Jump to content


Trouble getting our deposit back - Need advice


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4138 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

I'm sure this has probably been covered in the past but we would like some advice on getting our deposit back from our landlord. We vacated a property on 23rd December 2009 and left the house immaculate having employed various companies to undertake a full clean. The house was then left empty for a week because the company employed to undertake the exit inventory could'nt be bothered to work christmas eve. We finally received the exit inventory on the 3rd week of January where it was stated that there was further sweeping and vacuuming required. Even though contractors and new tenants have since moved in. For this our landlord is requesting a fee of £140.00 to undertake this cleaning.Our landlord has also now notified us that he wants us to pay half for a venetian blind which had 2 bent slats and is now 5 years old for this he is requesting £125.00. Also he is demanding we pay the exit inventory fee of £100 even though we had no choice over who shhould undertake the job. It should be noted that the independant inventors share the same office as the agents who we originally let through.

We are now at a stand still as our landlord keeps demanding the fee of £365.00 and is now witholding our deposit of £1935 until we pay. Does any one have any advice or guidence on how to proceed?

Many Thanks

Link to post
Share on other sites
Thanks for all the replies!!!

Now gone up another notch but won't bore you guys with the details as obviously not interested and you can deal with your own a$£&hole landlords in the future.

Had just hoped that someone in a similar position could help.

Shame really as have recent experience of retrieving bank charges proved positive and reclaimed my money, but hey, ho won't share the info. And don't get sh**y - just asked a simple question for a simple answer and yet again ignored - just like landlords and letting agents!

Askie

 

Dear oh dear.

 

Pick your dummy up.

 

Had it not been for that post, I would have assisted.

 

Sometimes posts get lost in the mire, and a simple "bump" would be sufficient, not a pathetic dig at those who provide their advice for free.

 

I dont think we need your kind of info quite frankly.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Sorry Askie, unfortunately this forum is answered by people giving up there time, and in some cases people can be a bit on the busy side to start helping with a new thread.

 

I assume the deposit was protected by a tenancy deposit scheme? Firstly you should not have to pay a thing to have your deposit released, that is why the deposit is there to pay for damages.. so I would demand the remainder of the deposit back keeping it clear that you do not accept any of the charges outstanding. Inform them they have 14 days from the end of the tenancy to pay this amount.

 

Secondly to go after the remainder of the money, as the deposit should be protected by a TDS you can go to a tribunal over the disputed amount, make it clear that the property was a) professionally cleaned and provide proof it was b) the landlord is seeking betterment over the blind in which any damage caused for which you do not admit, for the age of the blind does not account to £120 c) Those that are conducting an independent exit inventory are not independent and therefore you do not agree with such a charge.

 

Put in writing demanding £1570 immediately and that you hold the remaining £365 in dispute and should the full amount of £1935 not be paid will take legal action against the landlord (not agent)

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites
Dear oh dear.

 

Pick your dummy up.

 

Had it not been for that post, I would have assisted.

 

Sometimes posts get lost in the mire, and a simple "bump" would be sufficient, not a pathetic dig at those who provide their advice for free.

 

I dont think we need your kind of info quite frankly.

 

I do fully agree with MrShed however, we offer our time and advise for free, its something most of us do to help the average consumer. We are more than happy to help, and yes a sufficient bump would have been more effective. Despite this I still want to help the average Joe and as such have posted above.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites

As usual blitz, many others on the forum are calmer than myself.

 

I dont give up my free time to help others to get that kind of reaction when we have DARED not to respond - there are plenty of other people more deserving of assistance.

 

At the end of the day I dont want people to kiss my **** for helping - I just expect a little bit of mutual respect, and some understanding of the medium they are using (i.e. a public forum supported by "volunteers"). If someone wants immediate response, then go pay a solicitor a three figure sum for half an hours advice - I'm sure they'll take it!

 

Fair play to you for rising above it where I think I have a personality issue causing me not to be able to :-D

 

*red rage dissipates* :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

To all who have responded please accept my apologies for my posting.

 

Unfortunately I had a particularly bad day yesterday dealing with our ex landlord and decided to drown my sorrows on the way home! My fault entirely and I hope you will forgive me (my other half hasn't yet!).

 

I do understand that everyone gives their advice and time to help others and this is particularly appreciated. I have used another similar forum in the past and successfully reclaimed some bank charges so I know they are invaluable.

