable amount

G_M

Thanks for the update.

It's rare we get to hear the outcome of disputes........