Is this a fair deduction from deposit?

DCFC79

I echo what everyone else has said, dont give up and let them win, its your money here.

Liz1729

So: we gave up. Sorry.

The fee they would have charged is a generic end of tenancy one that is stated in our contract. Why they didn’t charge it us as a matter of routine is unclear, but they clearly stated they would invoke it if we went to dispute and this fee eclipses the amount they bullied out of us. I couldn’t hack the stress and intimidation especially given my landlords past behaviour toward us. They are bullies and I hate that I allowed them to win again but after a sleepless night and no appetite I gave in.

Citizens advice phone lines ring endlessly with no response and shelter auto-hung up before we could even speak to someone... I’ve felt so alone and helpless. Once the remained of our deposit is safely back (in progress),I will look at taking this further under intimidating behaviour, verbal abuse, harassment, bullying, etc. We documented their blatent breaches such as sending strange men over to let themselves into the house without permission or informing us, so they arrived very early in the morning and leered at me in my pjs, turning up and shouting abuse, and now this clear email trail from the estate agent full of bullying language which is threatening to increase their claims if we go to dispute, plus a large estate agent fee if we invoke that right.

This has really affected me so that you everyone for your support and try not to be disappointed in me.

greendoor665

Liz1729 wrote: »

I will look at taking this further under intimidating behaviour, verbal abuse, harassment, bullying, etc.

And just how are you planning to do that? Who are you going to take it further with? I think you're on a hiding to nothing with that one.

Sorry but you've let them win the fight they should have lost and now you want to pick another fight that you've got no chance of getting anywhere with.

Liz1729

And how was I going to win exactly? I could win back 100% of my deposit but they don’t award back charged fees. The estate agent said clearly these fees would be charged if we used the dispute service and therefore we would be a net out of pocket despite being in the right. I can’t see how that term in the contract is fair or enforceable but the deposit resolution service aren’t the ones to handle that.

It is easy for people on the internet to take risks with other people’s money. I would feel the same way. As the person going through it, stressed out my mind and not able to sleep (again!) and so I took the cheapest option. I came here for support, not a hostile telling off, please try to be helpful rather than vent at me. This whole thing has left me shaken, sensitive and not at my best.

Unrelated to the deposit, we have records of abusive behaviour from the landlord which if it was a random stranger would be reported to the police... i’ll ask citizens advice in person on my next day off.

elsien

The time to report abusive behaviour is when it happens, landlord or not.

Once you've paid up the money and left, you're not going to get very far trying to follow anything else up.
That's not venting at you, that's the reality of the situation. If you've decided it's not worth the fight then just move out and move on.

Liz1729

We reported the behaviour to the estate agents who admitted they have no procedures for protecting tenants from abusive landlords. If we took it further they would have made us homeless which would have been exceedingly expensive. We found a new place and moved out ASAP instead, which still took ages.

I don’t know if the fees would be considered unfair or not, they are stated in our contract but are all so vaguely worded it is not clear when or when not they would apply. It essentially forces tenants to give up their rights to dispute for any disputes less than the cost of the fee. While there were more correct options for me to have taken, they were all more expensive!?

As far as I can tell, the way forward is to discuss this with citizens advice, write a complaint to the estate agent and then on to the property ombudsman. We have ended up out of pocket but it’s the morals of the situation that grate on me and I want the estate agent and landlord looked into for their practices for the sake of the new tenant and the one after that... or I could just leave it as a bad chapter of my life finally closed and move on, with gratitude that I can afford to pay awful people to leave my life.

Pixie5740

Well I think this thread has reached it's conclusion. You've asked for advice and then ignored it. If you'd wanted to help future tenants you would have pursued the return of your deposit but you didn't so all you've done is show the letting agent that their bullying tactics won. Well done!

:T:T:T

mrginge

Liz1729 wrote: »

I don’t know if the fees would be considered unfair or not, they are stated in our contract but are all so vaguely worded it is not clear when or when not they would apply. It essentially forces tenants to give up their rights to dispute for any disputes less than the cost of the fee. While there were more correct options for me to have taken, they were all more expensive!?

I dont understand.

I told you a made up admin charge would be unfair and you have stated above exactly why. They would not get a disproportionate fee through the dispute scheme or small claims in the same way as they wouldn’t get £100 for changing a lightbulb.

But you’ve ignored all the advice anyway on the basis that ‘it’s easy for people on the internet to take risks with other people’s money’. If that’s the case then why bother asking for advice from people on the internet?

As for ‘the way forward’, well there isn’t one for you. You've demonstrated you’re not up for a dispute so just call it a day and move on with your life.

Pixie5740

!!!!!!! Deja Vu anyone?

https://forums.moneysavingexpert.com/discussion/5453866/charging-tenant-to-clean-conservatory-roof-so-stressed-out-by-this

See you all in 2020 for another thread from the OP about deposit deductions.

Comms69

Liz1729 wrote: »

Well, I think they have won. The estate agent has advised that the landlord will be pursuing additional claims (unspecified) which I know are nonsense but it will costs us the time and hassle but unlikely any money. The winning move however, is the estate agent, they have a large fee in our contract for end of tenancy that they will invoke if this goes to dispute. This is to cover the admin costs of putting forward the dispute on behalf of the landlord. The morals of this situation are laughable but when it is a case of paying a end of tenancy fee or paying (lower) made up deposit reductions, this seems an easy choice. I am shaking with anger and stress however. Time to give up?

Think about that logically; they want YOU to pay for work on behalf of the landlord.

Consider then this- your contract is with the landlord. So your landlord is expecting you to pay him to take your deposit. How lawful do you think that is on a scale of ‘not lawful’ and ‘f___ right off’...