AST Agreement fine points RE deposit deductions

[Dougal89]

Hi All,

 

I’ve created this post in the search for some answers on a few finer points of my AST Agreement that has recently ended. The LL/LA has come back to me requesting £378 of charges for cleaning and gardening. In my opinion I have left the flat in a clean and tidy condition so much so that the pictures taken on the day of me moving out have been used online to show new tenants! However, the two points I am curious to have answered are:

 

1. My moving in inventory states that “although untidy at the beginning of the tenancy the garden is to be completely tidied shortly after move in therefore must be tidy at end of tenancy”. Whereas my AST Agreement says “To keep tidy..as at commencement of the tenancy”. Can an inventory be used to state terms different to the AST Agreement? Also I have never had a copy of the check in inventory and the copy of the check in inventory i received from the LA isn’t signed by me.

 

2. My AST Agreement states that “the Agent must tell the tenant within 14 working days of the end of the tenancy if they propose to make any deductions from the deposit”. The LA took 18 working days to notify me of the deductions from my deposit. I have spoken to a local housing charity who said that this doesn’t hold much weight. If this is the case how come this term is included in the AST Agreement?

 

Any help would be much appreciated

[raydetinu]

The easiest way to sort is to contact the deposit scheme, (which you should of done when you moved out ) and raise a dispute which they will look into. and resolve providing you and the LL agree to it.

Any monies not in dispute must be returned to you within 14 days of you moving out.

[Steve__M]

For point 1. was the garden actually tidied after you moved in. If it was the landlord may need proof such as a receipt.

 

Is there a break-down of how they have come to £378. If not, request one as it is hard to dispute if they are not being specific.

 

For point 2. missing the 14-day limit is not going to make a difference if you have not really financially lost out as a result. The term sets a time-scale beyond which you are entitled to take action such as writing letters and issuing claims.