Unfair deposit deductions

[wanderingsoul]

Hello all, I hope you can help.
I began a tenancy through a real estate agency for a semi furnished studio apt on Feb 1st 2007. All rent was paid on time every month. The tenancy ran smoothly, and started with a 6 month contract, and when that was up I moved to a month to month basis.
I moved out on 2nd Jan, and after 2 weeks recieved my bond, at least in part. I paid 500, agreed as per the contract to the 47GBP 'check out fee', and thought that would be that. I did not think I would have any issues due to the fact that the agency allowed contractors into my flat on 4 occasions without giving me the proper 24 hours notice. I complained at the time, they apologised, I told them they breached contract, but left it at that.
Now, they have deducted the following:
* Clean heavily scaled toilet - 28GBP
* Clean cooker - 60GBP
* Wipe out fridge, defrost freezer and re-attach flap - 35GBP
Total deductions = 123 GBP
Is it me or does that seem unfair? I have photos of basically everything when I moved in, except fridge/freezer, with timestamps to prove the dates. I understand the contract says that I must leave the apartment in the condition I found it in, less the normal wear and tear. Believe me, I have proof that the flat was not clean at all - this was cleaned by me upon arrival at my own expense and time.
As a side note, the agency was informed that the freezer was not working well, and I could not unplug and defrost due to the plug being behind the oven, which I couldn't move. The fridge was wiped out properly. The oven was left in a dirty state, but no dirtier than when I moved in.
I have written to the agency on 3 occasions stating my argument, and they are not budging. They have now said that although we started the tenancy before the April date for tenancy scheme, they may help us to resolve the dispute.
I would be willing to perhaps go halves with the agent, but if they are going to be like this, I could also claim that as they breached their own contract on several occasions, the contract is void, and therefore they cannot legally take my money. Is that right? Which avenue do I persue here?
Thank you for your time.

[JeffW]

Have you thought of taking them to the small claims court? I don't have any legal expertise, but it sounds like you have a good case, and the agency will probably settle out of court to avoid the possible expense of going to court, and the risk of damaging their credit score.

Jeff

Originally Posted by wanderingsoul

Hello all, I hope you can help.
I began a tenancy through a real estate agency for a semi furnished studio apt on Feb 1st 2007. All rent was paid on time every month. The tenancy ran smoothly, and started with a 6 month contract, and when that was up I moved to a month to month basis.
I moved out on 2nd Jan, and after 2 weeks recieved my bond, at least in part. I paid 500, agreed as per the contract to the 47GBP 'check out fee', and thought that would be that. I did not think I would have any issues due to the fact that the agency allowed contractors into my flat on 4 occasions without giving me the proper 24 hours notice. I complained at the time, they apologised, I told them they breached contract, but left it at that.
Now, they have deducted the following:
* Clean heavily scaled toilet - 28GBP
* Clean cooker - 60GBP
* Wipe out fridge, defrost freezer and re-attach flap - 35GBP
Total deductions = 123 GBP
Is it me or does that seem unfair? I have photos of basically everything when I moved in, except fridge/freezer, with timestamps to prove the dates. I understand the contract says that I must leave the apartment in the condition I found it in, less the normal wear and tear. Believe me, I have proof that the flat was not clean at all - this was cleaned by me upon arrival at my own expense and time.
As a side note, the agency was informed that the freezer was not working well, and I could not unplug and defrost due to the plug being behind the oven, which I couldn't move. The fridge was wiped out properly. The oven was left in a dirty state, but no dirtier than when I moved in.
I have written to the agency on 3 occasions stating my argument, and they are not budging. They have now said that although we started the tenancy before the April date for tenancy scheme, they may help us to resolve the dispute.
I would be willing to perhaps go halves with the agent, but if they are going to be like this, I could also claim that as they breached their own contract on several occasions, the contract is void, and therefore they cannot legally take my money. Is that right? Which avenue do I persue here?
Thank you for your time.

[Joa]

wanderingsoul; the templates, info and advice are in the stickies on top of the forum. The road map is there, but do you really want to follow it? This is one of the cases where although there may be a substantial chance of success- is the hassle worth £123? It may give you stress, harassment; you will need to put some proper effort in putting it all together...
I know that £123 isn't peanuts, but my advice to you on this one is walk away, ain't worth the hassle. Not only because the amount is low, but also because the amount you were charged seems not grossly unreasonable for the work carried out and now you are getting in a whole argument whether this work was necessary. And this argument can go round and round till the cows come home.

