28 days for deposit to be returned?

scorpio_princess

As the title suggests, i've just received a letter from my LA confirming my leaving date (30th June), but it also says that i'll have to wait 28 days for the return of my deposit :eek: The letter also encloses a list of 'instructions' about what to clean and how to do it. NOTHING has been left off the list. My problem with this is that it doesn't make any provision for what the state of the property was prior to my moving in! It reads like everything needs to be left spotlessly clean, but it most certainly wasn't like that when I loved in! Even though it was my first time renting, I did remember to take photos of everything, and I also detailed the complete state of the property on the inventory (which was left entirely up to me to complete). Don't get me wrong, the place wasn't in a dire state or anything, but it definitely wasn't the pristine show home they're trying to make me leave it as!

Of course, I will clean the place from top to bottom (because i'm like that) but i'm just a teensy bit worried about the warning: 'if you don't clean everything as detailed on this list, we reserve the right to send in professional cleaners, and the cost will come out of your damage deposit. I have a feeling they did this to the previous tenants, as before I moved in I had to wait a couple of days for it to be 'cleaned', which i'm pretty sure never happened (and if it did the cleaners weren't very good!) My mum and I spent almost 2 days bleaching, hoovering and cleaning everything. It just makes me cross that I might end up paying for damage that was down to the previous tenants.

Also, they're asking for all meter readings, but i'm just wondering why - I never got any start meter readings when I moved in (and as it took me ages to find the gas meter i'm pretty sure I ended up paying some of the previous tenants bill!)

Am I just being paranoid? Or do you think i'm being sensible by preparing myself for the worst? I was thinking of attaching a copy of the inventory to a letter, where i'll tell them I will put the property back to the same condition I found it in, but I won't be held responsible for fair wear and tear and damage which I can prove was not down to me by way of photographs and the signed inventory. What do you think?

Sorry for the ramble...

poppysarah

They can only expect the place to be professionally clean if that's how they gave it you.

28 days? I'd expect an inpsection when you hand the keys back (More photos remember) and then there's no reason for more than a week

tbs624

How long is the list of what the LA has asked you to do?

What is the precise wording within your actual Tenancy Agreement , regarding cleaning and the return/detention of your deposit, meter readings etc? This is what counts, together with the state of the property at the start of the tenancy (and you sound as though you did the right thing with photos/inventory) regardless of what your LA puts in a last minute letter to you.

The meter readings are a private matter between you and the utility company if you pay the utility bills direct. If the LA wants to check them before a new tenant moves in that's up to them to sort out.

They cannot just retain an amount from your deposit without justification - you can challenge them.Don't let them stress you out.

Agree with Poppysarah that 28 days is too long to wait. If your deposit is registered they should be paying it back within 14 days anyway.

clutton_2

when did you sign the agreement ?

scorpio_princess

clutton wrote: »

when did you sign the agreement ?

I moved in December 06, so as I understand it they weren't obliged to put the deposit in a protection scheme (damn it!)

Ok, i've just read the agreement and here's what it says:

'To yield up the property and contents at the expiration or sooner determination of the tenancy in the same clean state or condition as they shall be in at the commencement of the tenancy'

and

'To pay for any cleaning services that may be required to reinstate the property to the same order that it was provided at the commencement of the tenancy'

It concerns me that there's nothing in there about fair wear and tear - should there be?

The bit about having to wait 28 days to get the deposit back is detailed in a supplementary part of the contract, which I also signed. I guess at the time I thought 28 days was standard, but now it's going to be happening to me I think it's really quite long, particularly as i've had to borrow the money for my deposit on my new place, and the the lender would really like it back soon! Another odd thing is that I have to leave them a stamped addressed envelope so they can send it back. Why can't they just pay it into the account they been taking my rent out of?

The contract also says that I have to inform them immediately if I want to change energy suppliers. I don't get this - surely who I have supplying my energy is up to me? Incidentally I have switched suppliers, so could they legally make an issue of this?

