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Letting agents scum

brix_kitty

brix_kitty

minority of one
Just a rant really... it's been 3 weeks since I moved out and I have neither received my deposit back (6 weeks rent!!) nor been given any indication of how much they want to deduct. The person dealing with me went on holiday for a week :rolleyes:, then they spend a week blaming the landlady (waiting for "approval to release the deposit") but now they've decided they want to replace the whole carpet in the front room because of a very faint iron-shaped burn mark in one corner (dropped iron, immediately picked up, hardly noticeable) - I'm happy to pay a contribution for this (but not the whole amount cos it wasn't a new carpet) but they're taking another week to get a quote from their contractor etc etc etc. The burn mark was noted in the inventory check-out report so no idea why they waited over 2 weeks before doing anything about it :mad:

Anyway, I've said if they haven't sorted it by the end of the day, I'll raise a dispute through the company holding my deposit. If I do this, is it likely I would just get the whole amount back? They are also supposed to take off the cost of the inventory check-out but again haven't told me how much this will be. Anyone had any experience of using the dispute process? Any other ideas of what I can do? Shit through the letterbox is looking tempting right now ;)
 
brix_kitty said:
Just a rant really... it's been 3 weeks since I moved out and I have neither received my deposit back (6 weeks rent!!) nor been given any indication of how much they want to deduct. The person dealing with me went on holiday for a week :rolleyes:, then they spend a week blaming the landlady (waiting for "approval to release the deposit") but now they've decided they want to replace the whole carpet in the front room because of a very faint iron-shaped burn mark in one corner (dropped iron, immediately picked up, hardly noticeable) - I'm happy to pay a contribution for this (but not the whole amount cos it wasn't a new carpet) but they're taking another week to get a quote from their contractor etc etc etc. The burn mark was noted in the inventory check-out report so no idea why they waited over 2 weeks before doing anything about it :mad:

Anyway, I've said if they haven't sorted it by the end of the day, I'll raise a dispute through the company holding my deposit. If I do this, is it likely I would just get the whole amount back? They are also supposed to take off the cost of the inventory check-out but again haven't told me how much this will be. Anyone had any experience of using the dispute process? Any other ideas of what I can do? Shit through the letterbox is looking tempting right now ;)
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When I went through a dispute with the deposit company, it took 3 or 4 months and I got the entire amount back. But that was because the landlord could offer no evidence. (no photos of before i moved in).

It looks like you have an agreement with the landlord about the damage. But the amount is in dispute. The deposit company should be able to work out what is fair.
 
http://www.consumeractiongroup.co.u...-Deposit-dispute-average-useful-lifespan-data

Another thread that might be of interest. Are the carpets otherwise in good or heavily worn condition? If they are worn to buggery then that helps your case; if the landlord should reasonably be expecting to replace them around this time then you can argue your contribution should be much smaller.

The dispute service is supposed to be very reasonable but you should expect that it will award some of your deposit to your landlord.

You might be able to persuade into agreeing without using the dispute service, which isn't a bad idea. If they've breached the terms of the contract signed then that's a strong position to argue from.
 
We used the dispute service when the letting agents charged us £50 for wiping a few surfaces. We got half of it back. I still harbour a strong desire to smash a few letting agents shop front windows.
 
The carpet was described was "slightly worn" in the inventory check-in report two years ago so definitely not brand new but yeah I guess it depends on how long they reckon the life of the carpet would have been. Although is it worth arguing that the mark doesn't make the carpet unusable?

I'm more pissed off about the amount of time it's taking - the letting agent's own website says that they will inform tenants by 10 working days of the deduction amount, which they have failed to do by a week so far - and their don't-give-a-shit attitude towards the fact that this is MY money that they are withholding for NO reason. I haven't heard from them since Tuesday lunchtime and looks like they are now ignoring my emails...
 
We went through a dispute and got every penny back :cool: The landlord had wanted the whole lot!

I seem to remember they can't charge you for a new carpet - they can only charge for a new carpet minus how ever many years old it was for example.
 
