Your Move Chris Stonock: deposit return

jrcd92

Hi there,

I recently posted about the end of my tenancy and YMCS withholding deposit for “checkout fees”. That was all fine and dandy.

However, having looked after the property incredibly well and cleaning thoroughly before I left. I was sent a bill for £144 for “oven, hob and washing machine drawer cleaning”. I knew this was out of order, so arranged with them that I would sort the professional clean myself. It cost me less than half the quote givem and I sent the invoice and photos.

This was all fine and I was prepared to get the rest of the deposit back, however they’ve now picked up on a sofa that was left at the property by the previous tenant in good faith. I already had two which I put into storage (as it was a third floor flat and a nightmare to get up to). Although this didn’t appear on the invoice for fees deductions or the checkout report, they’re now saying I’ll have to remove it before they can return the deposit.

My first port of call will be the charity shop round the corner as they should be able to collect it with my help. However, my question is, do they have any grounds to do this, given that it didn’t appear on the invoice for deductions?

It seems to me like they are a shady bunch who, rather than having their tenants’ and clients’ interests at heart, will do anything to sting you for extra money. I certainly wouldn’t be dealing with them again in any capacity.

Thanks for your help!

Jack

Comms69

Why didnt you put the sofa on the inventory when you moved in?

jrcd92

They get an external company to do the inventory. Also, that isn’t really relevant to my question - I’m asking about after the invoice for deductions is raised.

Comms69

jrcd92 wrote: »

They get an external company to do the inventory. Also, that isn’t really relevant to my question - I’m asking about after the invoice for deductions is raised.

Just FYI, you can amend the inventory, and you should, to avoid this happening in the future.


A landlord can claim deductions, or when deposit is returned, take you to court for upto 6 years after the tenancy.


So yes they can amend it.

jrcd92

Cool, that’s fine - just wanted to know. Live and learn, but I won’t have these problems any more... couldn’t get out of renting soon enough!!

G_M

As said above, the inventory specifies what is in the property (and in what condition) at the start of the tenancy.

Obviously that dictates what should be left (and in what condition) at the end.

So yes, tenants should always
a) check the inventory, and amend it if inaccurate
b) only then sign it (and keep a copy)

If a tenant leaves a load of junk behind, the landlord can, of course, deduct the cost of clearing that junk.

I'm not suggesting the sofa is 'junk', but the legal principle is the same.

YMCS

Hi Jack

We are naturally disappointed to hear that you won’t deal with us again.

We always have inventories and checkouts carried out by independent professional inventory clerks. We use independent experts to provide the reports as the courts look more favourable on those which are prepared independently rather than by the letting agent.

The sofa had been left by the previous tenant via an agreement between you and that tenant directly. It did not therefore form part of the let and therefore was not mentioned on the inventory. At the end of the tenancy it was then expected to be removed. The checkout states "Sofa remains in property"

I must stress any monies taken from security deposits are used to pay contractors to rectify issues left by tenants. The money is not given to the landlord or kept by Your Move. We also always have estimates done by independent contractors so we have no influence over the quotes.

After you completed the cleaning and removed the vacuum cleaner we realised that the sofa remained so requested you have it removed as the landlord did not want to take responsibility for it for any future tenancies. We therefore can’t release the balance of the deposit until it is removed.

We dispute we have come anywhere near the term "con artists" and hope that you can see we merely asked you to adhere to the terms laid out in the tenancy then worked with you to get the matter resolved quickly for both parties.

Chris Warren
Your Move Chris Stonock Area Lettings Director

fishpond

A slightly different story than what was originally written by jrcd92.

jrcd92

Thanks for your reply Chris.

I totally understand, and was wrong to use quite such a strong term. I take it back! I also appreciate that the inventory is the key to any tenancy and we have to abide by that.

However I’d stand by the comment of not dealing with YMCS again - the checkout has been done in stages, and it’s felt like the team has been looking to deduct deposit at every opportunity. Obviously I’ve been unable to remove the sofa yet as I’m on holiday but will do so at the earliest opportunity next week.

I’ve looked after the property and kept it in exemplary condition, as if it were my own. While I get that the oven wasn’t in sparkling condition, the bill for £144 was outrageous, given what I ended up paying for the cleaning. If the interests of your tenants are at heart, I’d suggest either providing the quote for cleaning that proves the value stated, or reviewing the contractors to find a better quote.

Anyhow, thank you for your response! I hope you manage to get a new tenant in, and wish you all the best.

Best wishes,

Jack

jrcd92

fishpond wrote: »

A slightly different story than what was originally written by jrcd92.

It’s not actually - of course I didn’t have written record of the conversation about the sofa at the time I moved in, but the only thing that was out of order in my post was the “con artists?” in the title.

Naturally, I was angry when I wrote this post that this was being dragged out and that I still haven't got the balance of the deposit back, in spite of looking after the property as if it were my own. But even then, I was asking a genuine question, for which I got satisfactory answers, and have retracted the out-of-order part of the post.

So thank you for your comment, but I disagree.

saajan_12

jrcd92 wrote: »

Naturally, I was angry when I wrote this post that this was being dragged out and that I still haven't got the balance of the deposit back, in spite of looking after the property as if it were my own.

What about you dragging out the process of the LL getting vacant possession of the property to be able to clean / renovate / get new tenants?

The LA/LL are being generous in allowing you to resolve the issues after your tenancy has ended - they could actually pay a contractor to resolve more quickly and bill you for it through your deposit.