 

Thankyou for your understanding and apologise once again

Link to post
Share on other sites
To all who have responded please accept my apologies for my posting.

 

Unfortunately I had a particularly bad day yesterday dealing with our ex landlord and decided to drown my sorrows on the way home! My fault entirely and I hope you will forgive me (my other half hasn't yet!).

 

I do understand that everyone gives their advice and time to help others and this is particularly appreciated. I have used another similar forum in the past and successfully reclaimed some bank charges so I know they are invaluable.

 

Thankyou for your understanding and apologise once again

 

Fair enough, apology accepted :)

 

What exactly exacerbated this situation then? We will see if we can help.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Hi Blitz,

Many thanks for your response and time.

 

Yes the deposit is held with a deposit scheme.

 

We have written to our landlord this week asking for the following information and have also copied the agent.

 

1. A full breakdown of the cleaning costs. (At present we have just had a piece of A4 with the words top up clean Total £140). The exit inventory stated light sweeping and vacuuming required so we feel this amount to be excessive. We have had quotes from other companies who have said the work should cost no more than £50. We have actually spoken to the original cleaning company who verbally confirmed they had been asked to do a full clean. They will however not put anything in writing unless the request comes from either a solicitor or the landlord

 

2. Quotes from his prefered blind seller for either a replacement blind or the replacement of 3 slat's

 

3. A copy of the tenancy agreement (we can find no trace of it) the only signed document we hold is a guidence letter. (My wife is mega organised - ask me what price a particular utility bill and month was over the last 10 years and I'll be able to answer you in minutes!) because they are claiming it is one of the clauses that we pay the £100 exit inventory

 

Things have been further complicated as originally we rented via an agent but when the landlord found out he had to pay an ongoing fee he decided he would self manage. Problems are now arising in that when its a job he doesn't want to do (i.e. deal with this) he bats it back to the agent. We now seem to be piggy's in the middle being told different things from different parties.

 

Response to date can be seen below from our landlord. We have received nothing from the agents. I have asterixed certain points and put a further explanation.

 

Dear XXXXX and XXXXXX

 

Thank you for your letter dated 8th February 2010

 

You appear to believe that I deal with contractual terms of your tenancy agreement - I do not - these are dealt with on my behalf by XXXXX and are an industry standard. * The letting agents immediately refer us back to the landlord

 

The blind - I have had blinds for decades, they don't wear out or deteriorate and I have therefore come to the conclusion that this blind was misused and is not the result of fair wear and tear.* An allegation. We were informed by the landlord and the letting agent that 5 years was considered a reasonable lifespan for a venetian blind. Also the new tenants are still using the blind and we have spoken with them as they kindly allowed access to photograph the "damage" and they have no complaints and still use it

 

You appear to have totally misunderstood the industry standard in relation to the blind. An article is deemed to have a "life" only in relation to the amount of money that can be claimed for that "life" i.e. after a 5 year "life" then no amount of money can be claimed. In this case, you had the blind for 26 months of its "life" of 4yrs8m (56 months) and therefore pay 26 56ths of its original cost £250 (approx £116.00)

 

I have incorrectly claimed from you £125 ( I regret the error but have not previously worked this out exactly) but would be willing to reduce this (should this be resolved without recourse to the ombudsman) to £100.00.

 

As for repairing the blind - I have spoken to XXXXX blinds and they indicate that the cost of replacing the slats would be nearly equivilant of buying a new blind. The blind needs to be correctly packaged and posted to them where they would basically take it apart and rebuild it. Should you wish to take this option I am happy for you to take the blind and deal with XXXXX direct.

 

I am truly sorry that we have come to this impasse. I believe I have always acted in your best interests when dealing with you e.g. clearing away the fallen tree and, when XXXXX agents reduced their fees to me by £900, giving you the benefit of £600 of that reduction.

 

I believe we can no longer communicate with each other unless you are willing to accept terms laid out by XXXXX agents with the reduced amount of £100 for the blind as discussed above.

 

You correct course of action, should you continue to dispute the costs, would be to go to the ombudsman to make the final decision.

 

Regards

XXXXXX

 

There has been no mention of the other 2 items we requested as this has obviously been batted back to the agents who don't want to be involved.

 

We have also had no opportunity to make good, we were told we could not attend the exit inventory and when we offered alternative quotes to make good they have been ignored.

