Landlord deposit advice

kiwi

kiwi

kiwi

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Joined
30 Jun 2003
Posts
2,237
Location
Sussex
We've just had our deposit returned for a flat we vacated in August. Along with it, they sent an invoice stating they had taken £110 for professional cleaning.

Halfway through our tenancy, our flat was sold to new owners (the ones we got the deposit back from). According to the OFT, charging for professional cleaning is not an acceptable use of deposit, and in my eyes, even less so considering that we didn't get the flat from then in the first place and therefore the flat was never professionally cleaned prior to us moving in.

I'm going to write a polite letter explaining this and that we would be prepared to go to small claims court if they didn't return it. As far as I can tell, we would have a decent case in the small claims but I thought I check to see if anyone else has any more experience in this area?
 
I'd expect them to list what was so 'dirty' it required professional cleaning. When I finish my tenancy in this rented student house I'll take pictures of how we leave it perfectly clean if this unfortunatley happens to me.
 
I've heard the same thing about landlords trying it on for the cleaning, everyone got it back one way or another sometimes even through court, but your in the right. Aslong as the place wasn't a mess.
 
kiwi said:
Not that it should matter but it was actually through a fairly large rental agency, hence expecting a bit better (or should it be worse?) from them.
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Worse.

Anyone that has 'agent' in their job title is to be avoided (for different reasons) :).
 
From the other thread:



Essentially the onus is on THEM to prove you caused the damage. If there is no signed DETAILED inventory of condition with pictorial evidence from the start of the tennancy then you could in theory have turned it into a dump. As there is no baseline showing its condition before you moved in then there is NO WAY to prove is wasn't left in the state it was at the start. Thus all deposit should be returned and most of it will be if going through teh deposit scheme arbitration.

Questions (please answer these):
1.) Is there a DETAILED starting inventory and leaving inventory (describing condition not just listing assets) with pictures? Are they signed?
2.) As asked earlier, what is being taken off your deposit by the LL (landlord) / LA (Letting agent), and what did you apparently damage?

Next stages
- Check the links regarding deposit schemes. if you have no paperwork saying that you are with one of them then call then up and speak to them to find out if it is protected (only 3 of them so shouldn't take too long)

- You need to send a formal letter/e-mail requesting the return of the full deposit within 10 days.

- Gather all your evidence, photos, inventories (before/after), tennancy agreement (READ IT!!!!).

- If you don't receive your money back, or they only call rather than write (you NEED written evidence), or they just fob you off saying X,Y,Z damage neglect etc, DON't get worked up and emotional. Send another letter saying they have 10 further days to send the full deposit back, you have sought advice from the deposit company and will be raising a dispute if the monies isn't received.

- Can explain the rest when we get there ;):)


FYI, I have won back money from student LLs used for betterment (had them squirming and sending cheques through jsut before going through with small claims, plus after moving out of London this year I got every single penny back froma thieving one who also wanted betterment, through the mydeposits arbitration scheme.)
 
Thanks for that post, some helpful stuff. They took an inventory when they bought the house but that was almost as we moved out really so they have no starting inventory. We've not seen the leaving inventory.

I think I shall go with the request for the deposit, it seems to be fairly clear that they shouldn't be using our deposit to clean their recently-acquired flat.
 
if you aren't satisfied you can always take it through the secured deposit procedure thingy. Assuming you moved in, in he last 2 years is it?

Did you go around the place with them when you handed the key back and get a signed agreement on what if anything needed rectifying. If you did not do this, this is a MUST and not just getting them to look but get it in signed black and white.
 
If they didn't take an inventory before you moved it, listed all the items, furnishing, condition of the property, or even take pics.............. Then if this goes to the deposit company arbitration you will get your money back.

No proof of condition before you moved in means they can't prove jack ****!

Just follow the listed steps to start with and post back. Be patient and allow those 10 working days. Most likely they will call you threatening coliciters, this and that, but ignore these hollow threats and follow the plan.

:)
 
I moved out of a flat last year, there was a £900 deposit down and the landlord took £750 of it, £400 was for a replacement carpet in one bedroom. The hell were they carpeting it with - Saffron?

Anyway, sought legal advice (which was free - nice to have lawyer friends) who sent a letter to the letting agency. They agreed it was too much however the landlord refused to give back any of the money. Started court proceedings and the landlord paid back £800 of the £900 straight away.

Really makes me think that landlords really are thieving scum - in my experience anyway.

Threaten legal action - you may find that a firm solicitors letter on headed paper will be enough.
Best of luck!
 
I dont charge a deposit as I dont agree with the Deposit scheme, ergo there is nothing I can 'steal'. Even if I took deposits they would be in a protected scheme, so 'unstealable'.
And we own a fairly decent sized chain of properties, enough for 5 full time staff.

What pulls my chain is the tnenats who steal from us, take the LHA, even if we find out where they have moved to how do we get the money back? bailiff? doesnt work, nothing of value, Attach to earnings?, they are'nt earning any money , and so on.
 
BENJAMIN HERBLE said:
I dont charge a deposit as I dont agree with the Deposit scheme, ergo there is nothing I can 'steal'. Even if I took deposits they would be in a protected scheme, so 'unstealable'.
And we own a fairly decent sized chain of properties, enough for 5 full time staff.

What pulls my chain is the tnenats who steal from us, take the LHA, even if we find out where they have moved to how do we get the money back? bailiff? doesnt work, nothing of value, Attach to earnings?, they are'nt earning any money , and so on.
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Do you rent in the south east of England per chance? :p
 
BENJAMIN HERBLE said:
I dont charge a deposit as I dont agree with the Deposit scheme, ergo there is nothing I can 'steal'. Even if I took deposits they would be in a protected scheme, so 'unstealable'.
And we own a fairly decent sized chain of properties, enough for 5 full time staff.

What pulls my chain is the tnenats who steal from us, take the LHA, even if we find out where they have moved to how do we get the money back? bailiff? doesnt work, nothing of value, Attach to earnings?, they are'nt earning any money , and so on.
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Me thinks you might want to start taking a deposit!
 
Benjamin:

http://www.direct.gov.uk/en/TenancyDeposit/DG_066380
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Have a read of the site quoted above and especially take note of the quotes below. I certainly hope your tennants wise up to this forcing you to change the way you are acting. Probably jumping the gun here but you are not painting a good picture on the way you practise being a landlord!

Is your rental deposit safe?

From 6 April 2007, all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales, must be protected by a tenancy deposit protection scheme.
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The Tenancy Deposit Scheme came into force on the 6th April 2007. If you are not protecting a tenant’s deposit you will be ordered to repay three times the amount to the tenant so find out how you can protect deposits and resolve disputes.
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:rolleyes:
 
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