Deposit Deductions

[kregrs]

Hope anyone can help me with this? Have just left my last property due to the tenancy coming to an end. The letting agent caried out their inspection on Monday (9/7), I had asked to be present while this was being carried out but this was refused. First question, does anyone else find this strange? Secondly, they contacted me today to let me know they are making deductions from my deposit, as yet unsure how much, but the reasons given were -
1) The house needs cleaning - My partner and I cleanded the house before I left, to what we think is an acceptable standard. They also claim the carpets need cleaning due to my having a dog.
2) The grass in back garden needs cutting - This was cut a week and a half ago, and obviously due to the recent rain it has grown again.
3) A kitchen cupboard door hinge is broken - Recently spoke to the landlord himself regarding this, who agreed and assured me he would replace the hinge and not to worry, now letting agents are claiming the landlord said no such thing, this despite me having a witness to the converstaion. The hinge broke due to the screws in the door shearing off, from advice given by CAB this could be classed as fair wear and tear.
4) some rubbish was left in alley behind house (not part of house or tenancy), which although I removed it today as I had already said I would, the letting agent claim a complaint was received about it. Now, as there is only other house that could have been affected by the rubbish (the alley runs along the back of their garden). Having spoken to the occupants of that house, they assured me they had made no such complaint, which I personally believe to be true.

Are any of these fair deductions?
Should I be given the opportunity to put right any of these problems?
Should I have been given the chance to be present when the house was inspected?

The deposit amount was £1000, and the letting agent is a fairly large regional company.

Before I forget, the house is not being re-let, instead it is on the market to be sold.

Any help will be much appreciated,

Thanks.

[MrShed]

- They have no obligation to let you be present - read some of my recent posts to see why.
- The only fair deductions may be the grass and the cleaning. Impossible to say if these are fair without seeing the condition of the property.
- No, you have no entitlement to put right these problems, nor should the landlord give you that opportunity - it can lead to all sorts of problems.

Did you sign an inventory upon entering the property?

[kregrs]

Yes, did sign an inventory at the beginning. If I was to access the back garden and cut the grass myself, would this be likely to cause any problems?

[kregrs]

Regarding the cleaning, this is something they do to all their properties at the end of tenancy as a matter of course, regardless if it needs doing or not. The only part of cleaning we didn't do was touch the mould growing in the corners on the walls, and the exterior glass.

[MrShed]

Was the mould present when you moved in? Was it marked on the inventory if so? And yes for gods sake do NOT trespass on the back garden!! Was the exterior glass cleaned during the tenancy?

[kregrs]

No, mould not marked on inventory, but mildew damaged was mentioned on windowsills etc.

[MrShed]

What about exterior glass? The mould you are probably responsible for. As I say, unfortunately it is difficult to give a judgement on whether the deductions are reasonable or not without seeing the property. What I can say is that your points 3 and 4 are definitely not fair. 3 as it seems to be fair wear and tear, and 4 as they have incurred no financial loss - whether they had a complaint or not is immaterial.

[kregrs]

Right, after speaking to the letting agents, have agreed that £30 for cutting the grass and replacing the screw in the cupboard door is reasonable. I'm still waiting for the deposit to be returned though, was told last week that the landlord wished to view the property before he released the deposit, this week I was told that the landlord was out of the country until next Wednesday!

I had a quick read through the tenancy, and have a quick query. It states in the tenancy that no deductions shall be made from the deposit until I have been informed in writing. I'm still waiting for this letter but the work has already been done, so would I be right in thinking that the deductions have, in theory, already been made?

[Esio Trot]

Originally Posted by kregrs

I had a quick read through the tenancy, and have a quick query. It states in the tenancy that no deductions shall be made from the deposit until I have been informed in writing. I'm still waiting for this letter but the work has already been done, so would I be right in thinking that the deductions have, in theory, already been made?

A deduction has not been made until you get a letter saying, "Here is what is left of your deposit. £xxx has been deducted for yyy and zzz"

I know of a case where the agent still holds the deposit of a tenancy that ended in 2003. They hold it as stakeholder and the landlord and tenant totally disagree on deduction: Landlord claims all the deposit, tenant says the landlord is entitled to nothing. The agent thus just sits on the deposit, and will do so until both parties reach agreement or a judge gives directions on a court order.

[kregrs]

So when I do get thos letter, am I entitled to see proof that the work has cost that much?

[Esio Trot]

Originally Posted by kregrs

So when I do get thos letter, am I entitled to see proof that the work has cost that much?

On the assumption that the deposit has been held by the agent as Stakeholder, then deductions have to be accounted for.

If the deposit is held as Landlords Agent, then it is a different kettle of fish altogether.

[kregrs]

Heard from letting agents today, am being charged for -

Cleaning the house,
Cutting the grass,
Replacing a screw in a cupboard door hinge,
and a visit to the property.

They are charging me/deducting £279 for this, which bearing in mind they told me cutting the grass and the replacing the screw is £30, leaves £249 for a visit and cleaning. The house is a 2 bed starter home, 2 bed and bathroom upstairs and lounge, kitchen and hall downstairs, seems a lot for those 2 items.

[MrShed]

They are charging you for a visit to the property? :S

[kregrs]

Yes, they are charging me for a visit to the property, they even said they were doing me a favour and only charging for one visit even though they claim to have been 3 times.

[demon_x_slash]

But how can they possibly charge you for 'a visit'? A visit for what?!

[kregrs]

Should they not be charging for this visit?

[kregrs]

A visit to check that the work they required doing had been done, I guess.

[MrShed]

IMO there is no way they should be charging for a visit - its an absolutely ridiculous.