check out perfect - LA now refusing to return deposit

Loretta

This is for a friend.

Purpose built unfurnished flat, excellent condition

Rented from LA 6 months ago, their same Inventory clerk has dealt with this flat for years, knows it well. She checked me in and everything was perfect.

Gave notice and asked LA to recommend cleaning company and they gave me details and said that this cleaning company had worked for them for years and had done the pre tenancy clean, sounded good

Cleaning company gave me a quote and part of their deal is that they attend the check out and rectify any outstanding cleaning before end of inspection so that there are no future queries,

Check out last Friday 15th very straighforward, everything perfect, paid cleaning company

LA contacted me yesterday, Wednesday 20th to say that new tenant was checked in on Saturday 16th, different Inventory clerk and there were several issues, long list of assorted things ie, where was the sofa and the table, flat was unfurnished easily proved.

The main issues seem to be with the standard of the cleaning. LA has said that food and grease is stuck on kitchen tiles and hob, other really dirty noticable things and bizzarly cycle tyre marks on wood flooor in hall and on skirtings and wall! Lots of really noticable things but this flat was perfect at check out

Have spoken to Inventory clerk who was amazed and was most upset that the LA had used a different Inventory clerk for the check in, felt something was going on.

Have spoken to cleaning company who said that they guarantee to clean to standard to pass check out, which they did, and that is their cut off point

Firend was hoping to get deposit back quickly, what should she do now?

BenL

If your friend passed your checkout surely you have fulfilled their contract conditions.

Was the flat completely empty of all their stuff when checkout occured so there could be no damage done by moving?

Did they leave at the same time checkout/inventory person and handed all keys over to them, no re-entry by your friend afterwards.

Does the letting agent take the word of the inventory clerk as an extension of their company? I would think so or the LA would have someone else to check on the checker.

Loretta

BenL wrote: »

If your friend passed your checkout surely you have fulfilled their contract conditions.

Was the flat completely empty of all their stuff when checkout occured so there could be no damage done by moving?

Did they leave at the same time checkout/inventory person and handed all keys over to them, no re-entry by your friend afterwards.

Does the letting agent take the word of the inventory clerk as an extension of their company? I would think so or the LA would have someone else to check on the checker.

Yes it all seemed very professional, tenant moved out previous weekend, 10th, taking everything, flat cleaned Thursday 14th. Check out person took all keys, after counting them etc and check out person, friend and representive left together and check out person locked up.

This check out person was very thorough and knew the flat well. It seems strange that LA used different clerk for check in and that the flat was reported to be so very different by the next day.

We sort of feel that something is going on that we don;t know about or is this sort of theng normal? I have read all the stories on here about LAs!

Can letting agent charge for more cleaning, where does the cut off point start?

clutton_2

if you have a perfect checkout report with both yours and the inventory clerks signatures on it - you are entitled to your deposit back (if you are up to date with your rent that is). As long as you handed in your keys how can you be responsible for damage ?

What is to say that the LL has not been into the property after your checkout and the new tenant moving in.

DGJsaver

These threads are starting to get me really !!!!ed off

We got ours back but only after two letters recorded delivery , in great detail and threating small claims

Trying it on all the time these !!!!!!!s

Good luck

Loretta

clutton wrote: »

if you have a perfect checkout report with both yours and the inventory clerks signatures on it - you are entitled to your deposit back (if you are up to date with your rent that is). As long as you handed in your keys how can you be responsible for damage ?

What is to say that the LL has not been into the property after your checkout and the new tenant moving in.

Thanks for that, it seems quite straighforward to me. Check out clerk is sending the report. When is the cut off point, surely the check out is

However usual situation, LA has the deposit so has the upper hand!

From a practical point what should we do next

DGJsaver

Loretta wrote: »

Thanks for that, it seems quite straighforward to me. Check out clerk is sending the report. When is the cut off point, surely the check out is

However usual situation, LA has the deposit so has the upper hand!

From a practical point what should we do next

Write to them

recorded delivery

liz545

Maybe we should have a sticky thread for landlord deposit dispute questions/FAQ's? Loretta - you need to find out if the LL protected the deposit (this is a legal requirement http://www.direct.gov.uk/en/TenancyDeposit/index.htm). Write to the LL, recorded delivery, stating that you dispute that the property was left in a damaged/unclean state, that you have a copy of the check-out inventory countersigned by the tenant and the inventory clerk; and that if you do not receive the deposit back in the next 14 days you will file a claim with the small claims court. Don't make empty threats, don't waste time, just file. If the LL has failed to protect the deposit they may be ordered to repay 3 x the original deposit, regardless of the condition of the property.