Landlady Ripped us off - What can she legitimately deduct?

[Themis77]

As expected my landlady has ripped us off over our deposit.

 

She is claiming we only gave a months deposit rather than the 6 weeks we actually gave her. My flatmate has lost the receipt but we have bank statements to back up withdrawals of the actual amounts we paid - will these suffice?

 

I must add that we made several requests to be present during checkout which were ignored.

 

 

ve out 1 day later and made no mention of extra rent. The 2nd day was because she was ignoring my messages asking what to do with the keys)

 

-General Cleaning £50 (We cleaned befoew we moved out). She is claiming skirting boards etc are dusty)

 

ish Removal £55 (We left some bin bags out which apparently were not taken by the bin men. Th council charge £20 for an extra collection usually)

 

-Window Cleaning £24 (I dont dispute this though maybe high)

 

-Repainting of wall in 1 Bedroom £90 (We painted some areas she pointed out but this was never mentioned and marks are due to furniture being placed against walls)

 

-Replacement of broken blind £30 (There were no blinds when we moved in and we bought really cheap ones from Argos so no way should we pay! Also these blinds still work but 3 slats are slightly bent at one end.)

 

-Carpet Cleaning £80 (Had this done prior to moving out but after 5 years cheap cream carpets just do not come up well)

 

-2 light bulbs in Kitchen £5 (Do we have to pay for lightbulbs?)

 

-Replacement of broken tiles in bathroom £50 (These are cracked but not due to us. These were cracked during several repairs that had to be carried out due to leaks under the bathtub into the downstairs flat . Also do 3 plain white tiles really cost £50??)

 

I must also add that we lived in the propery for 5 years. The paintwork was wiped down but due to shoddy workmanship there is a lot of white glue residue on doorframes etc that have caught dust over the years. The only way of removing it would be to find a way of removing the glue. We have sugarsoaped all woodwork.

 

Thanks in Advance!

[jackieandwayne]

As expected my landlady has ripped us off over our deposit.

 

Ok, get prepared to write a letter. Head it "Letter before Action."

 

She is claiming we only gave a months deposit rather than the 6 weeks we actually gave her. My flatmate has lost the receipt but we have bank statements to back up withdrawals of the actual amounts we paid - will these suffice? I am not sure about that, but if this should have to go to Court, you should perhaps swear an affidavit in relation to the bank statement, those withdrawals and the purpose of them. How about asking in your letter for a copy of your receipt from her? I expect she's had to keep it for tax purposes for about 6 years.

 

I must add that we made several requests to be present during checkout which were ignored. I fail to see how a checkout can be completed properly without you or the joint tenant being present! You now wish to see her completed inventory and photographic evidence, since she refused you permission to be there at the time.

Was an inventory taken when you moved in, and do you have photographs and a copy of that inventory? In your letter this is another document you wish to be supplied with.

 

 

ve out 1 day later and made no mention of extra rent. The 2nd day was because she was ignoring my messages asking what to do with the keys)

 

Well, generally, if a tenant fails to give me the keys on time, they then incur a further weeks rent. But this is because I provide them with a personally numbered keysafe before they go, and they also know where the Head Office is so they can also drop them off. However, if I had failed to provide the means of handing the keys over or making it clear where and when they were to go, then I couldn't morally charge them. Legally, I possibly could, but that's not one I'd want to try in the County Court.

On your tenancy agreement were your landlords contact address given? There has to be a means of contacting them within the agreement and if there isn't and she wouldn;t return your calls, then its hardly your fault. Have you kept the records of the phone calls to her number to prove you tried in vain to contact her?

You should mention all of this in your letter and invite her comments.

And anyway, what actual loss has she suffered rent wise? Did she have a tenant ready to move in immediately? I doubt it unless she is managing a stock of high turnover properties. Ask in the letter for clarification and her comments on these two points.

 

 

 

-General Cleaning £50 (We cleaned befoew we moved out). She is claiming skirting boards etc are dusty)

 

I always have a general clean done, change shower curtains, change loo seat etc., but unless my tenant has left it like a pig sty, I don't charge them for this - these are just sensible hygiene issues. Dusty skirting boards? Well, if you've used sugar soap on all the woodwork you will have dealt with that. What you cannot help is a gathering of dust in an empty property! Again, in your letter ask her to justify this, and why she feels you should have to pay for a natural occurrence at the property after you had left it. And of course you would like to see her photographs of this.

