Help Req'd - Landlord and possible eviction

[kregrs]

They don't seem to be bothered about fair wear and tear, the screw in the cupboard door apparently was to be classed as fair wear and tear yet I'm still being charged for the screw and labour to fit it.

[kregrs]

Am I entitled to see the actual physical receipts or just a list of costs?

[kregrs]

One other query, will the 28 days run from the date of the end of tenancy or the date I handed the keys back, which is 4 days after the end?

[demon_x_slash]

Yes, you are entitled to see copies of the original receipts, as deductions have to be properly documented. Professional cleaning of carpets is usually a must at the end of a tenancy anyway, so I don't think you can really argue that, especially if you had a dog in the property. You should not be paying for the screw and labour as this would be wear and tear - get your witness to back up your agreement with the landlord that he would fix this as part of his general duties. 'Fraid I can't help with the '28 days' question

[kregrs]

Right, have finally had the deposit returned, minus deductions. This in itself was a nightmare, with the letting agents claiming to have paid direct into my bank a/c, but not showing in my a/c, until the agent cancelled the original transfer and paid in cash straight to my a/c.

 

The deductions are as follows :-

 

1) End of tenancy visits charge (Discounted) £58.75

2) Cleaning required to property £169.20

3) Gardening £50.00

4) Pet deposit £100.00

5) Rent £19.56

6) Key cutting £07.00

7) Transfer fee £25.00

 

Total £429.51

 

Deposit returned £570.49

 

Copies of receipts are due to supplied.

 

Now, I have a few queries regarding these charges. £169 seems a lot to charge for cleaning, bearing in mind it is a reasonably small house, 2 upstairs rooms and bathroom, lounge, hall and kitchen, with all rooms apart from main bedroom and stairs being vinyl flooring, which brings me to the next point, the pet deposit. This was supposedly kept to cover having carpets cleaned but seems a lot considering the only carpets are stairs and main bedroom. I fail to see how it can cost £100 to clean the carpet in a room measuring approx 15 x 12 (ft) and the stairs carpet, considering there was no furniture or anything to be moved, just a simple cleaning of the carpets.

 

The gardening I assume relates to them having the grass cut, but I have also noticed that the bush in the front garden has been removed and don't see why I should pay for that, as it seems to enhance the look of the front of the property.

 

The key cutting relates to the fact that I had the door locks replaced, at my own expense, after a problem with them. I had 3 keys supplied with the locks, 1 of which was given to the landlord who in turn had another cut to give to the estate agent selling the property, so it seems I am paying for that as well.

 

Does anyone agree with the end of tenancy visit charge?

 

And finally, the transfer fee. Does anyone know what this is? I had thought originally it was because I had asked for the money to be telegraphically transferred to my a/c, but since it was dealt with originally from their a/c to my a/c ( bank at the same bank as them ) and then paid in cash to my a/c I can't see why it was charged.

 

Has anyone got any views on any of this, as I have 'lost' nearly half of my deposit (£900 + £100 pet deposit).

 

I intend to go back to the letting agents with these questions tomorrow but thought I'd forst get other peoples opinions on them, and also to see if anyone had any other points I can raise with them.

[demon_x_slash]

As I said before, all deductions have to have receipts/invoices to back them up. The cleaning could easily have come to £170 if the landlord used a professional company, as they charge for labour plus cleaning materials plus their profit on top - you still need to see an invoice for this to prove it though. If the landlord did it himself, then the hourly rate of £9.25 comes into play, plus a bit extra for cleaning materials. Same with the garden; however, you could argue that cost if all that they did was mow the lawn. Query the removal of the bush - could it not simply have been trimmed at the same time as the lawn was mowed?

 

'Pet deposit': if this was for carpet cleaning, again, you need to see an invoice/receipt. They can't arbitrarily charge a random amount just for having a pet, unless this was part of your tenancy agreement. If it's not in your agreement, and was not for carpet cleaning, again, you need to query it.

 

Unfortunately, if you changed the locks, you would be liable for the cost of cutting another key for the landlord's agent - unless - you mentioned that you had 3 keys cut - one for you, one for landlord - where did the third one go? You could supply the third one to the agent. If the original locks had three keys, and you've returned three keys for the current lock, then they haven't incurred a loss. It may not be worth arguing this, though, as it's one of the smallest amounts on the list.