Another thing that might stand in my favour is that i've never had an inspection - not once. In fact, i've never been in this flat with any of their staff. I signed the agreement before I even got here, I signed in their office - another thing about that is that there were no witnesses - it just shows my signature and the woman who dealt with me, who left the company a week after I moved in. Perhaps it was silly to sign before even seeing the place and its condition, but it was my first rental and I was in a hurry to move (my parents had sold their house to downgrade, so I would have been homeless if I didn't find somewhere soon). I think they probably sensed my eagerness, but hey ho, can't change that now!

Arrghhh sorry if I seem like i'm jumping the gun and getting all paranoid about something that may or may not happen, but I just want to have covered all bases should the worst happen.

scorpio_princess

poppysarah wrote: »

They can only expect the place to be professionally clean if that's how they gave it you.

28 days? I'd expect an inpsection when you hand the keys back (More photos remember) and then there's no reason for more than a week

I seriously doubt that it had been professionally cleaned - I assume professional cleaners wouldn't leave stains on the carpet, grease on the kitchen floor, a dirty oven etc etc

scorpio_princess

tbs624 wrote: »

How long is the list of what the LA has asked you to do?

What is the precise wording within your actual Tenancy Agreement , regarding cleaning and the return/detention of your deposit, meter readings etc? This is what counts, together with the state of the property at the start of the tenancy (and you sound as though you did the right thing with photos/inventory) regardless of what your LA puts in a last minute letter to you.

The meter readings are a private matter between you and the utility company if you pay the utility bills direct. If the LA wants to check them before a new tenant moves in that's up to them to sort out.

They cannot just retain an amount from your deposit without justification - you can challenge them.Don't let them stress you out.

Agree with Poppysarah that 28 days is too long to wait. If your deposit is registered they should be paying it back within 14 days anyway.

The contract also states that I must make sure all utility bills are paid. Of course I will do this, but why is it any concern of theirs? As I understand it, utility bills are attached to the person, not the property.

SquatNow

scorpio_princess wrote: »

'To pay for any cleaning services that may be required to reinstate the property to the same order that it was provided at the commencement of the tenancy'

Sounds like you're screwed. Your going to clean it (as you should, always leave a place in a state in which you'de like to find it) and then they are going to charge you for paying cleaners to make it dirtt again.

redcar_2

OP I think writing the letter is good so you can clairfy and have the arguments about condition now whilst you can still consider what you want to do rather than after you have left and have no access to the property. I would do you as you suggest and tell them you are not paying for a professional clean as that does not represent the state of the property when you entered. You can ask them to confirm that they expect as per the contract for the property to be returned in the state you got it rather than professioanlly cleaned so you are clear about the goal posts. Did you note on your amended inventory that it was not totally clean in any place?

I wouldn't worry about passing on meter readings as this will just protect the new tenant from the same problem you had and also may protect you that the reading when you leave is noted and agreed with the agent rather than suddenly having to argue this once you have moved out.

scorpio_princess

redcar wrote: »

OP I think writing the letter is good so you can clairfy and have the arguments about condition now whilst you can still consider what you want to do rather than after you have left and have no access to the property. I would do you as you suggest and tell them you are not paying for a professional clean as that does not represent the state of the property when you entered. You can ask them to confirm that they expect as per the contract for the property to be returned in the state you got it rather than professioanlly cleaned so you are clear about the goal posts. Did you note on your amended inventory that it was not totally clean in any place?

I wouldn't worry about passing on meter readings as this will just protect the new tenant from the same problem you had and also may protect you that the reading when you leave is noted and agreed with the agent rather than suddenly having to argue this once you have moved out.

Yes I did write on the inventory that some things were less than clean. I would assume that if my findings at the time were disputed, they would have inspected the place, or at least written to me to tell me they disagreed. As this didn't happen I thought I was covered. Time will tell!

zebulon

scorpio_princess wrote: »

I moved in December 06, so as I understand it they weren't obliged to put the deposit in a protection scheme (damn it!)
Another odd thing is that I have to leave them a stamped addressed envelope

!!!!!!!!! :eek:
so now you have to pay for the stamp :rotfl:

that's not funny actually - it's shocking!