 

ish Removal £55 (We left some bin bags out which apparently were not taken by the bin men. Th council charge £20 for an extra collection usually)

 

Tricky, you admit to leaving the bin bags out for the binmen. What day do they collect? Did she have it removed before the collection day? Ask her to state categorically that the bin men DID NOT collect, and the exact date she removed the bags. This will be her word against yours.

 

-Window Cleaning £24 (I dont dispute this though maybe high) -

 

Did you have a window cleaner throughout your tenancy? If so you ask him to give you a short statement of when he last visited. Is it a flat over second floor, or a house? Can make a difference to the price. I can't believe you lived here for five years and didn't clean the windows! Also, whilst I would expect any householder to keep the insides of the windows clean, what did the tenancy agreement say about cleaning the outside? You could put it to her in your letter that both tenants had no wish to live in the dark so of course you cleaned the windows!

-Repainting of wall in 1 Bedroom £90 (We painted some areas she pointed out but this was never mentioned and marks are due to furniture being placed against walls)

 

Marks on walls are your responsibility, its always best to empty the place then have another good look at it. Furniture always leaves marks. I charge tenants for removing sticky stars and disney characters from kids bedroom walls and ceilings! Mean aren't I? Point is I meet with them a fortnight before they leave, and then back it all up in writing so they have plenty of time to put these things right. This is exactly why you should have been allowed to be at the check out inspection.

 

-Replacement of broken blind £30 (There were no blinds when we moved in and we bought really cheap ones from Argos so no way should we pay! Also these blinds still work but 3 slats are slightly bent at one end.)

 

Silly woman! Quite simple, you left some items of property behind, ie., your blinds, please would she mind removing them and returning them to you or paying you for them. These belong to you, not her, and you can argue that you were kind enough to leave YOUR blinds in place, in case the property was empty for a while - you are very community minded and didn't want to attract the light fingered to the property, by showing it as obviously empty. Since she obviously cannot appreciate this kind and sensible act you'll have your blinds back please. If you ring your local police officer, he will tell you you did exactly the right thing! Do that, get his collar number, and add that into your letter for a little bit of clout and a slight stab!

 

-Carpet Cleaning £80 (Had this done prior to moving out but after 5 years cheap cream carpets just do not come up well)

 

Well, I've stopped our contractors from using a cream carpet in my properties now - its hopeless to keep them clean. If I were you, I would visit a carpet showroom and try and find the most similar type of carpet you can and then ask the advice of the shop as to its use in a property that is to be let! Go on a quiet day, get their attention and you never know they may write for you that that carpet is not particularly hard wearing. Failing this, have you dates of when you hired carpet shampooers etc? You can prove that you cleaned them in that case.

Nothing to stop you pointing out the futility of using this type of carpet in a house that is to be let time and time again.

Whether you win on this point is one we will just have to wait and see.

 

 

-2 light bulbs in Kitchen £5 (Do we have to pay for lightbulbs?)

 

I don't charge for lightbulbs. Were they fluorescent tubes? If not, ask to see a receipt for these items - 2 pendant bulbs do not cost £5 more like 50p each!

 

-Replacement of broken tiles in bathroom £50 (These are cracked but not due to us. These were cracked during several repairs that had to be carried out due to leaks under the bathtub into the downstairs flat . Also do 3 plain white tiles really cost £50??)

 

No they don't , about £1 each if that for good ones. However, the old ones have to be chipped out, replaced and regrouted - hence a labour cost. Also, you should not be paying for the regrouting of the whole splashback, (which will have been done otherwise it would make the remaining area look grubby) only the amount of grout used for the three tiles you are being held responsible for! (I'm being pedantic now!)

But, From what you say this is most definitely not down to you, and you should make an outright refusal to pay it, whilst pointing out to this woman, that all tiled splashbacks must be in good order, with no loose or damaged tiles - germs get in the cracks etc. Therefore why make you live with this (very minor) health risk for 5 years or so and then expect you to pay for it!

 

I must also add that we lived in the propery for 5 years. The paintwork was wiped down but due to shoddy workmanship there is a lot of white glue residue on doorframes etc that have caught dust over the years. The only way of removing it would be to find a way of removing the glue. We have sugarsoaped all woodwork.

 

If you did not cause the glue to be present, you should not be expected to deal with it. End of story.

 

Thanks in Advance!

 

What you need then is to gather as much evidence as you can as i have pointed out above, and have a very good think about what else was wrong with the property during your tenancy. Then put this all into a letter, just keep it to the facts, and keep it polite. Send it registered post or hand deliver it to her property with a witness with you and allow her 14 days for her considerations and reply.

If this has to go to County Court, you can then demonstrate you have done all that you reasonably can to settle this dispute, and it should also demonstrate that she has done precisely nothing.

