disagreement about deposit deductions

[dayzee]

We just moved out of a place and we disagree with the deductions that are being claimed.

 

1. New Freezer needed

The bottom shelf on the freezer is cracked due to a design issue. Put 1 bag of peas and the shelf drops causing it to get caught on the plastic.

 

They are stating that we must pay for a brand new freezer. We are saying that the freezer is 4 years old and we should not pay the full amount. They said no and want to charge us 400 quid. We have found an identical brand freezer (just a newer model then installed) for 250 quid brand new. As far as I was aware we should not pay for a new freezer.

 

2. Curtains Destroyed.

Curtains just need an iron (we let them dry hanging up but did not look at them again until we checked out).

 

They are claiming that we destroyed the curtains in every room. They want to charge us 100 quid a set of curtains (there are 4 sets). These are cheap beige curtains we have seen for sale at 25 a set. They are also at least 4 years old. The check in report states beige curtains and NOT the state they are in.

 

3. Apartment must be professionally cleaned again.

We had the place professionally cleaned 2 weeks ago.

 

They claim no. But the check in report/contract do not state anything about this. They want to charge us 500 for this.

 

4. Destroyed home owners book

The previous tennents wrote a negative statement about the letting agent on a single page.

 

They are claiming they must replace the entire thing at a cost of 100 to us. Check in report just states there is a home owners book. It is a photocopy and needs only a single page replaced.

 

 

Our deposit is not held in the TDS. We lived in the place for 3 years, but everyting was new 4 years ago as it is a new build.

 

Does anyone know where we stand and what we can do?

 

We are more than willing to get a photocopy of the single page from the homeowners book. We are also willing to pay for the freezer as long as we are not charged for a new one, or one well above the normal price. Curtains is debatable but we might just pay it. But once again I dont think we should be paying for brand new.

 

 

 

On another note is there anywhere where we can name and shame a letting management? We have had terrible issues with this company since day 1. We really want people to avoid them because of the many things they did they went against the law and tennency act.

 

Edited to add

 

We have since discovered they did a their own check out report. Without our knowledge.

Edited June 30, 2009 by dayzee

[Kentish Lass]

You do not state what type of Tenancy you have. Was it an Assured Shorthold Tenancy - renewed each year? Or had it rolled over to a monthly periodic? This is important.

 

Regarding the deductions from your deposit:

 

You do not have to replace the 4 yr old freezer, this is nonsense. This is fair wear and tear.

You do not have to replace the curtains but could offer a sum as a percentage - or refuse to pay it altogether saying this is fair wear and tear and they only need ironing;

Do you have an invoice from the professional cleaning company? If so, include this and refuse to pay their ridiculous £500 charge. It is totally unreasonable anyway.

Home owners book - you did not damage it - you are not responsible - and a court would laugh at £100 charge.

 

Work out what you consider to be fair deductions from the deposit. Write to LL/Agent informing them that you are prepared to pay £xx towards [whatever] and request that the balance of your deposit be returned to you. State that if you do not receive £xx by [date] you will take out a MCOL (Money Claim On Line) to recover what they owe you.

 

Don't be intimidated by them.

 

Now you say that your deposit is not in a Deposit Protection Scheme - why is that? If your tenancy was renewed at any time after April 2007, the deposit is required by law to be protected (that is why I asked about your tenancy). What was your annual rent?

 

If you are in any doubt about any of this, don't be afraid to approach Shelter or the CAB for advice.

[dayzee]

We were on Assured Shorthold Tennancy up until March this year. Due to issues with the letting agent (we asked for a new contract and it was never provided), we moved on to periodic tennancy.

 

At this point I had drafted a letter to tell them we will pay them 200.00 which I though was fair and above and beyond what I want to pay them. BUT I have since received a letter from them stating the check out report is incorrect and they will provide me with a new one in 10 days!! (wtf) I expect more items to be added to the list. (fantastic).

 

Interesting. I did not realise that our deposit must be in the DPS. I only thought it had to be put in for new tennents - to be fair I know nothing about it at all. Hence my lack of knowledge they needed to do so.

 

our annual rent is about 9k. (785 a month).

[Kentish Lass]

What date did your (latest) AST commence? Any new AST signed after April 2007 requires any deposit associated with it to be protected.

 

If you moved in before April 2007 and have not signed a new AST since you moved in, the deposit protection legislation will not apply.

 

Was there a proper check-in when you first moved in, that you signed your agreement with and then received a copy of? If there was no check in, they cannot prove what condition the property was in at the beginning of the tenancy? If they can't prove how it was at the beginning, they will be unable to prove that there has been any damage!

 

Don't let them bully you!