Truckers Deposit Being Withheld

[Trucker]

Hi All

Im new in this forum (usually lurking in the Barclays Bank Forum) but think i have got my head around this one.

I took a tenanancy in 2004 paying a deposit of £350. The tenancy finished 2nd October 2007. It was initially a 6 months tenancy but rolled month by month by default after this period.

I have today recieved notification from my LL that the following deductions were being made from the deposit.

1. Cleaner @ £8 ph = £144
2. Gardener @£8 ph = £144
3. Replacement Rug And Bathroom flooring = £55
4. Replacement Shed Padlock = £7

TOTAL £350

OK. I realise that by default the LL would send in a cleaner and £144 doesn't seem too excessive looking at what others are saying. But the gardening fee. Im not sure that i am responsible for that. Also i thought that a level of depriciation would be applied to the Rug. Any thought please would be greatly appriciated.

Trucker

[Trucker]

Ok

No replies to original post.

Since then, the LL has emailed me detailing all work carried out, but not by professionals. The cleaners were a couple of kids that she paid cash and she did the garden herself. Can she put a value on work carried out by herself?

[Nightmare4banks]

Trucker,in reply to your last post:

Yes,she can.

However,there is a ceiling amount.I think it is at a rate of 9.25 pounds per hour but I am not 100% sure.

In my view the landlady's deductions are excessive.

Please read through other posts regarding this topic as it has been brought up more than once on this forum.

In brief,SUE HER!

If you need any help,just ask.

[blitz]

a) She paid £144 to children??
b) The total damage came to exactly £350?

How bad was the house (cleaning wise) when you left, did you have a inventory. Was the damage to the floor beyond reasonable fair wear and tear?

[Ed999]

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

[Trucker]

Thanks All

Edd999 - my tenancy started in 2004 so i am not covered by the deposit scheme.

Mightmare4banks - she has been inconsistent in her charging. She tells me in a later email that she has charged me 8 hrs. Now if my maths are correct 8 hours @£8 p/h = £64. She has also back tracked on the replacement rug saying that she has not charged me the full replacement cost.

Blitz - Initially she thought house was ok until she went into kitchen. Thats when she decided to get cleaners in. In my opinion the house was spotless. I have challenged her to provide reciepts etc but so far to no avail.

I have made an offer to her, without prejudice requesting £200 back from the original deposit of £450, on the basis that i will be challenging all deductions if i am forced to go to court. At the moment i dont think she realises that i will also be claiming court costs and s.69 interest.

On the point of s.69 interest do i claim it from the day deposit was paid or the date it was due to be refunded?

[Joa]

Originally Posted by Trucker

Edd999 - my tenancy started in 2004 so i am not covered by the deposit scheme.

The thread recommended by Ed does not apply only to tenancies covered by TDS. It gives you the general idea of the rules behind the deposit deductions (have to be reasonable and justified), it explains what are l/lord's obligations with regards to spending your money and what you could do if you do not agree with the deductions. For example, the LL cannot demand that you replace the rug or pay for a new flooring. You should only be asked for a replacement value minus fair wear and tear. Interesting article about fair wear & tear can be found here: Fair Wear and Tear?
and here:
Dealing with disputes, damages and deposits

Our forum is also bursting with threads about deposits, as you probably have realised, so I would encourage you to read up and more then likely you'll find some info of use.

And finally; £8 ph is a reasonable rate but was it necessary to spend this money? Was it done by the LL for you? Was the garden neat and clean and landscaped etc at the commencement of the tenancy? Or are you being asked to better the property?