Good luck, will be great to know how you get on. (I think I know what the judge would say about 5 year old cream carpets in a property being let!)

[Themis77]

As expected my landlady has ripped us off over our deposit.

 

Ok, get prepared to write a letter. Head it "Letter before Action."

 

She is claiming we only gave a months deposit rather than the 6 weeks we actually gave her. My flatmate has lost the receipt but we have bank statements to back up withdrawals of the actual amounts we paid - will these suffice? I am not sure about that, but if this should have to go to Court, you should perhaps swear an affidavit in relation to the bank statement, those withdrawals and the purpose of them. How about asking in your letter for a copy of your receipt from her? I expect she's had to keep it for tax purposes for about 6 years. Great I hadn't thought of that. I hope she had a copy.

I must add that we made several requests to be present during checkout which were ignored. I fail to see how a checkout can be completed properly without you or the joint tenant being present! You now wish to see her completed inventory and photographic evidence, since she refused you permission to be there at the time.

 

Was an inventory taken when you moved in, and do you have photographs and a copy of that inventory? In your letter this is another document you wish to be supplied with. An inventory was taken but we dont have a copy. I dont recall if we signed it. When we moved in it was a new conversion with no furniture etc.

 

 

ve out 1 day later and made no mention of extra rent. The 2nd day was because she was ignoring my messages asking what to do with the keys)

 

Well, generally, if a tenant fails to give me the keys on time, they then incur a further weeks rent. But this is because I provide them with a personally numbered keysafe before they go, and they also know where the Head Office is so they can also drop them off. However, if I had failed to provide the means of handing the keys over or making it clear where and when they were to go, then I couldn't morally charge them. Legally, I possibly could, but that's not one I'd want to try in the County Court.

 

On your tenancy agreement were your landlords contact address given? There has to be a means of contacting them within the agreement and if there isn't and she wouldn;t return your calls, then its hardly your fault. Have you kept the records of the phone calls to her number to prove you tried in vain to contact her?

 

You should mention all of this in your letter and invite her comments.

 

And anyway, what actual loss has she suffered rent wise? Did she have a tenant ready to move in immediately? I doubt it unless she is managing a stock of high turnover properties. Ask in the letter for clarification and her comments on these two points. She is notoriously difficult to get hold of and always has been. No address was ever given to us. I had to google her to find it. She then moved and I had to investigate myself to find her new address. She has also several times changed her number and we only found out when she contacted us about unrelated matters. Also she told us she would deduct money if we didnt cut our grass but ignored us for 2 weeks when we tried contacting her to get us access to the lawnmower (lock on shed had been changed). We used the saturday to hire one and get it done. We informed her we would be doing this since she had not given us access to the shed.

 

 

 

-General Cleaning £50 (We cleaned befoew we moved out). She is claiming skirting boards etc are dusty)

 

I always have a general clean done, change shower curtains, change loo seat etc., but unless my tenant has left it like a pig sty, I don't charge them for this - these are just sensible hygiene issues. Dusty skirting boards? Well, if you've used sugar soap on all the woodwork you will have dealt with that. What you cannot help is a gathering of dust in an empty property! Again, in your letter ask her to justify this, and why she feels you should have to pay for a natural occurrence at the property after you had left it. And of course you would like to see her photographs of this.

 

ish Removal £55 (We left some bin bags out which apparently were not taken by the bin men. Th council charge £20 for an extra collection usually)

 

Tricky, you admit to leaving the bin bags out for the binmen. What day do they collect? Did she have it removed before the collection day? Ask her to state categorically that the bin men DID NOT collect, and the exact date she removed the bags. This will be her word against yours. We did leave bin bags and I'm happy to pay the £20 if they were left but £55 is inflated I feel.

 

-Window Cleaning £24 (I dont dispute this though maybe high) -

 

Did you have a window cleaner throughout your tenancy? If so you ask him to give you a short statement of when he last visited. Is it a flat over second floor, or a house? Can make a difference to the price. I can't believe you lived here for five years and didn't clean the windows! Also, whilst I would expect any householder to keep the insides of the windows clean, what did the tenancy agreement say about cleaning the outside? You could put it to her in your letter that both tenants had no wish to live in the dark so of course you cleaned the windows! Its a 3rd floor flat and we hadn't had a window cleaner around yet this year so I'm happy to pay for this to be done.

