advice needed - deposit deductions

[Mallard_2]

Hello,

Can anyone advise me in the following situation:

I moved out of residential property at the beginning of November. It was rented through a letting agent. When I contacted the agent three weeks ago I was assured that everything was in order and I was to receive my full deposit in a few days' time.

Today, letting agent told me about 2 deductions:
1. BT charge for reconnection of phone line (agent claimed that I switched to another provider)

2. charge for broken plastic latch on freezer compartment door.

£180 in total.

Here is what actually happened:
1. when I moved into the property that was previously occupied by the landlady, the phoneline was dead. I searched phonebook for landlady's telephone number and reconnected it. Actually, I got a few phone calls from people trying to reach her just after reconnection. Throughout the whole year (my tenancy ended after 12 months) I stayed with BT and never switched. When I moved out, I disconnected phone service so that I did not pay anymore for it. It seems that BT required £120 from the landlady (who moved back in) for reconnection. She has just accepted that fee thinking I was to pay it anyway. Can she claim that money off me ?
I had a written assured tenancy agreement with the letting agent, stating:
"The Tenant agrees with the Landlord (...) not to do anything that may cause disconnection of these services, and to pay reconnection fees in this event." Nevertheless, was I supposed to keep the phone line alive after I moved out ???

2. inventory included a 3-year-old fridge-freezer. The door to freezer compartment is usually being used every day (as anyone can confirm). One day, the plastic latch broke. The agent claims that I have to cover the replacement cost (£60 !!! Actually, these latches retail for £7). In my opinion, this was a fair wear and tear - a 3-year-old freezer, used literally every day and the latch broke during normal operation. Is it a fair wear and tear or not ?

What should I do ? Shall I write to the letting agent or to the landlady ?

Thank you in advance!

[MrShed]

When did you move in?

[Mallard_2]

I moved in on 4/11/06 for 6 months tenancy. On 4/5/07 my tenancy was renewed for another 6 months. I moved out on 3/11/07

[MrShed]

OK then:

- I would like clarification from some of the others on the BT line, but I would suspect that you are obliged to pay this charge. You probably should have informed them that you were leaving, asked to change the billing details to the landlords, but left the line connected. Was the line disconnected when you moved in? How did it transfer into your name at that point?
- It is really difficult to say about the freezer without seeing it. I can say that that part should not snap after three years, daily use or not, without a fair force being applied. I am not saying this was the case here, merely that I can understand it not being held as fair wear and tear by the agent, as it is not an item I would expect would require replacement due to wear and tear.

[Mallard_2]

It does not sound like good news for me, but thank you for your reply anyway.

When I moved in, the line was disconnected and BT customer service required reconnection fee from me, saying that they had never provided any service at that address. (The building is fairly new and all companies, including gas and electricity, have problems locating it in their databases.) So, I hang up and searched for my landlady's surname in a phonebook and I came up with her number. I called BT again, told them they were wrong about the landline and, this time, they reconnected me without any charge.
When I left, I just asked them to stop providing their service on 3/11/07. As far as I know, BT does not charge for reconnection unless there is a change of service provider. It is a kind of punishment for leaving BT for other company. If the landlady was persistent enough, I believe she would not have to pay anything, but she took it lightly thinking that I had to cover it anyway. In my opinion, BT had no right to charge her, but I cannot help it.

[MrShed]

Hmmm I kinda see your point there. As I say, I would await confirmation from others. However, this could come under the realm of the landlord having to mitigate their losses, which they clearly havent...

Might be worth contacting BT and asking, on a general note, what the charges are for reactivation of a line...and recording the conversation.

[MATTYFEZ]

If the line has been with BT, it should be free, have you seen the engineers invoice?

I moved into a property with a dead phone line, and I simply called BT from my mobile asking for the line to be turned on.
A engineer turned up and did somthing and that was the last I heard of it, no charges.

A friend of mine recently had to pay a connection fee, of about £120 funnily enough, but that was in a brand new flat that had never had a phone before.

I think it sounds a bit funny, should definatley look into it.

[Mallard_2]

Hello again,

well, I have fought a little with the letting agent and I was able to recover £120 (BT reconnection fee) as everyone (me, landlady and agency) agreed this was unfair.

£60 remains. I agree now that plastic handle to the freezer compartment door is a breakage and I should pay for it, but the cost is £8.35 - I found a supplier of those handles. The agency charged me £60, because they decided to replace whole freezer compartment door. My understanding is that this constitutes a betterment as the door was intact, only the handle was broken and I cannot be charged full cost of the door.

Also, it emerged that the property agency "forgot" to register my deposit with a deposit scheme. That is why they felt they could make any deductions without notifying me first. I have paid my deposit on 4/11/06 with the first 6-months tenancy agreement, but my assured shorthold tenancy agreement was renewed on 14/04/07. As such, I think that my deposit should be protected. Now, I could sue and, probably, I would receive 3 times the total value of my deposit, but I am unsure about who will pay this - the agency or the landlady. The landlady was abroad for the past year, so she had no idea about what was going on here and she is a very nice lady - I wouldn't want her to be charged.

[Ed999]

Firstly, read this thread: http://www.consumeractiongroup.co.uk...eductions.html

Secondly, your deposit will ONLY be protected if the landlord issued you with a new tenancy agreement after 6 April 2007, not if the earlier tenancy simply continued by default.



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.

[Mallard_2]

thanks Ed999

As I said, my tenancy agreement was renewed on 14/04/07, i.e. I have a new assured shorthold tenancy agreement signed on that date. My deposit should be protected.

Now, according to information on shelter.org.uk:
"...If your landlord or agent hasn't protected your deposit and provided the required information within 14 days, then you can apply to the county court for an order that the landlord or agent should pay the deposit back to you, or protect it in one of the tenancy deposit protection schemes. The court will also order the landlord or agent to pay you compensation equivalent to three times the value of the deposit you paid. The landlord or agent must do all of these things within 14 days of the court order..."

It all says "landlord or agent" - can I sue agent as the landlady was abroad for the whole year and was unaware of what was going on at all ???

[demon_x_slash]

Ultimately, the repayment will be the responsibility of the landlord. Whether she decides to reclaim the money in her own court process from the 'negligent' agents will be up to her. If she paid the agents to carry out all processes for her, then she would have a claim against them. Where you are concerned, however, it was her responsibility to ensure that your deposit was protected upon renewal.