Reposit

canaldumidi

Adezoo said:

canaldumidi said:

Your sister paid a 'fee' (not a deposit) at the start. This is non-refundable.

If she is not happy with proposed charges at the end (note, these are not 'deductions') she can raise a dispute by paying £60 to Reposit who will refer it to independant arbitrators. The £60 is refundable if the arbitrators decide the charges were not fully justified.

I'd be interested to know what the LL/agent can do if the tenant simply declines to pay the charges but not raise a 'reposit dispute'. I assume the LL/agent would then have to go to court to claim the charges and the T could then defend the claim in a small claims court.

I would guess so. I’ve emailed them about my payment for the removal of the LED lights but I don’t see why she would pay for cleaning and painting when nothing was done to it. The room was spotless, I even thought it was the picture after cleaning. That room could have been let the same day and nothing would have happened. The falling, broken wardrobe she complained about for the whole stay was changed only after she moved out to take check out pictures.

Unless they appear willing to negotiate the charges (down) with you, I would stop communicating with them.

Unless or until they start court action. Even a 'Letter Before Action' is often just a scare tactic.

You should not need a lawyer to defend any claim they make in court. The Small Claims Court is held in a side room, informally, with no lawyers allowed. You simply need to present your side of the story along with, ideally, photos and any orther evidence.

As for cleaning communal areas which are not your sole responsibility, the LL will have a huge struggle convincing a judge you are liable!

GDB2222

canaldumidi said:

Adezoo said:

canaldumidi said:

Your sister paid a 'fee' (not a deposit) at the start. This is non-refundable.

If she is not happy with proposed charges at the end (note, these are not 'deductions') she can raise a dispute by paying £60 to Reposit who will refer it to independant arbitrators. The £60 is refundable if the arbitrators decide the charges were not fully justified.

I'd be interested to know what the LL/agent can do if the tenant simply declines to pay the charges but not raise a 'reposit dispute'. I assume the LL/agent would then have to go to court to claim the charges and the T could then defend the claim in a small claims court.

I would guess so. I’ve emailed them about my payment for the removal of the LED lights but I don’t see why she would pay for cleaning and painting when nothing was done to it. The room was spotless, I even thought it was the picture after cleaning. That room could have been let the same day and nothing would have happened. The falling, broken wardrobe she complained about for the whole stay was changed only after she moved out to take check out pictures.

Unless they appear willing to negotiate the charges (down) with you, I would stop communicating with them.

Unless or until they start court action. Even a 'Letter Before Action' is often just a scare tactic.

You should not need a lawyer to defend any claim they make in court. The Small Claims Court is held in a side room, informally, with no lawyers allowed. You simply need to present your side of the story along with, ideally, photos and any orther evidence.

As for cleaning communal areas which are not your sole responsibility, the LL will have a huge struggle convincing a judge you are liable!

Lawyers are allowed, but the court won't normally award costs for representation. So, it would be unusual to see a lawyer for such a tiny case.

The cost of cleaning communal areas - does that depend on the what's in the terms of the lease? If there are several students sharing a house, the landlord really needs the whole kitchen cleaned when they move out, not just one corner of it.

sheramber

That may have not be the total cost. Your sister may have been billed for a share of the total cost

theartfullodger

Robbo66 said:

theartfullodger said:

Your sister (not you) should dispute any deductions through deposit scheme.  Those schemes were brought in to give tenant better protection from avaricious landlords and agents.

And yet they ended up doing anything but that, you are always quick to denigrate Landlords/agents but the reality is the vast majority of landlords and agents are decent.

Thank you Robbo for your kind words regarding my post """ Your sister (not you) should dispute any deductions through deposit scheme.  Those schemes were brought in to give tenant better protection from avaricious landlords and agents. """"

I currently am - and have been -  a landlord since 2000. 

What hard evidence do you have for e.g your claim that """ the reality is the vast majority of agents are decent """ please?  Certainly not in my experience, both as a landlord and as (many years ago) a tenant.  £25 to an agreed housing charity if you have independent evidence to back up your assertion.

