Advice needed re tenancy deposit and cleaning

kb_soma

Hi All,

I have a quick question. I rented a property for several years and have just had confirmation from the landlord that the whole of the deposit is to be released to me.

I now live in a different property. The agents of the new property have taken over the old property and have informed me that due to the check out report we will possibly have to pay cleaning costs if a deep clean is not performed at the old property.

If the landlord of old property has said 'release the whole deposit amount' to me as a tenant, can the new agents charge me for cleaning on the old property?

saajan_12

The relation to new property is irrelevant. What matters is whether XYZ agents represent the LL regarding the old property.

Was the deposit registered? If the LL (or XYZ agents on the LL's behalf) fail to return the full deposit and you believe it should be returned, you should dispute this with the deposit scheme. Your evidence is pictures showing the same level of cleanliness before and after the tenancy, as well as the LL's statement (if you can prove that).

kb_soma

The checkout was done with the old agency and the LL has instructed them (the old agency) to release the deposit (this was registered with TDS).

Once the deposit has been paid back to me, can the new agency chase me for the cleaning costs?

Pixie5740

You have no contract with the letting agent, your contract was with the landlord so if the landlord was happy to return your full deposit then that's it.

kb_soma

Thanks, so once the deposit is released, no one can bill me for cleaning? I'm a little anxious as I've been told by the new agency it can be over £100.

Pixie5740

Ultimately it's down to the landlord to decide whether to deduct money from your deposit or take you to court further down the line for damages/cleaning, not some jumped up letting agent. The landlord must have been happy with the condition of the property at the end of your tenancy or he wouldn't have returned your full deposit.

G_M

Legally speaking, yes, the deposit could be returned to you, and then a claim made. Anyone can claim anything in court for up to 7 years.

However

1) it seems highly unlikely the old landlord would agree to return the deposit, and then later decide to demand £100, let alone take you to court. Remember it's the LL who must take the legal action - not his agent.

2) the likelihood of the court finding in the LL's favour, given that you have evidence he has agreed the property is in acceptable condition, and returned the deposit, seems very remote.

Ignore the new agent so far as the old tenancy is concerned (but check you do get the deposit back!)

kb_soma

I will go through the original inventory which I received when I moved in and compare it against the checkout report. Thanks for your advice.

kb_soma

I forgot to add - to compare cleanliness with when we moved in against when we moved out, just in case.