Been a while since I rented but aren't landlords supposed to place your deposit into one of three authorised schemes ? I seem to recall my last landlord tried this sort of nonsense, I asked him which scheme he's put my deposit in to which he replied he hadn't and I then advised that he had broken the law (I think) and the possibilities for him were much worse than having to give me my grand back.
Might be worth checking your deposit has been protected.
My landlord hired an estate agency to deal with the tenancy as he is based in the South. My deposit is indeed with a third party.
The agency are saying they cannot authorise the release of this deposit until we've agreed that the flat is okay.
It's annoying, as I'm not a slob, and have a slight OCD issue. So I know full well it's fine. Even on the closing inventory, all was well. Apart from the odd scuff mark etc, which is general wear and tear?
I've had something similar with a landlord in the past. It really depends how quickly you need the deposit back. If you can afford to wait, you can dispute it and take it to an impartial adjudicator. If you need it sooner, it may be easier to negotiate with the landlord through the estate agent, and see if you can agree on a smaller deduction.
Do you have any evidence of the condition the flat was in when you moved in?
My sister is going through a dispute atm with her ex landlord. All depends how quick you want the deposit back. If you need it ASAP then you will have to swallow it and agree a fee or get it cleaned yourself. If you can afford to do without it for a few months then stick it out and raise an official dispute. Whatever you do, do not agree to partial refund or anything along them lines. DO NOT give your DPS code over until there is a resolution that you are happy with or can swallow. And DO NOT give your code to the estate agent, do it yourself. Any title with AGENCY or AGENT is not to be trusted
Ask them to demonstrate they deep cleaned a receipt or condition report. As a landlord (just my old flat) cleaning is nearly always an issue because tenants standards are nearly always lower when they are leaving than when they are arriving. Still i explicitly specify that this is done before they arrive and take a payment upfront for the clean when they leave then no arguments.
I can sympathise with you on this as I have both owned & rented properties & can honestly say I have had to leave a rented property in better condition than any of the properties I've sold.
First rented property I spent a couple of hours hovering & cleaning the bathroom, kitchen etc only for the landlord say it was not good enough. My ex-wife used to be married to a squaddie (yes, she had been married before but that's for another time) and had cleaned various military housing so knows how to really get stuff cleaned so I paid her £100 & she spent 6 hours cleaning the cooker,fridge,freezer etc. until you could see your face in them.
Last place I rented was above a pub & I was lucky the landlord owned both as was happy to get the cleaner of the pub to clean my flat for just me in exchange for £30.
To me landlords want tenants to act as cheap labour to keep their "investments" sparkling new & don't want to have to spend any of their time or money themselves.
Well I looked at closing inventory. Throughout it said light dusting on skirting boards. Which is my bad I guess. But the inventory stated:
"ESSENTIAL WORK PRIOR TO NEW TENANT = None RECOMMENDED WORK = small regrouting in bathroom & de scale if of taps."
Nothing else. All the tenancy agreement states, us that the carpet must be shampooed, which I can arrange for £45. Out of curiosity I got a quote for a full clean and shampoo for £125!!
So, do I: a) go back to agent and state the inventory is fine, and tell them I will dispute with the DPS or b) go straight mot DPS, request my deposit and then explain why I'm disputing
sounds like you are being mugged, if it isn't in tenancy agreement then it cannot be enforced, clearly dilapidations will probably form part of agreement but if you have kept it in good order and the agreement only stipulates carpet cleaning then recontact the landlord and make offer to arrange that with maybe an inspection before and after..
I had in a tenancy agreement that carpets and the oven should be professionally cleaned once. Not much harm there. You will only need to do above and beyond cleaning if it is stated in the agreement. deep clean, carpet clean etc If not then a normal clean is acceptable. Dispute it all the way.
Just noticed you said he ia due to sell it. Definitely dispute it. He will have hopefully sold it by the time it drags on and when you know he has sold the place, then state you will get your own contractors in to professionally clean it. Whoops, you can't. He doesnt own the place anymore. You win
I had a similarish issue a while back. Landlord wanted to take £600 off me. I wrote to him suggesting a neutral third party (code for court) would find his £600 request unreasonable, however I'd be willing to pay £300 to settle things to end matters straight away. Did the trick.
Maybe try something like that, meet halfway, it should end matters quickly, it's not as if either of you will want this dragging on for the sake of a few hundred quid.
sounds like you are being mugged, if it isn't in tenancy agreement then it cannot be enforced, clearly dilapidations will probably form part of agreement but if you have kept it in good order and the agreement only stipulates carpet cleaning then recontact the landlord and make offer to arrange that with maybe an inspection before and after..
Excuse me mad dad can you answer your inbox messages and or sponsor dinner thread?
I had a similarish issue a while back. Landlord wanted to take £600 off me. I wrote to him suggesting a neutral third party (code for court) would find his £600 request unreasonable, however I'd be willing to pay £300 to settle things to end matters straight away. Did the trick.
Maybe try something like that, meet halfway, it should end matters quickly, it's not as if either of you will want this dragging on for the sake of a few hundred quid.
True. But I am willing to pay the carpet clean bill, as it's binding. I think he's just trying to make me pay for something I don't need to. Luckily my father in law, owns branches of estate agents in SE London & Kent and he said the landlord trying to pull a fast one...
sounds like you are being mugged, if it isn't in tenancy agreement then it cannot be enforced, clearly dilapidations will probably form part of agreement but if you have kept it in good order and the agreement only stipulates carpet cleaning then recontact the landlord and make offer to arrange that with maybe an inspection before and after..
