Unfair Deposit Deductions... Help Please

[purpleozzie]

Hi,

Wondered if anyone can give me advice on a security deposit dispute.

We moved out of our flat on the 2nd Feb and straight into a new flat. Someone from the letting agents came around after we had moved everything out of the old flat to do a check-out. We were supposed to leave the flat domestically cleaned, with the carpets professionally cleaned. A cleaner from the letting agents was supposed to turn up and tell us how much it would cost to clean and what needed doing, but he didn’t and we had to leave quickly to pick up the keys for our new flat.. We were. The woman doing the check out asked us for a receipt for the carpets which I didn’t have at the time but told them I would call the company that did it and get a receipt for the Monday. We then gave them the keys back and went on our way. We then tried to contact them but to no avail and could only get through on Monday to find that they had charged us £110 for the cleaning and £80 to professionally clean the carpets even though we had had them done ourselves (we now have the receipt). They also wanted to charge us £66 for the check out fee which they told us was in the contract. This is what it says:

“To pay costs associated with the checking of the inventory at the end of the tenancy and for the preparation of any renewal or continuation of the agreement”.

What I want to know is can we argue these figures as the landlord or letting agents cannot assume that they can use our deposit for cleaning they need to OK a figure with us and give us the opportunity to correct everything before they go ahead and clean the property. Also with the check-out fee I find this clause quite ambiguous as I had assumed it was relating to any damages or cleaning that were found whilst the check-out was being done, not for the letting agents to hire an outside company to do the check out and then pass the cost onto us. Also, could this come under an unfair clause as it doesn’t mention an exact cost and it leaves it open for the letting agents to charge as much as they want.

If I have a case how do I go about making a complaint, our deposit is kept with the Tenancy Deposit Scheme. Do I need to write a letter to the letting agents with my grievances and if so has anyone got a sample letter they can post.

[Joa]

The contact details of the scheme where your deposit is/was kept should have been made available to you within 14 days after the deposit was handed in to landlord or agents.

The legislation is clear: 213(5) A landlord who has received such a tenancy deposit must give the tenant and any relevant person such information relating to—

(a) the authorised scheme applying to the deposit,

(b) compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and

© the operation of provisions of this Chapter in relation to the deposit, as may be prescribed.

(6) The information required by subsection (5) must be given to the tenant and any relevant person—

(a) in the prescribed form or in a form substantially to the same effect, and

(b) within the period of 14 days beginning with the date on which the deposit is received by the landlord.

Housing Act 2004 (c. 34)

So this is the first issue to consider. If the above obligations were not fulfilled, next sections of the Act talk about implications.

If the landlord has fulfilled his obligations, the contact details of the specific scheme should be easy to find (tenancy agreement?)

What I want to know is can we argue these figures

Of course. First of all- you paid for cleaning and can provide receipt, secondly check out charges were hidden and therefore unfair. Refuse to accept anything you don't agree with- it's your money and they need to justify retention. Please see a template letter in http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/117572-unfair-deposit-deductions.html#post1188882

[purpleozzie]

Thanks for your reply. I did see that letter but it doesn't seem to suit our situation. In the letter it threatens court action. I know now that the deposit is held with TDS. Do I still threaten court action.

 

I have attached a copy of my modified letter below: What are your thoughts.

 

Dear Sir,

 

I am writing to you concerning my tenancy of the premises at - CONFIDENTIAL -

I am rather alarmed at the way - CONFIDENTIAL - have dealt with the check-out from this property and are attempting to withhold a large amount of this deposit unfairly. I request that you return my deposit of:

£????.??

- £???.?? extra rent up until 02/02/08

- £??.?? Lightbulbs

________

£????.??

As the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy. The premises were domestically cleaned and the carpets were professionally cleaned (receipt provided).

- CONFIDENTIAL - are only returning:

£????.??

- £????.?? extra rent up until 02/02/08

- £???.?? Cleaning Costs (This includes having the carpets professionally cleaned)

- £??.?? Check-out Fee

- £??.?? Lightbulbs

_________

£???.??

 

- CONFIDENTIAL - were required to show us a quote for the cleaning costs, and were required to have given us a chance to clean the property to their standards before new tenants moved in (which we were fully prepared to do). We never saw this quote and - CONFIDENTIAL - cleaned the property, including the carpets, which we had already professionally cleaned without our consultation. A Landlord (or letting agent) cannot assume that the deposit is to be used for preparing the property for new tenants to move in. The deposit is our money and we need to give permission for any of the deposit to be used for cleaning purposes.

They also charged us a check-out fee which we believe to be a hidden charge as this was not mentioned when we checked in.

I require your reply to arrive no later than 14 days after the date of this letter, together with your cheque for any amount not in dispute. If I receive no satisfactory reply by then, I will begin a County Court action for recovery of my deposit without further warning.

 

The Court can order you to pay back the deposit, and the proceedings are very straightforward. Also, the Courts are very sympathetic to tenants whose landlords do not fulfil their statutory obligations.

 

I look forward to hearing from you within 14 days.

 

Yours faithfully,

 

- CONFIDENTIAL -