Return of deposit issue - letting agency uncooperative and deceitful

[Embla]

Hi all, my husband and I would really appreciate your advice on the following problem. I'm really sorry about the length, I was just trying to be thorough:

 

Prelude:

We vacated our flat on the 16th of August, after living there for 3 years (our lease started August 17th 2007). The contract did not require professional cleaning so we cleaned it quite thoroughly ourselves. When we realized that we wouldn't be able to rent a carpet steamer and clean the carpets in time, I called the agency which said that if cleaning would be required it would set us back about a 100 pounds. The following day someone came to do the inventory and I as I was present I learned from her that the carpets probably would need to be done and cleaners might have to be called in to remove (a) some cobwebs (which were in the ceiling over the stairs and I simply couldn't get to them, not for lack of trying), and (b) some burnt on grub that we weren't able to get off the grillpan inside the oven - and something I would think may just be "fair wear and tear". Aside from these things the house was at least in as good a state as when we moved in, if not better. So we pretty much expected to hear from the LL about deducting at least the carpet cleaning, if not a little extra.

 

Well, the 10 working days mentioned in our contract (and prescribed by our TDS) pass without us hearing anything from the LL or LA. So on 2. September I called the LA to see about our deposit, as they were the ones who had originally received the deposit for safekeeping. The lady I spoke to was quite rude and would not give me any information whatsoever, and much less advice on my position considering the "deadline" had passed. All she would say was that they needed permission from the landlord to release our deposit and they had nothing to do with it nor had any further information as the property was not managed by them.

 

Following this exchange my husband called the LL, who was a bit taken aback by this and promised to contact the LA. After not hearing anything for a few more days and writing a couple of emails that went unanswered, we again called the LA and finally got the name of their property manager. He finally got back in touch with us today saying that the landlord wanted to make some deductions and that we had to deal directly with the LL as the agency did not manage the property. So today my husband called the LL again. Apparently the LL had also received a call today from the LA asking for the release of our deposit but that he was unable to do so due to a dispute he was having with them. According to him, he had given the LA explicit instructions not to do any work on the property until he had inspected it after our departure. Despite this the LA called in a cleaning company the same day as the inventory was done (i.e. on the 17th) and now there was an outstanding bill (which he had not yet received) for cleaning done on the carpets, kitchen and bathrooms. And as he did not know how much this had cost he could not yet let the deposit go.

 

Now, our questions are as follow:

(a) What are our rights regarding the fact that notice of deductions was not given within the contractual period of 10 working days?

(b) Since the LA went against the express instructions of the LL and ordered the (largely unneccessary) cleaning of a property they do not manage, can the LL be considered to have incurred any costs at all?

© Considering that the agency in question has been nothing but unhelpful and deceptive in their dealings with us despite their (I believe) legal duty to safeguard the interests of both parties, do we have grounds to make a formal complaint to ARLA?

(d) Any other ideas on our best course of action in retrieving our deposit?

 

We've always gotten along well with the LL so it would be a shame to stick him with an unfair bill, but having to aggressively chase after our money has caused us considerable trouble and financial hardship as we expected at least most of our deposit to be returned by now. And if I were the LL, I would refuse to pay the cleaning bill anyway - and I cannot see why he would be required to do so!

 

Thanks in advance for your time and advice! This is the first time we have let in the UK and I have to say we're baffled beyond words by the bureaucracy of it all!

 

Best regards,

Embla

[Embla]

Could someone please give us advice? We got a very dodgy call from the LA today, stating that there "would be deductions made" for a cleaning bill. I immediately contested this, saying that the only cleaning we were prepared to accept was for the carpet. The LA immediately replied that it was in fact "only" for the carpet. "Okay" I said, "and how much did that cost?" The girl from the LA asks me to hold while she checks, then comes back on the phone and says she will need to call me back with the information. Needless to say, no-one called back.

 

I feel like they are really trying to take us for a ride here, hoping that we would just accept their deductions without even knowing how much they were and what for.

 

Surely there must come a point after which there can be no claim for any deductions if not already made in writing (and substantiated by bills)??? Could the LA conceivably call for the release of the deposit from the DPS with out our knowledge and approval (with the result that we would have no recourse to action aside from the courts)??

 

Please help! I don't trust these guys and the whole mess is stressing me out!!

Edited September 10, 2010 by Embla
Adding another plea for help...