 

-Repainting of wall in 1 Bedroom £90 (We painted some areas she pointed out but this was never mentioned and marks are due to furniture being placed against walls)

 

Marks on walls are your responsibility, its always best to empty the place then have another good look at it. Furniture always leaves marks. I charge tenants for removing sticky stars and disney characters from kids bedroom walls and ceilings! Mean aren't I? Point is I meet with them a fortnight before they leave, and then back it all up in writing so they have plenty of time to put these things right. This is exactly why you should have been allowed to be at the check out inspection. So its not fair wear and tear after 5 years? She did point out some areas that we had repainted at her request but did not mention this despite the room being empty when she visited (Funnily enough with a painter to get a quote for redecoration!). The room will need repainting as there was a persistent leak that has left big water marks.

 

-Replacement of broken blind £30 (There were no blinds when we moved in and we bought really cheap ones from Argos so no way should we pay! Also these blinds still work but 3 slats are slightly bent at one end.)

 

Silly woman! Quite simple, you left some items of property behind, ie., your blinds, please would she mind removing them and returning them to you or paying you for them. These belong to you, not her, and you can argue that you were kind enough to leave YOUR blinds in place, in case the property was empty for a while - you are very community minded and didn't want to attract the light fingered to the property, by showing it as obviously empty. Since she obviously cannot appreciate this kind and sensible act you'll have your blinds back please. If you ring your local police officer, he will tell you you did exactly the right thing! Do that, get his collar number, and add that into your letter for a little bit of clout and a slight stab!

Great point! We were actually broken into 3 times so this makes sense.

-Carpet Cleaning £80 (Had this done prior to moving out but after 5 years cheap cream carpets just do not come up well)

 

Well, I've stopped our contractors from using a cream carpet in my properties now - its hopeless to keep them clean. If I were you, I would visit a carpet showroom and try and find the most similar type of carpet you can and then ask the advice of the shop as to its use in a property that is to be let! Go on a quiet day, get their attention and you never know they may write for you that that carpet is not particularly hard wearing. Failing this, have you dates of when you hired carpet shampooers etc? You can prove that you cleaned them in that case.

 

Nothing to stop you pointing out the futility of using this type of carpet in a house that is to be let time and time again.

 

Whether you win on this point is one we will just have to wait and see.

Her letting agent actually visited while we were having the carpets cleaned! They need replacing after 5 years and no amount of cleaning is going to bring them up well.

 

 

-2 light bulbs in Kitchen £5 (Do we have to pay for lightbulbs?)

 

I don't charge for lightbulbs. Were they fluorescent tubes? If not, ask to see a receipt for these items - 2 pendant bulbs do not cost £5 more like 50p each! They were spotlights. They do cost about £4 for 3 I just wasn't sure if we had to replace these.

 

-Replacement of broken tiles in bathroom £50 (These are cracked but not due to us. These were cracked during several repairs that had to be carried out due to leaks under the bathtub into the downstairs flat . Also do 3 plain white tiles really cost £50??)

 

No they don't , about £1 each if that for good ones. However, the old ones have to be chipped out, replaced and regrouted - hence a labour cost. Also, you should not be paying for the regrouting of the whole splashback, (which will have been done otherwise it would make the remaining area look grubby) only the amount of grout used for the three tiles you are being held responsible for! (I'm being pedantic now!)

 

But, From what you say this is most definitely not down to you, and you should make an outright refusal to pay it, whilst pointing out to this woman, that all tiled splashbacks must be in good order, with no loose or damaged tiles - germs get in the cracks etc. Therefore why make you live with this (very minor) health risk for 5 years or so and then expect you to pay for it!

 

I must also add that we lived in the propery for 5 years. The paintwork was wiped down but due to shoddy workmanship there is a lot of white glue residue on doorframes etc that have caught dust over the years. The only way of removing it would be to find a way of removing the glue. We have sugarsoaped all woodwork.

 

If you did not cause the glue to be present, you should not be expected to deal with it. End of story.

 

Thanks in Advance!

 

What you need then is to gather as much evidence as you can as i have pointed out above, and have a very good think about what else was wrong with the property during your tenancy. Then put this all into a letter, just keep it to the facts, and keep it polite. Send it registered post or hand deliver it to her property with a witness with you and allow her 14 days for her considerations and reply.

 

If this has to go to County Court, you can then demonstrate you have done all that you reasonably can to settle this dispute, and it should also demonstrate that she has done precisely nothing.

 

Good luck, will be great to know how you get on. (I think I know what the judge would say about 5 year old cream carpets in a property being let!)

 

Wow great Thanks so much for that. My comments in Red!

 

I must add that my landlady has taken money from other tenants too and then not carried out the work claimed!