Deducting off bond for cleaning bathroom

[beverleyt]

I have just received a cheque after moving out of my flat 3 weeks ago. They have deducted £50 for cleaning the bathroom. The bathroom was in a poor state when I moved in and also said this on the inventory, the paint wasnt bathroom paint so it peeled off when I used the shower and because it had no window and the fan didnt always work it got mildew and mould which even after scrubbing with specialist cleaners would not come off. I am fuming that they are charging me for something that I had no control over. I have rung them and they are saying they are not charging me for a burn in the carpet which I did with an iron but can they just take money out of the bond without warning you first? I thought they had to tell you beforehand as it is your money. They have also taken £22 out for arrears which I presume is because I left a wardrobe and bed in for 5 days after moving whilst I was selling them but not sure where they get that figure from.

[MrShed]

Did you sign an inventory upon entering the property? When did you move in?

[bazak1]

as we have said many times on here, it pays ( with hindsight) to ensure you complete an inventory and get PHOTOGRAPHIC and /or VIDEO footage showing as much of the property as possible, and also ensuring that the date stamps on them confirm that they were done on or before you moved in.
If your landlord has kept cash from your deposit for cleaning etc, then they must provide you with a breakdown of what that cost is, to make sure that you have compensated them for the actual fault and NOTHING MORE.
have you requested information regarding the £22. again, they can only claim to cover their actual loss.

[beverleyt]

I moved in May 2006 and I was given an inventory which stated the bathroom was poor but I never signed it and sent them it back. I have a feeling the £22 is because I didnt hand the keys over until the day after I moved as someone was meant to be coming to pick up some furniture I was selling so they are charging me an extra day's rent. The manager is meant to be ringing me today regarding the bathroom.

[demon_x_slash]

If you have stayed past the end of the contract, then I'm afraid they're entitled to charge you rent for that period of time.

As for the cleaning charge, did you receive a breakdown? If the landlord did it themselves, they can charge you materials plus £9.25 an hour - if a cleaning company, then you require an invoice before you are satisfied. To be honest, £50 isn't really a large charge when it comes to cleaning/reparation, but if the bathroom was in a bad state beforehand, then the charge could amount to betterment - however, you would need to go down the Small Claims route (or at least threaten to) to get back anything that you feel is unjustified. Have a read of the stickies on the top of the forum for more details on how to do this.

[beverleyt]

I didnt stay in past my tenancy but as I didnt hand in the keys until the lunchtime the day after I moved it will look like I did stay in.

The thing that bothers me with the bathroom is that it was on the inventory as being poor in the first place, the paint peeled off when the water off the shower went on it and it is only a tiny bathroom. They have left me a message to say the contract cleaners are going in to view it but as yet they havent given me a breakdown so the £50 is obviously a guess.

[beverleyt]

I sent them a letter requesting they send me a breakdown of the charges and they have left me a message saying they have cancelled the cheque they originally sent me and are getting someone to look at the flat (which was meant to be last week!) as they are saying they may have to charge me for an iron burn in the carpet and some marks on the wall. So basically because I have complained they are talking about charging me more! I admit I burned the carpet with an iron but it isnt right through the carpet or brown but can they charge me for a new carpet? Arent the marks on the wall classed as wear and tear as the walls were magnolia and I was there for 18 months?

[Esio Trot]

Originally Posted by beverleyt

I didnt stay in past my tenancy but as I didnt hand in the keys until the lunchtime the day after I moved it will look like I did stay in.

So what date did the tenancy end according to your contract, and when did you hand the keys back?

What date were the wardrobe and bed removed after you sold them?

If they were removed after you handed the keys back, how was access obtained?

[beverleyt]

I handed the keys back the day after I moved as someone was meant to be picking up my wardrobe the day I moved but they never did. My mum still had a set of keys so I used them a couple of days later to pick up the wardrobe and bed. I know I should have told the agent so they could have gone with me but the people came to pick them up early morning and evening when the office would have been shut plus I was having so much trouble selling them I just wanted them out of the way.

[beverleyt]

I h

[Esio Trot]

I think it is a bit of a cheek to ask for advice on an open forum, where members voluntarily give of their time to reply, then to find that you have been short on detail.

You handed the key back in the next period of your tenancy, so under the Protection from Eviction Act you are liable for at least 4 weeks rent to be deducted.

You also (by arrangement with a relation) trespassed on the property after parting with possession.

If sounds as if the agent is well rid of you. If you were a tenant of mine, I would be after you for maximum rent and for the most the law allows in dilapidations, less wear and tear.

By rights you should expect to get back nothing of your deposit.

[Planner]

Ignoring the fact that you have been a little economical with the truth, they have left them selves in an unfortunate position by cancelling the cheque. You are now guaranteed at least the amount that the cheque was issued for should you take it to court. Further its no longer a matter of the "condition of the property etc" as any court case would be brought forward on the fact that they have issued and then cancelled a cheque.

If you are happy with the original cheque amount (which in light of your above story, iwould be!) , I would write to them and say unless you recieve £XX (value of cheque) within 7 days you will sue for the value of the cancelled cheque. After seven days do a letter before action and include the N1 claim form given a further 7 days. If still no luck sue for the value of the cancelled cheque.

[beverleyt]

Ok first of all I havent been short on detail, I said I handed the keys back the day after I moved in which is why I believe they have charged me £22. I told the estate agent I was doing this as someone was meant to be picking my wardrobe up. Secondly I told the estate agent I still had a wardrobe and bed in the flat that I was having trouble selling and because I was moving into a furnished house could not take them with me. They told me to tell them when I was picking them up so they could go with me but as the people who were buying them off me couldnt come until out of office times I couldnt and because I have been messed about/had trouble selling them I wanted it over and done with. It wasnt a conspired break in with my mum it was just the only way I could finally get the items out of the flat. Was I meant to leave them in there?! I was in and out in 2 minutes, I hardly invited squatters in. As for being a bad tenant and the landlord to be "well rid of me" that is absolute crap as the landlord has never had any trouble with me and I kept that flat in as good a condition as I could. It was more like me having trouble with the flat on more than one occasion. So while in black and white it may look like something you can slag me off for it wasnt actually like that so get off your high horse as what gives you the right to attack someone so personally?

Thank you to everyone else for the advice they have given me. It has been appreciated.

Originally Posted by Esio Trot

I think it is a bit of a cheek to ask for advice on an open forum, where members voluntarily give of their time to reply, then to find that you have been short on detail.

You handed the key back in the next period of your tenancy, so under the Protection from Eviction Act you are liable for at least 4 weeks rent to be deducted.

You also (by arrangement with a relation) trespassed on the property after parting with possession.

If sounds as if the agent is well rid of you. If you were a tenant of mine, I would be after you for maximum rent and for the most the law allows in dilapidations, less wear and tear.

By rights you should expect to get back nothing of your deposit.

[Ed999]

Read this thread about how to sue the landlord:

http://www.consumeractiongroup.co.uk...eductions.html



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.

[demon_x_slash]

Beverley, you've been given advice that suits your situation - the facts remain that you didn't give back a set of keys until after your tenancy ended, and you re-entered the property without the landlord's/agent's permission. You are rather lucky not to be charged a full rental period for not returning the keys promptly, and with trespass for entering the property. By all means, if you think that the charges for cleaning etc. are too hefty, then follow the Small Claims process to get it back; however, I still think that £50 is fairly reasonable.