Non TDS deposit debate - advice needed quick!

[arae1]

Sorry...its a long one..........My husband & I rented a house from 2nd Oct 06 - 2nd April 08. The initial rental was for 6 mths, the lease was then renewed on 3rd April 07 for a further 12 months. Note, it was only hubby named on lease. The house was rented from the Landlord via a letting agency.

 

Before moving in, we paid a deposit of £595. When we moved in, we had to scrub the house,as the previous tenants left it quite dirty (despite the let. agency alledgedly inspecting it after they left).

 

We never received an inventory to sign. I requested one just before we vacated last week, to remind me what should be left. They sent an inventory, with a note saying it was a yr old, which was completely wrong, even down to the colour of the walls etc. I called the agency and was told their system had muddled all inventories up and they didnt have an up-to -date one, but that would be taken into consideration.

 

So we left last week, the house was gleaming, we had spent a week washing carpets, walls cupboards etc. The agency inspected it and said it was in a great condition and then gave me a small list of things that were chargeable, only 2 of these were applicable to us (I know I could have got off with all of them dur to no inventory, but Im an honest gal!). Then she said that an additional £65 of our deposit was going to be kept to clean the place. She said this was kept from all deposits so as to clean each property. I said this certainly hadnt been done when we moved in.I explained the house didnt need cleaned, we had had people in doing that. So she agreed to refund that too.

 

10 mins later, I get a call saying the Landlord is going to be moving back into the house in the middle of April and wants to hold off refunding us the £65 untilk she has inspected it! "Incase she thinks it needs cleaned".

 

Anyone know the legality of this? I know we missed our deposit being put in a TDS by 3 days.

 

Thanks,

 

Anne

[Planner]

Well obviously its your responsibility to return the property in a similar condition (minus fair wear and tear) as when you moved in. If heres no check-in inventory and no proof of the cleanliness of the property when you moved in then its tough on the Landlord really.

 

Have you got the rest of the depoit back yet? I would be tempted to wait until you get the balance before you progress any further so this cant be used as a bargaining chip against you.

 

After you have recieved it I would write to the LL/agents asking for proof of cleanliness before you moved in and the recipt for both the pre moving in clean (what was dont at the end of the tenancy prior to your) and then the recipt for the clean thats been carried out now. If its not forth coming within 7 days write a further letter asking for the money other wise you will commence legal proceedings. And then after another 7 days write a Letter Before Action in cluding the filled in N1 county court claim form askign for the money back or you will submitt the claim to the court.

 

Hope this bluff works, as I dont really think its worth your while in taking it to court, even though I know how unfair and annoying deductions like this are.

 

Alternativly is the letting agents a member of any professional organisation that has a mediation scheme you can use?

[arae1]

Thanks for the quick response Planner.

 

I forgot to mention that we live in Scotland, I dont know if that affects the advice given.

 

The post - clean hasnt been done yet...theyt are just keeping the money incase the Landlord wants it cleaned again. Surely 1 inspection is enough? Who wouldnt want their house cleaned again, free!

 

We received a cheque for the balance yesterday, which has been put into the bank today (if hubby has done what he was told!). However, I have a phonecall with the letting manager organised for 2pm today to discuss the £65.

 

I think they are just all chancing their luck, as they seem to be making stuff up as they go along. I know it is not a significant amount of money, but we have just bought a house so every penny is a prisoner and I feel its the principle thats important. The landlord was a pain in the bottom for a long period of time, unknown to the letting agency, her and members of her family were coming to the house, looking through windows and taking pictures of the back gardens etc. Also discussing the terms of our lease with my next door neighbour, so I definately grudge giving her another £65 for the pleasure!

 

Thanks again P,

 

Anne

[Planner]

Thanks for the quick response Planner.

 

I forgot to mention that we live in Scotland, I dont know if that affects the advice given.

 

The post - clean hasnt been done yet...theyt are just keeping the money incase the Landlord wants it cleaned again. Surely 1 inspection is enough? Who wouldnt want their house cleaned again, free!

 

We received a cheque for the balance yesterday, which has been put into the bank today (if hubby has done what he was told!). However, I have a phonecall with the letting manager organised for 2pm today to discuss the £65.

 

I think they are just all chancing their luck, as they seem to be making stuff up as they go along. I know it is not a significant amount of money, but we have just bought a house so every penny is a prisoner and I feel its the principle thats important. The landlord was a pain in the bottom for a long period of time, unknown to the letting agency, her and members of her family were coming to the house, looking through windows and taking pictures of the back gardens etc. Also discussing the terms of our lease with my next door neighbour, so I definately grudge giving her another £65 for the pleasure!

 

Thanks again P,

 

Anne

 

The process whould be the same put instead I dont know what form you would use and it would be the Sheriffs Court?

 

I agree they are chancing their luck, because they know its probably going to be to much effort for you to contest it. Your right your deposit is pre-TDS, but I think thats irrelavant as I believe TDS only applies to England and Wales?!

[arae1]

hmm sometimes too much info is dangerous eh?! No wonder the letting agency receptionist didnt have a clue what I was talking about when I asked her about TDS yesterday!!

 

Thanks again...will update after phone call