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Unfair deduction from Deposit


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Hey,

 

I have just received word from my former estate agents advising me that the landlord at my previous property has deducted £70 from my deposit as a cleaning bill due to the state of the place when I left.

 

I spent three days cleaning this small one bedroom studio flat (which was more than enough time to be honest) and the place was spotless, witnessed by a friend (for re-assurance).

 

I believe the landlord is attempting to profit from my deposit, which I know is against the law, though I would appreciate some advice as to my approach to this.

 

I know my first step is writing to the agents. Can anyone suggest any legislation that I can quote to illustrate the seriousness of my complaint or provide any 'tried and tested' lingo that has helped them overcome this frustrating situation?

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Did you take any photographs before you left the property?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Have they sent you a bona fide copy of the cleaning bill? If not ask for one with a breakdown of all the alleged cleaning that has supposed to have been done.

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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I didn't take photos. I take it this is where my action comes to a close.

 

Not at all, you have a witness. I would send an LBA and then file a claim if you get no response after 14 days.

Halifax plc

 

LBA sent 11/01/06

Rec'd fob off letter 21/01/06

Last ditch attempt phone call to avoid court action 07/04/06

Reply rec'd 07/04/06 'On this occasion we are unable to help you'

Claim filed 19/04/06

Claim acknowledged 28/04/06

 

SETTLED IN FULL 11/05/06

 

 

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  • 2 weeks later...

Hi

 

This happened to me at my last rental property. The owner said there were a few marks on the walls (yes, coal marks, it happens when there is only a coal fire for heating), yet he expected the whole wall to be painted. He also wanted all the carpets professionally cleaned and started trying to hire a very expensive company to do this even though my dad was offering to clean it with his own equipment.

 

As my dad paid the rent for me, he had an interest in getting his deposit back. He said he wished he had stopped the final rent payment as leverage. In the end, he argued and argued with the owner, and was about to threaten to have his rental earnings checked by the Inland Revenue, when he backed down and we got the deposit back, MINUS the interest it ought to have accrued unfortunately.

 

The rental agents in our case were totally unhelpful and if anything, did anything they could to keep the owner sweet. After all, they would be wanting to act on his behalf in the future! I spoke to a friend in litigation who said a deposit cannot be released to the owner without the tenant signing something first. So if there is a dispute over the deposit, it remains secure in a stakeholder account. Something like that anyway!

 

hth abi

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