Deposit withheld for "professional cleaning" charges

[jupp]

Hi,

I am currently in a dispute with my former landlord who withheld a £200 of my deposit for alleged "professional cleaning" charges.

A couple of days after the check out with the letting agent I received a letter from the agency that gave some recommendations to landlord and tenant about how to cope with a list of problems that were allegedly observed during the check-out. But these "recommendations" - like "steam cleaning of the carpets: T" for on tenants expense, "chipped kitchen working surface: L/N" for landlord/tenant shared expense - came as a total surprise to me since the original check-out report, which was signed by me when I left the flat, did not state any of the issues that I was suddenly held responsible for. Actually, the original and signed check-out report does not state any substantial problems at all. Because the state I left the property was even better than at the commencement of my tenancy I simply wouldn't have signed anything that might have implied any responsibility for cleaning charges. I have already tried to negotiate a compromise with the landlord but this ended without success. The landlord actually added more and more demands which he threatened to let me pay for in case I won't comply with the current settlement.


I collected all "mid term inspections" that were performed every three months by the letting agency that show that my flat was "clean", "tidy", "well maintained" etc. throughout my 4.5 year tenancy. I also have a statement from a colleague who accompanied me during the check out and verifies my observation that my flat was clean and tidy when I left.

Additional documentation encompass the "inventory list" when I moved in (stating the condition of the furniture and carpet as "good", "satisfactory" or "as new" but not stating any state of cleanliness) and the check out report which, in summary, only states that the carpet was not "professionally cleaned" - the letting agent had to ask me whether I had steam-cleaned the carpet. I denied and said that I hovered it twice - which led the agent to make his cross at "no" in the line for "carpet professionally cleaned? - yes/no".

The landlord argues that I have signed the tenancy agreement that states:
"The property has been professionally cleaned prior to the commencement of the Tenancy, at the expense of the Landlord and will be professionally cleaned at the termination of this Tenancy, at the expense of the Tenants" which, following my personal investigations, is ruled by the Office of Fair Trading an "unfair term".

My doubts, that any of the work I was paying for were actually performed, grew, when my demands to present a bill from the contractor who allegedly performed the work were continuously denied - which, as I have read in another thread , seems to be within the law. Am I actually entitled to see a proper invoice from the contractor he claims to have ordered to do the work or can he get away with this and my £200? I asked for the invoice twice. Then, after the landlord replied that the costs were solely based on a breakdown from the contractor, I asked for a copy of the breakdown or anything else that might substantiate his claim and gave him a final 7 days before I would consider small claims court action. He denied to show me anything and in retaliation threatened to charge me about "£230 plus sundries" for the replacement of a burned kitchen work surface which has neither been mentioned in the signed nor the dodged check-out report.

I have had already contact with the Citizen Advice Bureau and Shelter but both were not able to give me any particularly helpful advice. Summarised, they said, that it would prove to be rather difficult to get my deposit back.
Thinking that I have a couple of arguments to back my claim but no idea what my rights really are I would very much appreciate some comments about my case.

I would very much appreciate an opinion from an experienced third party - should I try to cut my losses and walk away or try my luck with the courts.

[Joa]

the original check-out report, which was signed by me when I left the flat, did not state any of the issues that I was suddenly held responsible for.

- so what would be the landlord's evidence that any works were actually needed?

The landlord argues that I have signed the tenancy agreement that states:
"The property has been professionally cleaned prior to the commencement of the Tenancy, at the expense of the Landlord and will be professionally cleaned at the termination of this Tenancy, at the expense of the Tenants"

- did you sign it? Did the check-in inventory stated that property was cleaned by professional company? If answer is yes; you do have an obligation to clean the property but it does not mean that the landlord has a free run with your money. But most of all, you should be given a chance to remedy any problems yourself.

Am I actually entitled to see a proper invoice from the contractor he claims to have ordered to do the work

- YES. It is your money which is being spend so you are entitled not only to see what it is being spend on but also to have a say, a choice (for example of doing the job yourself or choosing a cheaper company).

To summarise; there is no evidence what was the money withheld for. The money was spend (or was it, hm? ) without any consultation with you.

I'd say write to the landlord again, present your argument and warn him that you will ask the court to issue summons within a fortnight if deposit (or a least a part- be ready to negotiate, for sake quick resolution) is not returned.
And then....moneyclaim online.
Take care.

[jupp]

Hi Joa,

Thank you for your quick answer.
- The landlord's evidence for the claim would only be the part of the check-out report that I have not signed. I need to stress the point that the check-out report was actually performed by an independent lettings agency.

- I have signed the tenancy agreement in Nov 2002 without any particular knowledge about British law and therefore rather foolishly assumed that it would probably be a usual term within tenancy agreements. Later on I signed only extension contracts of the initial agreement when the contract was due for renewal or the rent increased.

- the inventory list did not state any "professional cleaning"

- I have asked the landlord why I was not informed about his actions and why I have not been allowed to put everything straight by myself. He replied "After the end of the tenancy we cannot allow access to former tenants for legal reasons as this would compromise the end of the tenancy"

I thought that I have covered already all the above points in the correspondence with my landlord - but he still is reluctant to compromise at all. Cheekily he decided even to add new charges to the list. Since he seems to own a quite big property investment company I am slightly unsure whether he might have an ace up his sleeve which I am not aware of.

I'll proceed as you suggested and hope the best for the court decision.

[strawbs]

Check this link out from the OFT:

http://www.oft.gov.uk/shared_oft/rep...rms/oft356.pdf

It is clear that a requirement for professional cleaning is likely to be considered an unfair term.

In general the courts will side with the tenant in these situations if the landlord cannot prove explicitly that that the deductions are necessary. If the landlord does persist with adding new charges make sure that you ask for receipts for work performed and for materials used and keep this correspondence for the court. This will make it difficult for them to make up charges to put you off.