Best wishes to all.

canaldumidi

GDB2222 said:

canaldumidi said:

Adezoo said:

canaldumidi said:

Your sister paid a 'fee' (not a deposit) at the start. This is non-refundable.

If she is not happy with proposed charges at the end (note, these are not 'deductions') she can raise a dispute by paying £60 to Reposit who will refer it to independant arbitrators. The £60 is refundable if the arbitrators decide the charges were not fully justified.

I'd be interested to know what the LL/agent can do if the tenant simply declines to pay the charges but not raise a 'reposit dispute'. I assume the LL/agent would then have to go to court to claim the charges and the T could then defend the claim in a small claims court.

I would guess so. I’ve emailed them about my payment for the removal of the LED lights but I don’t see why she would pay for cleaning and painting when nothing was done to it. The room was spotless, I even thought it was the picture after cleaning. That room could have been let the same day and nothing would have happened. The falling, broken wardrobe she complained about for the whole stay was changed only after she moved out to take check out pictures.

Unless they appear willing to negotiate the charges (down) with you, I would stop communicating with them.

Unless or until they start court action. Even a 'Letter Before Action' is often just a scare tactic.

You should not need a lawyer to defend any claim they make in court. The Small Claims Court is held in a side room, informally, with no lawyers allowed. You simply need to present your side of the story along with, ideally, photos and any orther evidence.

As for cleaning communal areas which are not your sole responsibility, the LL will have a huge struggle convincing a judge you are liable!

Lawyers are allowed, but the court won't normally award costs for representation. So, it would be unusual to see a lawyer for such a tiny case.

The cost of cleaning communal areas - does that depend on the what's in the terms of the lease? If there are several students sharing a house, the landlord really needs the whole kitchen cleaned when they move out, not just one corner of it.

True- there are some unclear aspects of this. However OP said earlier " how can you charge £100 for cleaning which I believe is for the kitchen when other people are living there. " which I took to mean that other occupants of this HMO are not vacating at the same time.

So, just to clarify:

* is this England?Wales?.....

* Is this an HMO (and if so is it registered as such)?

* was the tenancy a sole tenancy (just one name on the contract), or 'joint and several' (ie contract is shared with other occupants though seems unlikely)

* what area(s) does the tenancy say is included eg sole use of bedroom? Shared use of xxxxx..??

* what does the tenancy say, if anything, about responsibility for cleaning esp shared areas?

* how many other occupants? Moved in when? Moving out or not?

Pleae quote where possible.

Robbo66

theartfullodger said:

Robbo66 said:

theartfullodger said:

Your sister (not you) should dispute any deductions through deposit scheme.  Those schemes were brought in to give tenant better protection from avaricious landlords and agents.

And yet they ended up doing anything but that, you are always quick to denigrate Landlords/agents but the reality is the vast majority of landlords and agents are decent.

Thank you Robbo for your kind words regarding my post """ Your sister (not you) should dispute any deductions through deposit scheme.  Those schemes were brought in to give tenant better protection from avaricious landlords and agents. """"

I currently am - and have been -  a landlord since 2000. 

What hard evidence do you have for e.g your claim that """ the reality is the vast majority of agents are decent """ please?  Certainly not in my experience, both as a landlord and as (many years ago) a tenant.  £25 to an agreed housing charity if you have independent evidence to back up your assertion.

Best wishes to all.

I rent myself and know many people that do, i and them have not had any reason to complain about either the landlord or agent as with most things in life the majority of good services are very rarely praised but bad ones are often and then everything to do with that service is tarred with the same brush. If every landlord and agent was as bad as you constantly make out they just wouldn't be in business. I accept and agree there some exceptionally bad agents and landlords but in my own experience most are good. Sorry cant give any hard evidence can only speak from own experience and that of acquaintances

Adezoo

RAS said:

Check whether daughter's university has a housing office?

They may offer support; they may also get other complaints of the same nature about reposit, or at least alert students to the implication of renting from LLs using them.

It’s an agent but I don’t think they are representing an university or so. I believe they have HMO and rent it out to students especially close to universities. I’ll advise her to investigate.

theartfullodger

The suggestion of checking if uni has a housing office (or similar name) is not that they provide the accommodation but may have advice or knowledge of agent/landlord or may be able to apply "pressure" on agent/landlord.

