Deductions from rental deposit issue

swingaloo

Im asking on behalf of some friends who left a rented property last weekend and have been told by the agent that they are to have deductions from their deposit.

Whilst Im pretty sure they may have to accept these deductions I still wanted some advice to help them.

The deduction is £145 for professional carpet cleaning. 2 Bedrooms, downstairs is laminate. Before they left they hired a carpet cleaner and fully cleaned the carpets. However I have since looked at their contract and it does state that as they have a dog (which incidentally cannot even get upstairs and the agent knows this) the carpets have to be professionally cleaned so therefore they may have no argument.


The contract also says that all paintwork must be cleaned and all rubbish removed which it has been. The only gripe is the carpets. Even though they are cleaner now than when they moved in the agent has said that as they have not provided an invoice for the cleaning they will take a deduction.

The situation is that when they went into the property 2 years ago they inherited it in quite a mess. There was a garage left full of rubbish which the agent had said would be removed before the moved in but was left for them to do. There was a shed without a roof which had rotted at the side of the house and was left full of wet carpet, rusty paint cans etc and they cleaned all that away. They cut back the overgrown jungle at the back and re laid the lawn.

In addition there were holes in the walls, door handles broken, light fittings not fixed and hanging loose from the ceiling as well as many decorative issues. They have painted and decorated, grouted and put new sealant in the bathroom. Bought new inner door handles etc. One of the last things they did before leaving was make a new door number sign to put on the wall outside as he thought the old one was looking a bit tatty.

I know none of this is relevant to the issue of the deduction but its just to show that these are not a couple who have made a mess of a property, they have looked after it and its now in a much better state of repair than it was 2 years ago when they moved in which is why it is so unfair.
I helped them move and saw the carpets and the rest of the house and it was left immaculate, I think the agent is just being awkward. They went above and beyond to leave it clean from the windows to the dustbins.

The reason they left the property was because there were French doors across the back of the lounge which would not lock and despite asking the agent to get them attended to for over 6 months nothing has been done and its a security issue they no longer wanted to live with.

So my questions are-

I there any point in fighting the deduction.?
It seems so unfair a they have spent a lot of their own money improving the property. Every time they asked for anything to be done- ie, the handles for the doors, the agent would reply with 'Oh I don't think the landlord would want to spend the money at the moment' etc. I know they cant now request money they have spent back but could they argue that it be offset some way.

As I think its quite possible that they will not actually have the carpets cleaned anyway (and I know they don't have to) but I think it may just be a little money maker for the agent and as the landlord lives abroad he will know nothing about it.

Could they actually write to the landlord explaining what is going on or would that be a waste of time. I know Im clutching at straws but Im just so angry about how upset they are by this.

I suspect they will just have to bite the bullet but if there is any way to fight this I would be grateful for advice.

Thank you

KatrinaWaves

If they have photos proving the carpets are cleaner than at check in then 100% dispute it. As far as I’m aware agencies cannot insist on a professional clean, as long as it is cleaned to a good standard. If they are cleaner than the beginning, there’s no argument

theartfullodger

Follow dispute process with whatever scheme deposit is protected.



See G_M's excellent guide here...
https://forums.moneysavingexpert.com/showpost.php?p=67759912

swingaloo

Thank you for the advice so far.

I have read G_Ms guide.

My friends have raised a dispute and are waiting for the agents to submit their evidence.

When they opened the dispute online it did not ask for any details regarding why they were disputing the deduction. It just gave a message saying they would be in touch when the landlord/agent has responded. This was over a week ago and nothing has been heard from them yet.

Is it after the agent/landlord has given their side that the tenant is asked to provide their evidence? There was nowhere to include it when they opened the dispute so they assumed it would be a 'Next Step' but are now worrying that the decision may be made without then giving their side.

Before raising the dispute they emailed the agent to say they did not agree to the deduction and the agent responded to say that they were now changing the amount they wanted to withhold to almost £300 but no explanation as to why the extra. The first email they had from the agent actually says that apart from the carpet everything else is fine and in order.

I did a slightly underhand thing and made an appointment to view the house as if I was looking for a rental. I went round the house with the agent who actually told me the previous tenants were very good! I paid particular attention to the carpets and there were definitely no dog hairs and Im certain that the carpet in question has not been recleaned since they left as 2 small sets of drawers belonging in the room were in exactly the same position as they were when they put them back into the room after the clean they did before leaving the property.