 

When we have requested the information - once verbally and twice in writing it has been ignored by the agent and the landlord (apart from above)

 

We will write this weekend demanding the remaining undisputed amount of our deposit as you suggested but I am a little confused about the protected / unprotected deposit scheme. By requesting the remaining amount am I unprotecting the deposit money as its currently held by one of the schemes?

 

We have decided to go down the ADR route and will start compiling all our evidence over the weekend we were sensible enough to take pictures and retain all receipts.

 

If you have any further advice or comments please do let us know.

 

 

Our kindest regards and once again apologies for my outburst yesterday pressure and frustration culminating in booze and stupid behaviour! My wife and I are really suffering with this on top of moving into a house in need of full renovation (with only a log burner for heat, 18 month old twins and a nine year old acting like a 19 year old!!!! and a complete idiot of an ex landlord!!!

Link to post
Share on other sites

Just a couple of thoughts:

 

- Did you sign a full check in on moving into the property, describing conditions of items?

- Which TDS is the deposit held in?

 

Just for your information, the landlord has no obligation that you are present at the check out inventory, nor give you opportunity to make good dilapidations - indeed, the latter is generally accepted to be a very bad idea, as it grants tenants access to a property that they no longer occupy.

 

Once you respond with the above, I will advise further.

 

PS - dont give the outburst a second thought, apologies for mine also - some things just get me (overly) riled.

 

*runs to doctors for blood pressure test :D *

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Hi MrShed

 

Thank you for your understanding and think I'll need constant blood pressure testing after this as well!!!!

 

Yes we did sign the inventory on moving in and the house was left as it was found. The only comments on exit were a further sweeping of the porch and some vacuuming

 

On the exit inventory the blind was classed as damaged - no further description or information. As mentioned the blind has had 4 yrs 8 months use and we are talking about 3 slats being bent on the end after the string runner.

 

The new tenants are perfectly happy with it as it works fine when in the down position (which they are happy with) and you only need to adjust the angle of the slats. We however pulled the blind up and down on a daily basis

 

The deposit is registered with mydeposits

 

As another question. We moved out on the 23rd december 09 and I returned at 0830 on the 24th december to retrieve a small amount of rubbish left on the drive. As I finished loading the landlord turned up and entered the building to inspect and immediately started talking about external and internal redecoration and getting contractors in. I left but returned within 10 minutes with my wife and asked why he was entering the premises before the exit inventory was undertaken. He immediately responded with the agent giving him the keys and therefore access before the exit inventory - hence our question mark over the cleaning. We have one very unhappy cleaning company who are having question marks over their capabilities after someone has walked through with snowy and muddy feet!

 

We are sensible and caring people who don't like being taking advantage of. All we are asking is if there is any money to be owed that it is sensible and not disproportionate.

 

Desperately hoping you can help

Link to post
Share on other sites

I would reject there claim over cleaning costs, citing that he entered the property after the cleaning was done, and it was professionally clean. I assume you have invoices to say this. I would also reject the request for the blind, claiming it is from fair wear and tear, and is only cosmetically damaged and still serves its purpose in which the current tenants are happy.

 

You need to take this to the TDS tribunal service before any attempts at courts so that would be your next step

 

http://www.mydeposits.co.uk/tenants/tenant-disputeresolution.htm

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites

Hi blitz,

Many thanks for your advice. I'm going to start the process tommorrow and see if we can solve it through that course of action first. No doubt I'll be back on here shortly!!

I'll keep everyone updated as things progress

askie

Link to post
Share on other sites

You appear to have totally misunderstood the industry standard in relation to the blind. An article is deemed to have a "life" only in relation to the amount of money that can be claimed for that "life" i.e. after a 5 year "life" then no amount of money can be claimed. In this case, you had the blind for 26 months of its "life" of 4yrs8m (56 months) and therefore pay 26 56ths of its original cost £250 (approx £116.00)

 

The landlord is of course wrong on this. If you have damaged it and if it does have a 5 year life, he can claim 4/60 of the cost.

 

I am truly sorry that we have come to this impasse. I believe I have always acted in your best interests when dealing with you e.g. clearing away the fallen tree and, when XXXXX agents reduced their fees to me by £900, giving you the benefit of £600 of that reduction.

 

The tree sounds like it was his responsibility. Tenants are normally not expected to deal with trees or very large plants.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...