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Problem with letting agent (Zone Letting)

Sorry for the huge post. Tried to get as much detail in as I recall.

Just rented a flat with my partner and about to move from my old flat but there are problems.

1. We were told we had to pay a £200 holding deposit (deducted from the actual deposit), the usual deposit of one months rent, a months rent (plus 8 days) in advance... and a £120 cleaning fee. We asked why we would need to pay the cleaning fee and they said they could remove it but it would need to be "cleaned to professional standards" when we leave. Fair enough! We said we would make sure it was fine, so we got the keys and here is where the first problem lies...

We went to the flat and it's FILTHY. I mean you wouldn't let an animal live in it. Photos were taken of all of it and sent to the letting agent. They kept saying they'd get back to us but it's kind of a problem we need sorted sooner rather than later (my partner is due to give birth in two weeks) so whilst I was at work she popped in and spoke to a manager. Other than being very cheeky to her, he flat out denied the flat was filthy despite being given photographic evidence.

Where do we go from here? The flat has been cleaned by US to a livable condition, but surely we shouldn't have to have it in any better state than what they gave it to us like?

2. The bed frame is broken and the mattress is old and smelly. So the main problem for us when the viewing took place was that we didn't want the beds and let the LA know as we'd happily just buy a new one of our own. The LA said that she'd "let the LL know then" implying (although obviously not completely going "yeah that's totally fine" I do appreciate that) that they could be taken away.

We happily paid the non-refundable holding deposit and it then changed to "we'll speak to the LL". Then they dodged our emails and calls for a few days before we eventually said we wanted to know when they were being uplifted only to be told "the LL has no storage space so you have to pay for storage". We were taking this out under the premise that these reeking beds would be away.

It gets better though, the bed frame apparently wasn't broken when we got the keys. We've took nothing in to the house yet and we took pictures the day we got the house. But apparently we are lying and the bed wasn't broke.

Where do we stand with that?

3. We were given an inventory list and told to hand it in within 7-10 days. EVERYTHING on the inventory is listed as having "Good" (the top rating) condition. The above two are just examples, but we have marked 23 things in total as "Fair" and "Old".

How do we hand this in when their ratings are complete !!!!!? We aren't signing it in its current state anyway. Someone is coming out on Monday to inspect the property from this joke of a letting agency but I don't know what "inspect" even means.

4. To cap it all off, we were supposed to move in on 23/09/13 (when we got the keys). It's been six days so far which is the equivalent of £96 rent they've had without us moving in. By the time this is resolved it could be God knows how long. Do we stand in any position to get this money back since it was in a uninhabitable state? Well, maybe "uninhabitable" might be too strong. It's not like we would have died but as I said, my partner is heavily pregnant and why would we risk her catching something from the house?

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    You return it how you got it.

    If you dont sign the inventory, the LL has no way to prove the state of the flat when you started or leave, so how can they prove it to the arbitrators?

    How can they take your holding deposit from your deposit? you dont mean added to? holding deposit, implies it will be returned
  • 1) o.k so it probably should have been cleaned when you moved in. It wasn't. You've taken pictures to prove this so have evidence for when you leave. IF you have it in writing that it would be left in a clean condition and you can prove it wasn't then you may have a case to claim cleaning costs. In most cases though it's a case of taking it how it is and getting it cleaned. You won't have to pay anything out of your deposit when you leave. If they try it on you can contest any charges with your evidence.
    2). Verbally you may have been told the bed would be remove but without anything in writing you are rather stuck. You can try writing to the landlord at the address given on your tenancy agreement and see if you can come to some sort of agreement. If not then you will either have to pay to store the mattress or throw it out. Obviously if you throw it out you will either have to leave you mattress at the end of the tenancy (and you shouldn't get charged as it would be in better condition than the one you threw out) or you take it with you and run the risk of having some of your deposit withheld at the end of the tenancy. Obviously they couldn't claim for a new mattress. If a mattress is expected to last 7 years and they'd had it for 5 then it would be argued that you'd deprived them of 2 years use so you'd owe them 2/7 of the price of a new mattress. I probably wouldn't pay to store the old mattress and would just chuck it (after taking copious photos and notes).
    3) Go through you copy of the inventory with a fine tooth comb. Sign it, date it, copy it and send it back to the ll as soon as possible. Keep your copy very safe for the end of the tenancy. If you can I suggest you take a dated video of it or a photo of it with the days paper in the corner (obviously you want to try and verify the date).
    4) Not sure on this one. Why did you not move in? lack of access/being able to get the keys? having to do cleaning? I think you'd be hard pressed to get anything back on this one to be honest.