[wanderingsoul]

Thanks for the reply guys.
I would be willing to cover some cost, and I know it is hardly worth it to chase this down, but I do need the entire deposit back for a new deposit.

Based on the condition of the property at the start of tenancy, I do not agree with the amounts charged. 60 quid to clean an oven? How long does that really take? 10 minutes? I have never met a cleaner earning this much money before! More than a lawyer! I had to clean it when I arrived. perhaps I should charge THEM 60 quid.

35 quid to defrost a freezer and re-attach a flap? After I had informed the agent I could not access the plug to defrost it and they said 'don't worry about it' ?? What does that take? Unplug freezer - 5 mins. Allow to defrost (no effort). Re-attach flap - 6 seconds.

I should send them a bill for my efforts of cleaning the filthy apartment when I first got there. Of course I ticked the box on the form saying that it was in a general good condition. If you don't , then you don't have a deal, and therefore you are on the street despite already paying over a thousand pounds.

My family has been in Real Estate (not in UK) for over 35 years. I know they go into this trying to keep as much of the deposit as possible. I'm standing up to all companies that try to rip me off ANY amount. So, yes, 123 quid is worth it to me.

I am sending a letter before action directly to the owner, thought the agent is trying to make me go through arbitration by the Tenancy Deposit Scheme, despite the fact the tenancy started before their powers came into affect.

It seems to me I am better off going for the letter before action, as legally I can get them on breach of contract for their past sins. If I go down their route of arbitration, they probably have more chance of defending themselves even though I do not agree. What do you think???

[JeffW]

Hi.

If a small business gets a CCJ, it will harm their chances of getting credit. I therefore think a strongly worded letter threatening to take them to court, followed if necessary by the issuance of a claim, will do the trick. Even if their lawyer thinks they can win, you can never be sure what the judge will decide, so they'll probably err on the side of caution.

I would ask not only for you want from them, but also reimbursement for the time you have spent researching the law, writing to them, etc, and for the stress and inconvenience this matter has caused you. In negotiation, it's always best to start with high demands in my opinion. They might think they have gotten off lightly if you accept with feigned reluctance what you wanted in the first place!

Good luck

Jeff

Originally Posted by wanderingsoul

Hello all, I hope you can help.
I began a tenancy through a real estate agency for a semi furnished studio apt on Feb 1st 2007. All rent was paid on time every month. The tenancy ran smoothly, and started with a 6 month contract, and when that was up I moved to a month to month basis.
I moved out on 2nd Jan, and after 2 weeks recieved my bond, at least in part. I paid 500, agreed as per the contract to the 47GBP 'check out fee', and thought that would be that. I did not think I would have any issues due to the fact that the agency allowed contractors into my flat on 4 occasions without giving me the proper 24 hours notice. I complained at the time, they apologised, I told them they breached contract, but left it at that.
Now, they have deducted the following:
* Clean heavily scaled toilet - 28GBP
* Clean cooker - 60GBP
* Wipe out fridge, defrost freezer and re-attach flap - 35GBP
Total deductions = 123 GBP
Is it me or does that seem unfair? I have photos of basically everything when I moved in, except fridge/freezer, with timestamps to prove the dates. I understand the contract says that I must leave the apartment in the condition I found it in, less the normal wear and tear. Believe me, I have proof that the flat was not clean at all - this was cleaned by me upon arrival at my own expense and time.
As a side note, the agency was informed that the freezer was not working well, and I could not unplug and defrost due to the plug being behind the oven, which I couldn't move. The fridge was wiped out properly. The oven was left in a dirty state, but no dirtier than when I moved in.
I have written to the agency on 3 occasions stating my argument, and they are not budging. They have now said that although we started the tenancy before the April date for tenancy scheme, they may help us to resolve the dispute.
I would be willing to perhaps go halves with the agent, but if they are going to be like this, I could also claim that as they breached their own contract on several occasions, the contract is void, and therefore they cannot legally take my money. Is that right? Which avenue do I persue here?
Thank you for your time.