[Deleted User]

I hope you took photos. but as far as I am aware it is on the LA to prove there was a reason for their deductions. It doesn't seem like there was. We have had posts on here before about 'professional cleaning' of carpets. Its a term often used by LAs but thing is, there is no way to define 'professional' carpet cleaning so it isn't normally considered to be a valid clause in rental agreements.

swingaloo

Yes deannatrois they have photos but they don't show the carpet in great close up detail, just general images of the room.

Ive also read that they can only demand professional cleaning if the property was professionally cleaned at the start of the tenancy which it certainly was not.

I also read that they are entitled to be present when the 'Check out' inventory was done. They were not told when it was going to be done and it turns out it was done 4 days after they left the property without them being present.

Im still interested to hear from anyone who has been through the process and when they got to present their photographic and other evidence as they are worried a decision will be made without them having chance.

Im trying to help as they are an elderly couple and they are getting very stressed by it all.

NewShadow

swingaloo wrote: »

Im still interested to hear from anyone who has been through the process and when they got to present their photographic and other evidence as they are worried a decision will be made without them having chance.

I don't know if it varies from deposit company to company, but I can tell you what happened when I did it?

I got an email to say my landlord was only returning part of my deposit. I went on to the site and lodged a dispute - that just opens the dispute and formally says you don't agree.

My landlord then had - some days... 10? - to present his case and evidence. Then I had... time - again 10 days? - to see what he was claiming for and lodge my arguments for why I disagreed.

In my case, I was in a shared flat and remained in the property for a short time after my co-tenants left. My landlord came in and took a load of photos while I was still living there - he said he wanted to see what work would need to be done once I'd moved out - but then he was claiming for the abandoned 'rubbish' he had to dispose of... despite the fact I spent my last week cleaning and took a lot of that 'rubbish' with me as it was my belongings :rotfl:

My argument centred on the lack of a check in inventory mentioning condition; the lack of dated photos; and I provided a receipt for the carpet cleaner I'd hired.

The landlords case was rejected in full :cool:

If you have any emails or messages confirming the state of the property when they moved in - these can be saved as images/PDF and attached to the claim when you get to respond, as can any photos.

I think your main point would be to focus on betterment and the landlord proving the state of the property when you moved in. You don't have to make a case for your deposit back - they have to make one to keep it...

swingaloo

Thank you very much, that's exactly what I was hoping to hear.

swingaloo

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An update on this please and more advice needed.
My friends raised a dispute as advised. it is over 2 weeks now and there has been nothing from the deposit protection scheme.
So he rang them to find out what is going on. They are still waiting to hear from the letting agent regarding the deductions.

He asked if there is a timeframe for them to provide the evidence and the woman said that they should have given the reason for the deduction within 14 days but they have heard nothing from them. So when he asked 'What happens now' she suggested that he either speak to the letting agent to see if he can come to some compromise or if he doesn't want to do that (which he doesn't) they can send him out a form for him to begin legal action against the agents.

I was under the impression that the deposit scheme were there to assist in you getting the deposit back. The deposit is nearly £1000 and the amount they want to deduct is just under 300 but he has not even got the undisputed part of the deposit back.

Can anyone advise on the next steps please.

NewShadow

As I understand it, if the LL hasn't responded, the next step is a 'statutory declaration' - which is to say your friend completes a form stating there is no reason for there to be a deposit deduction and claiming the amount in full/that there are grounds for a partial dedication and what they are claiming.

It has to be signed by a solicitor but shouldn't cost much... £20ish - your friend prepares the statement, takes to a local solicitor who offers certification, reads out their statement, the solicitor signs, your friend leaves.

It basically switches the process around - the deposit is released to the tenant in 14 days unless the landlord objects/provides evidence. Of course, the LL may pop up on the last day and refuse to use the arbitration process which will leave court as the only option.

Alternatively your friend can jump the gun and go for the small claims court right away - but the courts encourage all steps are taken before litigation and it could take months/cost much more... 

swingaloo

Thank you for the reply. I think we were confused as according to the DPS site both sides were to submit evidence then it was put to an adjudicator to make a decision. I presumed (wrongly) that if the letting agent didn't respond with any evidence that the adjudicator would rule in the tenants favour. 

I thought that the DPS were there to look after the rights of both sides. However, now just because the letting agent is being awkward and not responding my friends are getting worried about having to pay out to go to court. Perhaps the agents don't respond in the hope that you will just go away.
It also doesn't seem fair that the agent can refuse to use the arbitration process.

The letting agent has not even returned the undisputed part of the deposit yet and is not responding to any emails requesting it. Possibly it needs a visit to the letting agent but my friend is reluctant to go there as the person they have been dealing with is quite nasty.