 

Transfer fee? Got me there Ask them about it. Remember, you want everything explained to you and documented before you agree to any 'further' deductions.

[Flitwick landlord]

I am not a lawyer but, IMHO, I would do the following:

 

1) Request that the balance be paid back immediately.

 

2) Get them to itemise what each of the items cost

 

3) Check the tenancy agreement and state (in writing) that the bond/deposit is only intended to cover the cost of delapidations (assuming it is).

 

4) Write to them to agree (if you do) to the items such as cleaning and grass cutting and then say the other charges are disputed. This will show any court that you are being fair.

 

HTH

[Flitwick landlord]

It looks like you have already done some of what I commented on:

 

Now, I have a few queries regarding these charges. £169 seems a lot to charge for cleaning, bearing in mind it is a reasonably small house, 2 upstairs rooms and bathroom, lounge, hall and kitchen, with all rooms apart from main bedroom and stairs being vinyl flooring, which brings me to the next point, the pet deposit. This was supposedly kept to cover having carpets cleaned but seems a lot considering the only carpets are stairs and main bedroom. I fail to see how it can cost £100 to clean the carpet in a room measuring approx 15 x 12 (ft) and the stairs carpet, considering there was no furniture or anything to be moved, just a simple cleaning of the carpets.

 

This does not seem overly high. If they have had a professional company come in and all they are doing is passing on the cost to you, all you can do is suggest they use a cheaper cleaning company but I feel you have to pay it!

 

The gardening I assume relates to them having the grass cut, but I have also noticed that the bush in the front garden has been removed and don't see why I should pay for that, as it seems to enhance the look of the front of the property.

 

Gardening would be grass cutting. I take your point about the bush but IMO it would be hard for you to prove that this was included in the fee or that it was done at all. As harsh as it may seem you may just have to pay this.

 

The key cutting relates to the fact that I had the door locks replaced, at my own expense, after a problem with them. I had 3 keys supplied with the locks, 1 of which was given to the landlord who in turn had another cut to give to the estate agent selling the property, so it seems I am paying for that as well.

 

First mistake was to do it at your own expense. You should have pestered the LL or their agents until it got done. Having had it done, it was the LL's responsibility to ensure that their agent got a copy of the new key. You should dispute this charge IMO.

 

 

Does anyone agree with the end of tenancy visit charge?

 

Totally disagree with it - challange it!!

 

And finally, the transfer fee. Does anyone know what this is?

 

Not a clue what this is. Challange it and see what they say. You are within your rights to ask for clarification.

 

Hope my feedback helps but got some professional advice even if just from CAB.

[kregrs]

Right, a week later and I am still waiting for them to supply any receipts for work done. Regarding the grass cutting, the garden in question is only 12ft x 15ft, used to take me 30mins max to cut the grass, and whoever done the job only cut the grass, didn't clear up any cuttings etc, so £50 for 30mins work?

 

Also, if a deposit is there to cover dilapidation, then surely taking money out to cover other costs is wrong? ie, visits, key cutting etc, as they are not items that need repairing/remedy and should be billed to me as opposed to taken out of the deposit?

[kregrs]

Today received the receipts requested, although I have actually only been given 3 receipts.

 

1) An unnamed receipt for removing a bush, fixing the cupboard door and cleaning the toilet?. £50 for 1.75hrs work.

 

As far as I'm aware, the bush removal wasn't my responsibilty, it was there when I moved in and its removal enhances the appearance of the property. The cupboard door is fair wear and tear and as for the toilet, could limescale stains be classed as fair wear and tear?

 

2) A receipt for the cleaning from an independant company for £169.

 

3) A receipt for having 2 keys cut.

 

So out of all I have been charged for the only charges I agree with are the cleaning.

 

Would I be right in thinking I can ask for the following back -

 

1) The pet deposit, as no receipt for carpet cleaning has been received -£100

 

2) The gardening work, cupboard repair and toilet cleaning - £50

 

3) The key cutting - £7

 

4) The transfer fee, funds were paid in cash and not TT as requested - £25

 

5) End of tenancy visit - £59

 

Total £241

 

I was originally charged £430, of which I only agree with £189 (cleaning and 1 day extra rent)

 

Can anyone advise as to whether I am correct? if not, which charges are ok etc. And what would be my next course of action?

