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Issues with having deposit returned
LuckyG
Posts: 226 Forumite
We've recently given notice on the property we are currently renting. Today we received an email from the letting agent stating that we are going to have £45 deducted from our deposit for a final inspection.
I've read through our contract and cannot see anything regarding this, I've emailed the agent back stating this but no reply as of yet.
Can they just deduct money like this? It 100% is not in the contract.
Also, they've sent an email saying that because we have a dog we have to have the carpets professionally cleaned and the whole place flea treated, we are also required to show a receipt proving we've done this. There's nothing in the contract about this either.
To be completely honest, the carpets (2 in total) are very old and threadbare in places. They were this way when we initially moved in. We have just put up with them as I wouldn't pay to improve someone else's property, especially when I've been saving for my own house purchase.
The whole property has various unfinished jobs left by incompetent builders that the agents have instructed over the years. We've got photos of all of these issues as and when they occurred, as well as emails stating that these jobs had been left unfinished.
These things include skirting boards being removed and taken away without new ones to replace them, electric sockets hanging off the wall with wires exposed and junk left in the front garden.
They've asked us to leave the property as we found it, if we did that we'd have to do some negative changes to the property. Of which we won't do.
Can the letting agent just deduct money from our deposit as they see fit? I've asked if it's protected and by whom, but again, no reply from them as of yet.
I've read through our contract and cannot see anything regarding this, I've emailed the agent back stating this but no reply as of yet.
Can they just deduct money like this? It 100% is not in the contract.
Also, they've sent an email saying that because we have a dog we have to have the carpets professionally cleaned and the whole place flea treated, we are also required to show a receipt proving we've done this. There's nothing in the contract about this either.
To be completely honest, the carpets (2 in total) are very old and threadbare in places. They were this way when we initially moved in. We have just put up with them as I wouldn't pay to improve someone else's property, especially when I've been saving for my own house purchase.
The whole property has various unfinished jobs left by incompetent builders that the agents have instructed over the years. We've got photos of all of these issues as and when they occurred, as well as emails stating that these jobs had been left unfinished.
These things include skirting boards being removed and taken away without new ones to replace them, electric sockets hanging off the wall with wires exposed and junk left in the front garden.
They've asked us to leave the property as we found it, if we did that we'd have to do some negative changes to the property. Of which we won't do.
Can the letting agent just deduct money from our deposit as they see fit? I've asked if it's protected and by whom, but again, no reply from them as of yet.
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Comments
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We've recently given notice on the property we are currently renting. Today we received an email from the letting agent stating that we are going to have £45 deducted from our deposit for a final inspection. - see if there's anything in writing / emails about the LL paying the check in inventory and tenant paying the checkout. If nothing, you shouldn't have to pay this.
I've read through our contract and cannot see anything regarding this, I've emailed the agent back stating this but no reply as of yet.
Can they just deduct money like this? It 100% is not in the contract.
Also, they've sent an email saying that because we have a dog we have to have the carpets professionally cleaned and the whole place flea treated, we are also required to show a receipt proving we've done this. There's nothing in the contract about this either. - did you have permission to have a dog / does it mention pets in the contract? If not permitted, the flea treatment MAY be claimable if they can argue there are fleas and damages by a dog aren't W&T as there wasn't supposed to be a dog.
To be completely honest, the carpets (2 in total) are very old and threadbare in places. That would cap the amount they can claim for carpet replacement/cleaning to the expected value of carpets of that age. How old would you say? They were this way when we initially moved in. We have just put up with them as I wouldn't pay to improve someone else's property, especially when I've been saving for my own house purchase.
The whole property has various unfinished jobs left by incompetent builders that the agents have instructed over the years. We've got photos of all of these issues as and when they occurred, as well as emails stating that these jobs had been left unfinished. - it's too late for you to claim anything about this,
but useful to show you didn't cause the damage.
These things include skirting boards being removed and taken away without new ones to replace them, electric sockets hanging off the wall with wires exposed and junk left in the front garden.
They've asked us to leave the property as we found it, if we did that we'd have to do some negative changes to the property. Of which we won't do. - ignore, you're supposed to leave it as you found it less fair wear & tear[\COLOR]
Can the letting agent just deduct money from our deposit as they see fit? I've asked if it's protected and by whom, but again, no reply from them as of yet.- check with the 3 schemes in G_M's link yourself.
Write to the LL / agent requesting a breakdown of deductions and the balance to be repaid within 10 working days. If this is forthcoming, evaluate and dispute / agree any deductions. If you cannot come to an agreement, file a claim with the deposit scheme.0 -
Write to the LL / agent requesting a breakdown of deductions and the balance to be repaid within 10 working days. If this is forthcoming, evaluate and dispute / agree any deductions. If you cannot come to an agreement, file a claim with the deposit scheme.
Thank you,
This letting agent took over a year into our tenancy, the old contract stated we could have pets, the new one says we need permission.
However, several inspections have been done over the past 3 years and numerous agents have seen/interacted with my dog. They've never suggested we should rehome her.
To be honest, I'd have moved out before losing my dog.
The carpets have been here for more than 10 years, when the place was for sale (before our LL purchased it) they were here then. They are shown in the for sale photos.
I have checked and our deposit is protected, the agent has also provided me with the ID number for my deposit. So far they are claiming £54, this is the final inspection fee & VAT.
I will look through old emails, as you've suggested to see if I can find any more information on this. Thanks0 -
Don't worry too much about finding other evidence until you have exactly what they are looking to deduct.Thank you,
This letting agent took over a year into our tenancy, the old contract stated we could have pets, the new one says we need permission.
However, several inspections have been done over the past 3 years and numerous agents have seen/interacted with my dog. They've never suggested we should rehome her.
To be honest, I'd have moved out before losing my dog. - I'm not suggesting you would have to lose the dog, I mean if the LL didn't know about / agree to the dog then they may not count 'expected W&T with a dog', and may charge for it. However since you were allowed before and you had a dog then,
I would think the LL knew and implicitly agreed to the dog before the new tenancy agreement was signed demanding permission.
All this was just a thought on my part. If there is damage or a mandatory clause in the agreement they you're liable, if not then you're not liable.
The carpets have been here for more than 10 years, when the place was for sale (before our LL purchased it) they were here then. They are shown in the for sale photos. - The carpet is likely at the end of its expected lifespan (I think 10-15 years).
Provide the starting photos of the condition and the sale ad showing it is atleast 10years old if they try to deduct for damage to the carpet.
I have checked and our deposit is protected, the agent has also provided me with the ID number for my deposit. So far they are claiming £54, this is the final inspection fee & VAT. -
ask them to return the balance to you and break down anything they don't return, otherwise you'll be stuck in this limbo for ages with them complaining but not quantifying other charges
I will look through old emails, as you've suggested to see if I can find any more information on this. Thanks0
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