Adezoo

canaldumidi said:

Adezoo said:

canaldumidi said:

Your sister paid a 'fee' (not a deposit) at the start. This is non-refundable.

If she is not happy with proposed charges at the end (note, these are not 'deductions') she can raise a dispute by paying £60 to Reposit who will refer it to independant arbitrators. The £60 is refundable if the arbitrators decide the charges were not fully justified.

I'd be interested to know what the LL/agent can do if the tenant simply declines to pay the charges but not raise a 'reposit dispute'. I assume the LL/agent would then have to go to court to claim the charges and the T could then defend the claim in a small claims court.

I would guess so. I’ve emailed them about my payment for the removal of the LED lights but I don’t see why she would pay for cleaning and painting when nothing was done to it. The room was spotless, I even thought it was the picture after cleaning. That room could have been let the same day and nothing would have happened. The falling, broken wardrobe she complained about for the whole stay was changed only after she moved out to take check out pictures.

Unless they appear willing to negotiate the charges (down) with you, I would stop communicating with them.

Unless or until they start court action. Even a 'Letter Before Action' is often just a scare tactic.

You should not need a lawyer to defend any claim they make in court. The Small Claims Court is held in a side room, informally, with no lawyers allowed. You simply need to present your side of the story along with, ideally, photos and any orther evidence.

As for cleaning communal areas which are not your sole responsibility, the LL will have a huge struggle convincing a judge you are liable!

In my sister contract it says to look after the property which she did. Even before leaving, they said clean to a good standard. Her main place of residence was the room, the kitchen is tiny and shared. No living room. She cleaned the cupboard that was assigned to her, and the 2 fridge rows that were also assigned to her. She is the person that takes the bin the most. She cleaned after herself. But I don’t understand how they can make her liable when the kitchen is still in use by other tenants, which will not prioritise cleaning as “they’re not moving out anyway”. Also, you can’t really force clean other people areas. With shared houses, I believe you need to respect other peoples space.

Adezoo

GDB2222 said:

canaldumidi said:

Adezoo said:

canaldumidi said:

Your sister paid a 'fee' (not a deposit) at the start. This is non-refundable.

If she is not happy with proposed charges at the end (note, these are not 'deductions') she can raise a dispute by paying £60 to Reposit who will refer it to independant arbitrators. The £60 is refundable if the arbitrators decide the charges were not fully justified.

I'd be interested to know what the LL/agent can do if the tenant simply declines to pay the charges but not raise a 'reposit dispute'. I assume the LL/agent would then have to go to court to claim the charges and the T could then defend the claim in a small claims court.

I would guess so. I’ve emailed them about my payment for the removal of the LED lights but I don’t see why she would pay for cleaning and painting when nothing was done to it. The room was spotless, I even thought it was the picture after cleaning. That room could have been let the same day and nothing would have happened. The falling, broken wardrobe she complained about for the whole stay was changed only after she moved out to take check out pictures.

Unless they appear willing to negotiate the charges (down) with you, I would stop communicating with them.

Unless or until they start court action. Even a 'Letter Before Action' is often just a scare tactic.

You should not need a lawyer to defend any claim they make in court. The Small Claims Court is held in a side room, informally, with no lawyers allowed. You simply need to present your side of the story along with, ideally, photos and any orther evidence.

As for cleaning communal areas which are not your sole responsibility, the LL will have a huge struggle convincing a judge you are liable!

Lawyers are allowed, but the court won't normally award costs for representation. So, it would be unusual to see a lawyer for such a tiny case.

The cost of cleaning communal areas - does that depend on the what's in the terms of the lease? If there are several students sharing a house, the landlord really needs the whole kitchen cleaned when they move out, not just one corner of it.

It doesn’t say anything about the cost of cleaning communal areas, and I wouldn’t expect it with a shared accomodation with “strangers” living together and moving in/out on different days. I would expect the room to be clean, but kitchen should have your section clean, because others will still be expected to use the kitchen.