Grandaughters Deposit

[anney63]

My Grandaughter has just vacated a flat which was rented for her by her employer. The Landlady has still not returned the deposit and has only 13 days after the lease ended sent an e mail to her employers with an e mail attaching an invoice for £426.00 and 2 pictures stating that the flat was unhinhabitable. We spent a whole day making sure everything was shipshape. The pictures were of mould on the bathroom windows which was caused by damp. We now find that the deposit may not have been subject to the Tenants Deposit Scheme as no paperwork has ever been sent to her employer. Her employer are looking at taking the landlady to court for non compliance of the TDS. When claiming do they claim 3x deposit plus the original deposit or 3 times in total. Your help would be appreciated

[Planner]

Unless your grandaghter is set to loose money because of the landladys actions, I would suggest you/your Grandaugher doesnt touch the issue with a barge pole.

 

Let the company sort it out.

[anney63]

Hello again

We are not doing anything I was asking for advice for the company because they are taking the money out of my grandaughters maternity allowance. It will be the company taking court action as they are the tenants,the landlady was aware that the flat was for an employee when the AST agreement was signed. As I understand county court procedures. I will be doing the paperwork for the company.

I was just wondering what amount they would need to claim under the TDS.

Thanks for quick response

[DevilWearsPrimark]

You claim for the return of the deposit, plus the prescribed sum of compensation which is 3x the sum of the deposit.

 

But it sounds horribly complicated - who paid the original deposit? Why are they taking the money from her maternity allowance - are they allowed to do this? Personally I'd keep well out of it and let the company deal with it.

 

I suggest your granddaughter gets some advice (from her union if she is in one), to find out if the company are acting lawfully in deducting the disputed amount from her pay.

[Planner]

Im not sure about the legalities of the company taking the deposit money from her maternity pay, I suggest you post a question on the employment section of the forum.

 

I dont think a company can hold an AST tenancy agreement, it has to be a common law tenancy. Subsequently theres no requirement for TDS.

 

EDIT: A company defiantley cannot be the tenant in an AST, only an individual can be a tenant. So TDS definatley doesnt apply.

Edited June 26, 2009 by Planner

[anney63]

So are y0u saying that the tenancy agreement wasn't worth the paper its written on. That being the case what rights does the landlady have to withold the deposit or part. The fact re maternity pay is not a problem her employer has done everything to help her when it looked as though she would be homeless. They will only take back on instalments anyway. So what right has the landlandy to withold part of the deposit if the contract was not legal in the frst place. Incidently the invoice she has sent was sent by mail and none of the deposit has been received as yet. This is such a mess. So is ther nothing we can do to get money back except perhaps small claims court

Edited June 27, 2009 by anney63
added more

[Planner]

So are y0u saying that the tenancy agreement wasn't worth the paper its written on. That being the case what rights does the landlady have to withold the deposit or part. The fact re maternity pay is not a problem her employer has done everything to help her when it looked as though she would be homeless. They will only take back on instalments anyway. So what right has the landlandy to withold part of the deposit if the contract was not legal in the frst place. Incidently the invoice she has sent was sent by mail and none of the deposit has been received as yet. This is such a mess. So is ther nothing we can do to get money back except perhaps small claims court

 

No. Im saying that the tenancy agreement isnt an AST. The tenancy agreemnt is worth the paper its written on and it is legal, its just not a tenancy agreement under which the deposit needs to be protected.

 

The only way to get the deposit back will be the company v landlady in the county court.

[anney63]

THis is what the woman has sent by e mail on 23rd June 2009 still no money received. The invoice has her personal name and address on the top.

http://i671.photobucket.com/albums/vv79/anney63/img002.jpg

THe flat was vacated on 10th June .

We have requested a breakdown but nothing. Still no cheque not even for the £198. So what do we do ? What would I do without this site

[Planner]

THis is what the woman has sent by e mail on 23rd June 2009 still no money received. The invoice has her personal name and address on the top.

http://i671.photobucket.com/albums/vv79/anney63/img002.jpg

THe flat was vacated on 10th June .

We have requested a breakdown but nothing. Still no cheque not even for the £198. So what do we do ? What would I do without this site

 

The fees u have been charged are actually quite reasonable, IF you should have been charged for them at all. As you are disputing it, you need to fill out a N1 county court claim form with the landlady as the defendant and the company as the claimant. You will be claiming the deposit and court fee only as you cant claim the x3 for tds non-compliance.

[MartinPC]

£5.99 for 2 light bulbs?

 

OK they are spot light bulbs but I'm sure they can be bought in, as an example, Tesco cheaper than that.