[kregrs]

One other question. My copy of the tenancy has my signature on every page (14 pages) but my inventory is unsigned. I don't remember signing an inventory but would I be likely to have a copy of a signed inventory if I did? Just curious as my copy of the tenacy has my sig on it.

[kregrs]

Could someone have a look at this and advise on whether it is ok to send to my ex letting agents re my deposit deductions?

 

Thankyou for your reply, unfortunately I have a few queries regarding the receipts and invoices and therefore dispute the amount deducted from my deposit.

Firstly, the 1st receipt states that I was charged for the cutting back and tidying of bushes in the front garden. there was only the one bush which has since been removed, how can I be charged for its removal? Secondly, also listed on the receipt is the repair of a cupboard door, this was fair wear and tear and hence not my reponsibility.

Thirdly, the transfer fee that was discussed with me was to transfer telegraphically the deposit into my account. This was not done, as following a phone call from yourselves it was confirmed that the money had been paid in over the counter.

Fourthly, my pet deposit was withheld on the basis that the carpets needed cleaning, yet I do not have a receipt or any proof that this was carried out. It has been over a month since the tenancy ended, ample time to gather and supply all the receipts as requested/

Finally, please could you advise as to why the charges for vistits to the property were taken from my deposit, I understand that the purpose of a deposit is to cover rectification of any repairs needed to bring the property back to the standard it was in when the tenancy was taken on.

Please would you also supply me with a copy of the inventory from the beginning of the tenancy.

 

 

Any input would be much appreciated,

 

Thanks

[kregrs]

On whether this is ok to send to my ex letting agents regarding the deductions from my deposit?

 

Thankyou for your reply, unfortunately I have a few queries regarding the receipts and invoices and therefore dispute the amount deducted from my deposit.

Firstly, the 1st receipt states that I was charged for the cutting back and tidying of bushes in the front garden. there was only the one bush which has since been removed, how can I be charged for its removal? Secondly, also listed on the receipt is the repair of a cupboard door, this was fair wear and tear and hence not my reponsibility.

Thirdly, the transfer fee that was discussed with me was to transfer telegraphically the deposit into my account. This was not done, as following a phone call from yourselves it was confirmed that the money had been paid in over the counter.

Fourthly, my pet deposit was withheld on the basis that the carpets needed cleaning, yet I do not have a receipt or any proof that this was carried out. It has been over a month since the tenancy ended, ample time to gather and supply all the receipts as requested/

Finally, please could you advise as to why the charges for vistits to the property were taken from my deposit, I understand that the purpose of a deposit is to cover rectification of any repairs needed to bring the property back to the standard it was in when the tenancy was taken on.

Please would you also supply me with a copy of the inventory from the beginning of the tenancy.

 

 

Any input would be much appreciated,

 

Thanks

[Esio Trot]

Letter looks fine to me, but it needs some extra information.

 

There is an important aspect that you need the answer too as this will decide your current and future action.

 

How is the deposit held: as stakeholder or landlords agent? This is important. Study your tenancy agreement. If it says landlords agent, then all litigation and responsibility will rest with the landlord. If it is silent, or says stakeholder that the deposit is held on your behalf in trust.

 

If it is held as stakeholder and you get nowhere you sue whoever holds the deposit - which in your case is the agent. For safety, name the landlord as co-defendant.

 

Many agents do not realise the significance of the word Stakeholder. It means that they are the impartial holders of money, and have a duty of fairness to both parties.

 

Find out how your deposit is held, then make reference to this in your letter: "I understand from my tenancy agreement that you hold the deposit as stakeholder. This means that you hold the money on my behalf in trust and it places you under a duty of care and thus accountable for all deductions."

 

If landlords agent, then you will need to word your letter differently.

