Deposit: Cleaning deduction and lost BACS transfer

[ijm1803]

DEDUCTIONS FOR CLEANING STUDIO FLAT: £176.25!

Before vacating the property I spent two full days cleaning. In my view, the property was left in accordance with the relevant clause in the tenancy agreement: "...in the same clean state and condition as it was in the beginning of the tenancy...".

Today I receive promised invoice for the cleaning. Except its an invoice from a "Building Contractor and Heating Specialist" that lists a number of items of renovation, including "carry out redecoration, fit new toilet, fit new lampshades, replace all floor coverings". And one line that says "carry out deep clean of kitchen and bathroom". The invoice also has only a total figure for all the work - £4,230.

I firmly believe I'm being taken for a ride here - I would appreciate any comments either way before I start the process of making a claim against the deduction for cleaning!

[Ed999]

Read this thread: http://www.consumeractiongroup.co.uk...eductions.html


As to the refund of the undisputed amount of the deposit, they have clearly paid it back. The fact that it has been absorbed by your overdraft is not their fault. You've received it, and the landlord has no liability to pay it to you twice.


Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[ijm1803]

Thanx... I read the "unfair deposits" link before posting, which is an excellent guide on what to do. I was really trying to seek member opinion on whether the specific circumstances of my case, on the basis of others own experience, did indeed warrant legal action.

As for the BACS, I guess I'm asking: does the agent have the ability to recall the funds and pay it into the right account (probably a question for the banking forum), and if so, do they not have a moral obligation to correct their mistake? I wouldn't expect them to pay the deposit twice, but they have been so uncooperative in helping me resolve the matter its caused a lot of stress.

[MrShed]

For the BACS I fully agree with Ed, they have paid it into your bank account, they have no obligation(or indeed, ability), morally or legally, to correct this.

[Ed999]

Originally Posted by ijm1803

I was really trying to seek member opinion on whether the specific circumstances of my case, on the basis of others own experience, did indeed warrant legal action.

That's entirely a matter for your own judgment. See a solicitor for advice, then decide.

In a small claim case - usually any claim for under £5,000 - if you lose the case you won't normally be ordered to pay any of your opponent's solicitors fees. So if you sue without a solicitor all you are risking is the court fee to start the case, your own time, and wear-and-tear on your nerves.

From reading your original posting, I would add though that you seem to have an unfortunate tendency to cloud the issue with too much information. A court case stands a better chance if you can take one sentence to say "the landlord didn't return my deposit", instead of six paragraphs. Sorry!



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[pardalis]

I am usually just a lurker on this site. I like to keep aware of consumer action but have not yet felt I have any advice to offer in the way of my own experience.

With regards to the op here I think they had some fair consumer questions and I can't believe you have all made them feel like they had nothing to complain about. You didn't make an effort to answer their questions about the invoice. I'm sure if you had received an invoice from a building contractor and heating specialist for cleaning you'd feel aggrieved. Especially if it wasn't a detailed invoice. You'd suspect that it had been added on as a favour by the contractor to a company that gives you regular business.

Yes, the original post was detailed and I'm sure if it came to legal proceedings details offered would not be the same. But come on. Forums are where we come to get things off our chest and to share situations with people who are in the same position - you of all people should know this. And if you give advice for free don't talk to people as if they've done wrong by asking for help. Ever heard of tact? Or understanding? You wouldn't talk to someone in person like it. Don't hide behind your computer and use the fact that you're anonymous a reason to be nasty.

There is a person and a situation behind all of these posts.
Ever thought of it like that?

And getting screwed by the fact you're on a legacy deposit scheme (I'm assuming this is the case because the new rules do not let this happen) is a situation that must be frustrating because you know that letting agents are squeezing as much money out of those that they can. A lot of revenue must be disappearing because they can't do this any more.

Internet forms are notoriously cliquey - don't let one as important as this be like that. Yes, you may cheer when you see your post count is higher than someone else's - don't be so sad. Everyone's contribution is equally important.