Excuse me mad dad can you answer your inbox messages and or sponsor dinner thread?
If the deposit is protected with the DPS as you say then request the release of the deposit by putting your code in. Make sure you state no deductions (assuming that's right?).
If the landlord doesn't agree it will go to arbitration. If it goes that far then the DPS will make a decision by looking at the inventory and check out reports. They will then see if the landlord is being fair with any charges he is making (he will be asked to show 2-3 quotes).
It sounds to me that the inventory and check out reports are, if what you're stating is correct (I've no reason to doubt you!), pretty much clear and the decision will be made in your favour.
Also make sure the selling agent is aware of the dispute and ask them to make the necessary solicitors aware (get proof) also as they will not want to complete the sale with this dispute in tow, or at least it will make the landlord uncomfortable.
In pretty much the same position. Unfortunately for me, I took tenancy two weeks after the flat was built, so it was absolutely spotless. I left a mark on the carpet (bike chain) that I couldn't get out, and didn't have time to clean the oven (was in DC literally until the day before I moved out). Agreed that I'll pay for the carpet, and the oven.
Letting agents are still trying to pull a fast one - trying to charge me for leaving five coat hangers in the closet and saying the flat needs to be 'professionally cleaned'. Lying pricks. Just remember, letting agents=estate agents=thieves.
Comments
They due to sell it this month. So some part of me thinks they just want me to pay for their expense!!!
Might be worth checking your deposit has been protected.
The agency are saying they cannot authorise the release of this deposit until we've agreed that the flat is okay.
It's annoying, as I'm not a slob, and have a slight OCD issue. So I know full well it's fine. Even on the closing inventory, all was well. Apart from the odd scuff mark etc, which is general wear and tear?
Thanks for your help all.
Do you have any evidence of the condition the flat was in when you moved in?
All depends how quick you want the deposit back.
If you need it ASAP then you will have to swallow it and agree a fee or get it cleaned yourself.
If you can afford to do without it for a few months then stick it out and raise an official dispute.
Whatever you do, do not agree to partial refund or anything along them lines.
DO NOT give your DPS code over until there is a resolution that you are happy with or can swallow.
And DO NOT give your code to the estate agent, do it yourself.
Any title with AGENCY or AGENT is not to be trusted
First rented property I spent a couple of hours hovering & cleaning the bathroom, kitchen etc only for the landlord say it was not good enough. My ex-wife used to be married to a squaddie (yes, she had been married before but that's for another time) and had cleaned various military housing so knows how to really get stuff cleaned so I paid her £100 & she spent 6 hours cleaning the cooker,fridge,freezer etc. until you could see your face in them.
Last place I rented was above a pub & I was lucky the landlord owned both as was happy to get the cleaner of the pub to clean my flat for just me in exchange for £30.
To me landlords want tenants to act as cheap labour to keep their "investments" sparkling new & don't want to have to spend any of their time or money themselves.
now i understand why they killed lanlords during the cultural revolution
3rd parties holding deposits? procedures for dealing with disputes? what luxury!
another example of me realising what lessons have been learned over time in the uk
Well I looked at closing inventory. Throughout it said light dusting on skirting boards. Which is my bad I guess. But the inventory stated:
"ESSENTIAL WORK PRIOR TO NEW TENANT = None
RECOMMENDED WORK = small regrouting in bathroom & de scale if of taps."
Nothing else. All the tenancy agreement states, us that the carpet must be shampooed, which I can arrange for £45. Out of curiosity I got a quote for a full clean and shampoo for £125!!
So, do I:
a) go back to agent and state the inventory is fine, and tell them I will dispute with the DPS
or
b) go straight mot DPS, request my deposit and then explain why I'm disputing
???
You will only need to do above and beyond cleaning if it is stated in the agreement. deep clean, carpet clean etc
If not then a normal clean is acceptable.
Dispute it all the way.
Definitely dispute it.
He will have hopefully sold it by the time it drags on and when you know he has sold the place, then state you will get your own contractors in to professionally clean it.
Whoops, you can't. He doesnt own the place anymore.
You win
Maybe try something like that, meet halfway, it should end matters quickly, it's not as if either of you will want this dragging on for the sake of a few hundred quid.
Sorry to interupt. Hope you get money back.
If the deposit is protected with the DPS as you say then request the release of the deposit by putting your code in. Make sure you state no deductions (assuming that's right?).
If the landlord doesn't agree it will go to arbitration. If it goes that far then the DPS will make a decision by looking at the inventory and check out reports. They will then see if the landlord is being fair with any charges he is making (he will be asked to show 2-3 quotes).
It sounds to me that the inventory and check out reports are, if what you're stating is correct (I've no reason to doubt you!), pretty much clear and the decision will be made in your favour.
Also make sure the selling agent is aware of the dispute and ask them to make the necessary solicitors aware (get proof) also as they will not want to complete the sale with this dispute in tow, or at least it will make the landlord uncomfortable.
Good luck.
I will dispute with DPS tomorrow and advise the letting agent (as I do not have the landlords contact details - agent wouldn't give them to me!)
Thanks again all
Letting agents are still trying to pull a fast one - trying to charge me for leaving five coat hangers in the closet and saying the flat needs to be 'professionally cleaned'. Lying pricks. Just remember, letting agents=estate agents=thieves.