 

Did they buy these 2 bulbs as a twin pack because I'd be interested to learn how they paid £2.99.5 (two pounds ninety nine and a half pence) for a light bulb!

 

Do these a'holes have an obligation to provide receipts for parts purchased?

[anney63]

Hello agin

The invoice is an absolute joke. The women came round unannounced using a key to get in the security system. Knocked on the door. My grandaughter checked through the peephole , had no idea who she was,. She had a bunch of keys in her hands. Remember the flat was rented by my grandaughters employer. She introduced herself and said she was just passing and thought she would stop by.She asked my grandaughter what the situation was she then replied I have a new flat from 29th June and I am moving in with my Nan until then.She then said she would be more than happy to give me another month while she looked for new tenants. She then proceeded to ask my grandaughter who the deposit was owed to and asked if the rent money was taken out of my wages. What this was to do with her I don't know. Grandaughter explained impractical flat so small.The woman then proceeded to advise my grandaghter how she could reinforce the babies moses basket so that he could stay in it longer.My grandaughter then opened a window as it was getting warm she said better to have baby cold than hot. Nothing was mentioned about damp. on windows. The woman continuously made my grandaughter feel uncomfortable. The landlady then asked if it would be ok to bring prospective tenants round. My grandaughter said fine but you must realise that I am packing. A couple were brought round on the Sunday 7th June at 5pm. If the place was so bad why did she show people round. The woman then said she would prefer it if my grandaughter posted keys through letter box on leaving as she lived a bit away. This was also stated to my grandaughters employers. When she was in the flat she even said how well it had been looked after that is the reason the keys were posted through the letterbox. Silly thing to do in hindsight.

Now lets look at the invoice. General cleaning 12 hours. This flat is tiny 1 bedroom a small kitchen and bedroom which just about held a double bed and a canvas wardrobe. I am 67 it would take me about 2to 3 hours to thoroughly clean an empty flat and that is allowing for it being really dirty. Considering my daughter and grandaughter spent the whole day cleaning and checking to make sure all was ok, this is a joke. Carpet Cleaning when my grandaughter moved in the carpet was so bad her company sent cleaners in before she moved in. Curtain Cleaning. The curtains were thin washable cheap curtains. My grandaughter took them down and used her own. Redecoration to damaged walls not a clue what this is about. Replacement of missing light bulbs I agree 2.93 for 2 in Morrisons. Replacement shower curtain. A new one was put up on exit which the landlady was not happy with ???Fee for removal of large domestic item and debris? The wardrobe was a canvas one which is as light as a feather and fairly new. It was thougt it might be useful to next tenants. The local council would have taken it away for £25 so 67.85 is excessive anyway.

.The assorted debris were some bath mats etc which had been left in the airing cupboard by previous tenants there was also a glass what looked like part of a fire. My grandaghter did leave a bottle steamer (Plastic)

Agents admin fee what is this she is saying this is normal not in my book it isn't. The invoice is on the landladys own headed paper very odd. Why did she not call the company prior to doing this work (if in fact it was done) Also why was this mailed after the company had chased for the return of the deposit and still the company has not received the £198.07. This whole thing really is very odd. My grandaughter is more concerned about her reputation than the cash. Although with a new baby this is quite a bit to lose. Should the company now take County Court action on her behalf as they were the tenants, even though they were given a short hold tenancy agreement. Or do we respond to the invoice. Really could do with some help please

[MartinPC]

Alas,

 

From experience I have learnt not to give the landlord/agent any excuse. I vacated a property 2 months ago, I had a bunk bed affair that would be going to the dump, I asked the next tenants if they might want it and they politely replied 'no', I didn't take it upon myself, without asking, to leave it there on an offchance that happened to suit me also.

 

But I've had it in the past, dirty (2) lampshades, £20.00 for cleaning, 2 new lampshades would be cheaper than the cleaning but I hadn't dirtied the lampshades, like your GD's curtains, they had been packed away for the term.

 

Hence, having moved in to my current tenancy, all the 'tell tale' signs are present, lampshades all caked in filth just as an example, and I will not let the matters defer until I depart, I shall, one way or the other, ensure that the matters are addressed now.

 

Letting agents remain a bunch of crooks!

[anney63]

Can someone please advise our next course of action

[Planner]

As I have stated perviously, I dont think you should be contesting the actual amounts you have been charged as they are all quite reasonable. You need to contest the items or time spent that you dont agree with:

 

- General Cleaning (12 Hours) - £131.10 - 12 hours of cleaning seems very excessive (while the price is cheap);

 

- Carpet Cleaning - £51.75 - Did they need cleaning? Again cheap if they did.