So get off your high horses, stop believing that everyone that comes on here that does not conform to your idea of asking for help deserves to be flamed. Either answer constructively and with compassion or keep quiet.

[GlasweJen]

ijm, before starting litigation write to your landlord and request that he provides you with a detailed breakdown of the actual costs that are being deducted from your deposit. If the reciept you have has a phone number or an address on it call or write and ask if they have a cleaning service and if so how much it would cost to clean a reasonably clean studio flat the size yours was. If they don't offer this service contact the landlord and ask for the reciept. If they do offer it and they quote less than the amount deducted contact the landlord and ask why it cost so much.

Although there's not much to lose in going down the legal route judges prefer when litigants try to reach a solution before dashing off to courts.

[MrShed]

Originally Posted by pardalis

I am usually just a lurker on this site. I like to keep aware of consumer action but have not yet felt I have any advice to offer in the way of my own experience.

With regards to the op here I think they had some fair consumer questions and I can't believe you have all made them feel like they had nothing to complain about. You didn't make an effort to answer their questions about the invoice. I'm sure if you had received an invoice from a building contractor and heating specialist for cleaning you'd feel aggrieved. Especially if it wasn't a detailed invoice. You'd suspect that it had been added on as a favour by the contractor to a company that gives you regular business.

Yes, the original post was detailed and I'm sure if it came to legal proceedings details offered would not be the same. But come on. Forums are where we come to get things off our chest and to share situations with people who are in the same position - you of all people should know this. And if you give advice for free don't talk to people as if they've done wrong by asking for help. Ever heard of tact? Or understanding? You wouldn't talk to someone in person like it. Don't hide behind your computer and use the fact that you're anonymous a reason to be nasty.

There is a person and a situation behind all of these posts.
Ever thought of it like that?

And getting screwed by the fact you're on a legacy deposit scheme (I'm assuming this is the case because the new rules do not let this happen) is a situation that must be frustrating because you know that letting agents are squeezing as much money out of those that they can. A lot of revenue must be disappearing because they can't do this any more.

Internet forms are notoriously cliquey - don't let one as important as this be like that. Yes, you may cheer when you see your post count is higher than someone else's - don't be so sad. Everyone's contribution is equally important.

So get off your high horses, stop believing that everyone that comes on here that does not conform to your idea of asking for help deserves to be flamed. Either answer constructively and with compassion or keep quiet.

Oh grow up. We answered the question more than adequately, and not having a dig either. If the answer is not what the OP wanted to hear then fair enough - but we are not here to tell everyone what they want to hear. Somewhat cheeky as a first post as well, as I havent seen your constructive responses.

[Joa]

pardalis; we have prepared special threads (stickies) to deal with most common complaints, simply because it would be crazy to keep reinventing the wheel, repeat yourself and re-write the issue each time.
Ed's advise about being too verbose is a very valuable and correct one, for many reasons: readers' and judges' attention span being the most important one. The very last thing OP would want to achieve is to bore and confuse and frustrate people.
Besides, I really don't understand this:

don't talk to people as if they've done wrong by asking for help.

What is that all about?

Don't tempt me, pardalis

[Ed999]

I did at least apologise to the o/p for having to give him bad news!

And it was pretty mild bad news at that. What I wanted to say was much worse!

I wanted to say that he needs to be very careful. Although he didn't give us the most important fact that he should have given us - namely the amount of the rent deposit which he originally paid - the landlord seems to be building up a case for making a counterclaim against him for £4,230.

If he sues for the return of a small deposit (e.g. £500) he does so at the risk of the landlord making a counterclaim against him for £4,230. That really would be unfortunate!

He doesn't say, either, whether there was an initial inventory: a most important point!

I feel like saying - read this thread: http://www.consumeractiongroup.co.uk...w-posters.html

So I'm going to! So there!!!



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.