[kregrs]

Following on from my recent saga to obtain receipts from my previous Letting Agent, I asked them for a copy of the inventory signed by myself. They have provided a copy, via pdf, but unfortunately I cannot find my signature on it. Where do I go from here? The LA has stated that as far as they are concerned it is now the end of the matter. If anyone with some knowledge of what I should do wishes to have a look at the inventory, I'm happy to email a copy to them, but as its pdf I'm told I can't upload it?

 

I also have a copy of an addendum of the pet deposit, for which they refuse to produce receipts for carpet cleaning, and say that unless I can prove the carpets were cleaned proffessionally then it is non refundable, again if anyonw wishes to have a look I can forward it on to them.

 

My main concern is the inventory though, if, as it seems to be unsigned (or they refuse to provide a signed copy), what do I do next, and what could I expect to acheive?

 

Any help greatly appreciated,

 

Thanks

[kregrs]

Anyone?

[kregrs]

Could someone just confirm whether this is an ok reply to send to my ex LA regarding return of deposit/inventory?

 

 

Thankyou for your prompt reply. You state that you feel this is the end of matter, unfortunately I do not feel this is the case. You were asked to provide a copy of the signed inventory, which whilst you have provided a copy of an inventory for Brackenwood Crescent, it is not a copy of an inventory signed by myself. I have been advised that without an inventory signed by myself you have no basis on which to make any deductions from my deposit, as there is no proof that the property was in any worse state when left, than it was when the tenancy was taken on. If you do have a copy of an inventory agreed with, and signed by myself, at the beginning of the tenancy, please supply this as previously requested.

Please be aware that unless you are able to provide me with a copy of the signed inventory as previously requested numerous times, that I dispute the deductions made from my deposit and require you to return the balance of the deposit within the next 7 days. If you are unable to supply the requested document and do not return the balance then I shall not hesitate to take action via the small claims court to recover the money from yourselves.

I trust that you will give this matter your prompt attention.

[Esio Trot]

... You were asked to provide a copy of the signed inventory, which whilst you have provided a copy of an inventory for Brackenwood Crescent, it is not a copy of an inventory signed by myself. I have been advised that without an inventory signed by myself you have no basis on which to make any deductions from my deposit ...

 

A signed inventory is not necessarily a requirement. You may have been provided with a copy at the start of the tenancy, and it may have listed both contents, fixtures and fittings, and the condition thereof. If you were given the opportunity to comment on this and failed to do so, provided that the LA has evidence of providing the opportunity (which you failed to act upon) you are on weak ground as the copy provided would be deemed extant.

 

Consider the above and you may wish to amend your letter.

[kregrs]

I was not given the opportunity to comment on it. On the day that I signed the tenancy I was given an envelope with various bits of paperwork in, including the inventory but no mention was made of the inventory at all. So no opportunity was given to comment on it. I was only going on the advice given in other posts.

[1rnold]

Hi

I am leaving my rented on 27.09.07 and been told by letting agent they need keys back by 11am. I had to pay extra deposit because of my dog but it does not state this anywhere in rent agreement. the landlord wants to come with the letting agent to inspect the property and i can see that this is going to be problematic as i did not want to enter into a row over deposit return and unfair repairs, basically i don't think there is anything apart from cleaning the carpets as i have only lived in the property for 6 months and did not even unpack boxes as i was in-between houses.

Why do people think just because you have a dog & kids, there is an automatic right to not return deposits ? I think the landlord wants to come himself wth letting agent as, when i moved in the next-door neighbour rang the landlord as they must have been friends otherwise how get the landlord number, to comment about my dog/the number of kids (i have shared access of my little girl and a son living with me full time) and visitors (which i felt was unfair as they are my family visiting me). I could tell by the letting agents vioce when I challenged him about the landlord calling (at 7pm for this pre-checking out visit on3/9/07) as being unreasonable time taht he was fed-up with something which I don't know what as I pay in advance my rent. They even want to charge me an additional 4 days rent until the end of sept whilst my tenancy ends on 27/9/07 .

Dreading this and doubt i will have the energy to fight back.

Reeta

[kregrs]

I had an addendum? to have my dog, cost an extra £100 deposit. Part of the agreement was that I have the carpets professionally cleaned at end of tenancy, which I done myself. As far as I'm concerned, this was done proffesionally as, being a car valeter its part of my job, I'm a proffessional (some might disagree lol) so no problems, or so I thought. I've lost the deposit, was given the excuse that the carpet needed replacing, don't agree with this so LA and LL have just opened a can of worms regarding the condition of the carpet when I moved in and charging me for its replacement.

