Return of Deposit

[Jase1982]

Hi all, I'm due to leave our property at the end of March after living there for 4 years.  For those four years we have had two cats (agreed with the landlord) living in the property.  Out of the blue the lettings agent have told us that we need to have the property fumigated.

I feel this is an unnecessary step as both our cats undergo regular check ups and are flea protected.

Can I please have some advice on whether this is normal, as different lettings agents seem to have different ideas of what is a requirement and what isn't.  They have stated that there is a provision in the DPS regulations as fleas can lay dormant.

This is the first I have heard of this expectation and there's no provision for any fumigation upon our exiting the property within the tenancy agreement.

[honeybee13]

What does your lease say about when you leave, Jase? And did it have anything similar about when you moved in?

 

HB

[Jase1982]

Hi, theres nothing in the lease referring to fumigation. They make reference to us having been granted permission to have two cats at the property, but that's all the paragraph states.

I've looked on the DPS website and read the guidelines, and there doesn't appear to be anything in there about pets other than if there has been evidence they had caused any damage to the property, or had defiled the property.

There is a bit I'm there about cleaning, but all that means to me is that the onus is on us to leave the property as close to how it was when we moved in.  Taking into account the length of time we have been in the property.

I've said to them that having the property fumigated is unnecessary,  but they're still referring to the DPS guidelines.

 

Edited March 2, 2019 by Jase1982

[The Carpet Cleaners]

What is normal after having pets in a property is to have the carpets professionally cleaned, and have the carpet cleaner use a flea treatment solution. this ensures that any eggs etc are neutralised, and has always historically been good enough for any end of tenancy... Just make sure that the cleaner marks it on the receipt that flea treatment has been included.

[Jase1982]

That sounds fair, although we have wood laminate flooring throughout most the house... the only part of the house where we have carpet is the stairs and landing.  All the furniture is ours too.

Neither cat are allowed anywhere near the upstairs either as we have a three year old.

I have settled on getting it professionally cleaned before we leave but surely fumigation is over the top?  Unless there are signs of a serious infestation.

Edited March 2, 2019 by Jase1982

[ericsbrother]

are they asking you to arrange it or are they sating they are going to do it and charge you? There is a big difference so read your tenancy carefully and then you wont have to pay for something that isnt necessary or contractual. i agreee that spraying as part of a deep clean and getting that signed off is a smart move as it will save money and aggro

[Jase1982]

They are saying I need to either arrange for fumigation, or they will.  If they do it, it'll come out of the deposit.

The tenancy agreement has nothing in there that covers when we leave.

I don't mind the aggro.  At the end of the day we don't have very much money and this move is costing us an arm and a leg.  I just wanted to know if it was normal to request separate fumigation.  We could end up losing a third of our deposit if they want the place turned into a show room.

I don't think it's unreasonable to expect a certain standard after living there for four years, and I don't see why we should pay so that they can make even more profit.  If they want to clean it professionally they can.

[Sparxeh]

Ask them to provide a source within DPS guidelines, where fumigation is required and an allowable Landlord deduction?

Also ask they outline where within your Tenancy Agreement that fumigation is required upon exit and at your cost?

Bottom line, if it's not in your agreement then they can go swivel. Chancers

Edited March 5, 2019 by Sparxeh

[Jase1982]

She's now trying to argue a weak legal point, in that we had no allowance in our contract for two cats so we have broken the agreement.  This is despite her admitting we already had an agreement (via the landlord's words) to have cats in the property, and a hard copy agreement (that I have), which they have conveniently misplaced.

 

Does renting have to be this hard?  If there was no agreement why have they let it pass after four yearly inspections.

 

She's gone off to speak with the DPS about their guidelines.  The same guidelines she was initially adamant provide for the allowance of fumigation upon leaving a property.  Honestly, they need to give lettings agents more training because they don't know what they're talking about, and you could drive a tank through their agreements.

[Jase1982]

Hi,

 

Has anyone got any advice for what my next step might be with obtaining a return of my deposit?  I requested return via the DPS on the 28th March.  We physically left the property on the 30th, and the keys were handed back on the 1st of April, which is when the checkout inventory was carried out.

 

The agent came back and said they would need to review the checkout inventory first before making any deductions.  My worry is that the guy doing the inspecting said that he would do a final inspection and advise us of any issues that might cause us to lose any of the deposit (This inspection took place about a month before we moved out).  He only listed one thing we needed to address along with general advice about mowing the lawn and trimming the hedges.  When we received the checkout inventory it contained a lot more detail with at least ten things listed as the tenants responsibility.  Obviously I would imagine they would look to charge for these things as we are now not in a position to remedy them.

 

I've not heard anything from them since last Tuesday, and I know they have to return the deposit within ten days - Is there any advice on what my next step should be?  When would the ten days elapse?

[ericsbrother]

10 days after the end of the tenancy so if that finished on the 31st then it will be by tomorrow close of business

[Jase1982]

Thanks for the response - What would I do if I again hear nothing?

[ericsbrother]

you ask and if they dont respond you follow the procedure laid down in law.

That meand that you have to look up all about getting your deposit returned under the TDS and follow the protocols. It may be a court matter but better to try all other menas first so start off with a letter requesting payment forthwith.

Who is holding the deposit? a scheme or the LA under a trade association sign off?

[Jase1982]

Hi, it's all sorted now.  They came back late yesterday and only claimed £156 for fumigation costs, which I raised another thread about.  I accepted the fumigation cost just to move on because there were other areas they could have easily shafted us over - We decorated for instance.  It did seem odd they fixated on the one issue that was inconsequential, and ignored other areas they had a clear right to deduct monies.

[honeybee13]

Thank you for the update, Jason, that sounds like good news.

 

I've merged the new thread with the fumigation one, as you have several threads about this tenancy.

 

If you let us know when you've had the deposit refunded, we'll change your thread title to show the result.

 

HB