 

- Curtain Cleaning - £17.25 - Did they need cleaning? Again cheap if they did.

 

- Redecoration - £83.25 - Did it need redecorating in areas? Cheap if it did.

 

- Light Bulbs - £5.99 - Cheap (remember they also have to be put in so lucky it wasnt £25.99!)

 

- Shower Curtain - £14.99 - Did it need replacing?

 

- Furniture Removal - £67.85 - Cheap for van hire/man with a van. If your grand daughter could have got the council to remove it for substantialy less, then she should have done before moving out. You cant expect the LL to be using the council to remove left items.

 

- Agents Admin - £74.75 - Looks to be the usual rip off, I would contest.

 

Once again, you/the company needs to fill out a N1 county court claim form (or use money claim online) with the company as claimant and LL as defendant. Before doing this the company (as Claimant) should send a letter before action (LBA) outlining the items that are contested/requesting recipts and invoices giving her 14 days to respond. IF no luck then submit the claim.

Edited June 29, 2009 by Planner

[anney63]

Thanks a lot we will take your advice and request receipts etc. Still no cheque received for the balance . Really concerned now that she hasn't got the money .

[Kentish Lass]

No one seems to have asked whether a proper check in was done when the tenant moved in? Did the tenant agree to this inventory by signing it? If this was not done, how can Landlady claim anything since she cannot prove the condition the flat was in at the beginning.

[anney63]

Thanks I never thought of that .All we have is a signed Assured Shorthold Tenancy Agreement signed by the company and the landlady. I know it wasn't very clean as My daughter in law helped to clean it prior to my Grandaughter moving in. She also made sure it was cleaned before she left. Really silly of her to put keys in letter box at landladys request. Landlady stated she lived to far away but lives only about 15mile away. Maybe knew what she was up to

[Kentish Lass]

To be honest - your posting no.11 is just too long and convoluted to go through. You need to be more succinct.

[anney63]

Hello Again

Well the saga continues my grandaughter is now working through this on behalf of the company as she is still employed and on maternity leave. They have sent an e mail to the landlady clearly stating the she is working on their behalf when requesting information. She is completely ignoring this fact and actually threatening with the data protection act. No funds have been deducted off my grandaughter just from the companies deposit. It's the principal that she insinuates that the flat was left in a state when in fact it was left spotless. The only problem was mould on the windows which were being replaced and in fact we have photographice evidence that this was done almost immediately after leaving. Do details on an invoice come under the data protection act. This women is saying that she is going to the company have breached the data protection act by giving my grandaughter her details when they are on the invoice., which she is chasing information on as an employee of the company. She is also saying they sublet. Not True they paid the rent and it was a company employee who lived there getting very complicated. The company are now takling over and considering small claims court. Is she correct RE Datta Protection ???

[MartinPC]

Let her threaten the Data Protection Act, let her attempt to take your grandaughter, or her employer, to court, it should be highly entertaining!

 

If your grandaughter is an employee of the company then her duties are as dictated to her by her boss(s), if her boss has instructed her in this duty then grandaughter is merely carrying out her duties and, ideally, if she emails the woman then it should be from a company email address, if she writes to the woman then on company letterhead etc.

[anney63]

Great just confirmed my thoughts thank you so much.

[anney63]

Final demand being sent today . I am off on holiday at the end of next week what so need to get County Court Claim ready what would be the entry for the Particulars of claim. ?? appreciate any help Thanks:confused:

[anney63]

Landlady phoned the company with a lot of abuse. Really got nowhere. Issued court action on line today.

[anney63]

Well issued County Court on behalf in the company name this is her defence and tenancy agreement. No call was ever made to the company the first we heard of the deduction was when she was chased for the deposit and a mail was received on the 23rd June. attaching the invoice. The actual cheque was not received until 2nd July. We have received the AQ. Although it is my grandaughter is doing this in the company name it is for her own sake as she knows that the landlady is making things up. As she is still employed my the company (on maternity leave) I am helping her. Any ideas what we enter on the AQ. Should we request a transcript and date of the phone call and who she spoke to. It all seems to be made up. Please can anyone help. This is more than money and is a matter of principle. The photos which she has stated of which there are 2 are of mould caused by damp round 1 window frame the bathroom. Within a couple of weeks of my grandaughter moving out new windows were installed all through. I have photos. The other photo is of a couple of bits (curtains which were in the airing cupboard when she moved in. No dirt or dirty carpets no shower curtain etc. Please can someone help we cannot give in to this bullying

 

 

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Edited August 31, 2009 by anney63
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[anney63]

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