[kregrs]

Hi, I'm hoping some of you can give me some advice on an issue I'm having with my landlord.

 

We took on the tenancy of a 19th century cottage on 16th June 2007, and at the time both myself and my partner were not working, claiming benefit and the landlord was made aware of this and that we would be making a claim for Housing Benefit. Despite numerous requests, we didnt receive our tenancy aggreement until the middle of October, by which point my circumstances were about to change due to me finding a job, because of which, both mine and my partners claim for Jobseekers finished. Now, I know we can claim for backdated benefit, and there is the possibilty that we may be able to get help with the rent due to only having 1 income, but until today we were unable to get the forms in. We couldn't claim whilst we were on benefit due to not having the Tenancy aggreement, and no rent has been paid apart from the 1st month when we moved in. After numerous conversations with the landlord, and telling him that we were trying to sort the situation, tonight we had a notice through the door explaining that he is now going to apply for us to be evicted. Some of what he claims on the form is untrue, namely that we have both worked since the tenacy was started and that we have boasted that we have no intention of paying the rent, the first we have proof that it is untrue, the second we don't know where he got that from, but it does say on the form that it is what we have told him.

 

Does anyone have any pointers on what to do?

 

Also, since we moved into the property we have had problems with it. Firstly there is a major rat problem, they have nests in the shed walls!, shed ceiling, under the shed, under the gas tank, in fact we have counted signs of at least 15 nests! Landlord was told of this, he supposedly told council and all blame was passed to next door, a kind of small holding. As an example of how bad the problem is, next door have, over the past few weeks managed to trap and kill at least 40 rats per week, although we still have the nests, and despite the landlord promising to deal with the problem, nothing has been done.

Secondly, there is a gas fire in the fireplace, the chimney having been blocked up in the past with concrete and newspaper with an outlet for the flue. Over the past few months the concrete/paper mixture has been falling out, and we suspect, by the noises that are heard, that there may be creatures living in the chimney breast. Again this has been mentioned but no remedy given.

Thirdly, on looking in the loft, there are 2 holes in the roof, and rodents living in the loft, with a lot of mess visible. Again nothing has been done despite us informing him.

Fourthly, after a pipe burst on the water meter, until we made a fuss, the landlord expected us to live without water for upto 48hrs while he made arrangements for repairs, instead of calling for emergency help. Problem being there was no water supply to the house due it being turned off because of the leak.

Fifthly, despite asking for the key to the front door, we have yet to be given one, as such we only have access through the back door. Also, the front door frame is rotten, with daylight visible through the bottom, again this has been reported but no remedy given.

Both my partner and I, and her parents, feel that the house isn't really fit to be rented out, how can we find out if this correct, who would we need to contact?

 

Any ideas on how best to proceed, and would any of this go in our favour should we need to attend court?

[Grid66]

Hi, I probably can't offer too much advice on how to proceed as I only recently started looking at tenants rights but my problem may well be a course of action for yourself.

 

My problem is related to my agent not protecting my tenancy deposit. (here's the thread http://www.consumeractiongroup.co.uk/forum/tenants/120764-obtaining-court-order-tenancy.html)

 

Now during investigating this it appears that if your landlord hasn't protected your deposit as specified in the Housing Act (C.34) he cannot serve you with an eviction notice. So did you pay a tenancy deposit?

 

Hopefully someone else can comment whether this is a reasonable course of action, but I thought it may well be relevant to your situation.

[kregrs]

That seems an interesting point, can someone clarify this for me? And would I be entitled to see any proof that this had been done?

 

One more thing, the house has gas central heating and a gas fire, does there need to be a safety certificate, and if so, should we have a copy of it?

[kregrs]

Just to add, the above isn't a case of us not wanting to pay our rent, we needed the tenancy agreement to sort out HB, in its absence we were given a form for the Landlord to sign, which despite a lot of phone calls and text messages to him, he refused to come and sign. We didnt have his address, all we had was his phone number.