    Have you got it in writing where your deposit is protected and have you got a gas safety certificate (if you have gas)?
    Best of Luck
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • Guest101 wrote: »
    You return it how you got it.

    If you dont sign the inventory, the LL has no way to prove the state of the flat when you started or leave, so how can they prove it to the arbitrators?

    How can they take your holding deposit from your deposit? you dont mean added to? holding deposit, implies it will be returned

    So with it being dirty we just don't clean it before we go then and it's okay?

    So do you mean we should sign it but with our own ratings attached or just refuse to sign it?

    Yeah what I mean is we paid £200, then we only had to pay £275 (as opposed to £475) for our deposit.

    1) o.k so it probably should have been cleaned when you moved in. It wasn't. You've taken pictures to prove this so have evidence for when you leave. IF you have it in writing that it would be left in a clean condition and you can prove it wasn't then you may have a case to claim cleaning costs. In most cases though it's a case of taking it how it is and getting it cleaned. You won't have to pay anything out of your deposit when you leave. If they try it on you can contest any charges with your evidence.
    2). Verbally you may have been told the bed would be remove but without anything in writing you are rather stuck. You can try writing to the landlord at the address given on your tenancy agreement and see if you can come to some sort of agreement. If not then you will either have to pay to store the mattress or throw it out. Obviously if you throw it out you will either have to leave you mattress at the end of the tenancy (and you shouldn't get charged as it would be in better condition than the one you threw out) or you take it with you and run the risk of having some of your deposit withheld at the end of the tenancy. Obviously they couldn't claim for a new mattress. If a mattress is expected to last 7 years and they'd had it for 5 then it would be argued that you'd deprived them of 2 years use so you'd owe them 2/7 of the price of a new mattress. I probably wouldn't pay to store the old mattress and would just chuck it (after taking copious photos and notes).
    3) Go through you copy of the inventory with a fine tooth comb. Sign it, date it, copy it and send it back to the ll as soon as possible. Keep your copy very safe for the end of the tenancy. If you can I suggest you take a dated video of it or a photo of it with the days paper in the corner (obviously you want to try and verify the date).
    4) Not sure on this one. Why did you not move in? lack of access/being able to get the keys? having to do cleaning? I think you'd be hard pressed to get anything back on this one to be honest.

    Have you got it in writing where your deposit is protected and have you got a gas safety certificate (if you have gas)?
    Best of Luck
    df

    1. That's great, that's what we will do then. Just return it how it was (although tbf it'll be MUCH cleaner regardless since it couldn't have gotten any worse).

    2. So can I ask how old the bed is? And is the 7 years standard or is that just an example? I wouldn't mind paying £50 or whatever to just be allowed to bin them but they wouldn't be keeping ours.

    How would it work with the bed frame? I'm not saying we couldn't lie down on it, just that the slats are broken underneath and part of it is propped up with an extra loose piece of wood. Isn't this unsafe anyway?

    3. Ah right but what will happen since our accounts differ wildly from theirs? Since I don't want it to be a case of a year down the line when we eventually leave they turn round and say "no all of your ratings were wrong". Yes, I have some proof but pictures aren't exactly ideal since it's only a phone camera we have, not any high res one.

    4. Just because it was so dirty and they were messing us around with the beds. We thought we could have our own beds in and instead we were ignored for days before being told "no".
  • I have no idea how long a bed base or mattress is expected to last for (I just picked a random number to illustrate the maths). Perhaps a google will throw up the answer or alternatively someone on here may know more?
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • The letting agent changed his tune and is now being ever so helpful. He either reads here or decided that with all the documented evidence we have he doesn't have a leg to stand on.

    Either way, thank you for your advice.
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