The landlord cannot charge you for the whole cost of an equivalent replacement carpet as that would be "betterment", but only what it was worth undamaged at the end of your tenancy. A tenant's deposit is not a new-for-old insurance policy. A burn-mark is damage. Damage caused during your tenancy. It doesn't matter whether the carpet is still usable or not. You will be expected to compensate the landlord for the useful life you have deprived him of the item. The onus of proof of their claim will require documentary evidence, not some fanciful, magic made-up number. I would argue that the expected life of an average-quality carpet in a rental property would be five years. For top-notch quality, ten years.

The delay in informing you of how much the landlord is wanting to deduct from your deposit could be due to getting contractors in to give quotes.

In the meantime you should get onto the deposit-protection scheme's website and claim the whole of your deposit back right away. If the landlord wants to make a deduction they can put their claim in. The undisputed amount will be returned to you pending you negotiating with the landlord or their agent. The scheme's arbitrators will expect you to attempt to reach an agreement with the landlord before decide to go to arbitration.
 
The agent replied yesterday saying the quote was £280 but they couldn't get hold of the landlady to discuss how much she wants to deduct :rolleyes: They seem to think they are doing me some kind of favour by not just charging me the whole amount... I replied offering 20% (£56) based on the age of the carpet but said I would raise a dispute if I haven't heard back by the end of today.. no reply so down to the dispute service now.
 
They've now sent me a letter listing the deductions (total cost of carpet replacement, £280, plus the check out fee), and have said that I have to sign their agreement and send copies of my last utility and council tax bills. They say I have to sign this, with a note to say it's disputed, even to get the undisputed amount back... I don't want to sign anything (don't have access to a printer for a start!) and all my bills were online. Should I have to provide any of this to get the undisputed amount back?
 
Send them a letter back and keep a copy. You are not prepared to accept a deduction from your deposit for the total cost of the carpet. Your deposit is not a new-for-old insurance policy (use those precise words). You are only obliged to compensate the landlord for the useful life of the carpet that you have deprived them of. In your opinion, judging by the quality and the age of it, you are not willing to pay more than 10% of the replacement cost.

Utility providers and the council don't provide receipted bills and you are therefore not in a position to provide them. if any bills are unpaid, they are in your name, so no liability can pass to the landlord. You give them the outgoing meter readings and that's it.

It is normal practice for the landlord to pay the agent to carry out the check-in and the outgoing tenant to pay for the check-out. This should be stated in your rental agreement.

Meanwhile get onto the deposit-protection scheme's website and claim the whole of your deposit back NOW!
 
Regarding the bills, you don't need a printer. Download a pdf or do a screenshot.
I had trouble getting the correct final date on a bill when I last moved. Utility call centre agent asked what difference one day would make and I suggested he try making that argument when he stays at a hotel.
 
The deposit people won't contact them until they put a claim in for part of your deposit. You then decide to go to arbitration if you and the landlord can't reach agreement on the amount they are claiming. Meanwhile you get the undisputed amount.
 
I've successfully got most of the deposit back in similar situations, by going to the holding agency. Generally they take your side unless the landlord can offer good enough evidence to demonstrate why they should withold any money. This is where the fact that letting agents are generally useless works in your favour, as they will probably not be able to produce this evidence, not having done their job properly when you signed the contract.

In our case, the inventory was a shambles but they'd lost the copy which we'd actually signed, anyway.

And the photos they produced were all out of focus and no good for anything.

So we pretty much got all our money back.
 
Bob_the_lost said:
Nudge

Any news brix_kitty
Click to expand...
It's still with the dispute people.. I got the undisputed amount back from the agent this week so just waiting to see what will happen with the £280. I asked if the fact that it took them 5 weeks to give me the undisputed amount can be taken into consideration at all, they said they would add it to the evidence. Will update when I hear from them, fingers crossed!
 
Heard back from the dispute service, they have awarded me £224 and the landlord £56, which I guess is by no coincidence what I offered her 2 months ago. From the report, it doesn't sound like they submitted any evidence apart from the quote for £280. Happy with the outcome but a little bit miffed that they weren't penalised at all for messing me around for so long.
 
5t3IIa said:
I just opened a dispute with my ex-LL. Not pleased to hear they don't penalise (cuz he's a massive rude twat) but with his improper protecting of deposit and no inventory I hope to get it all back :hmm:
Click to expand...

So even after all that shit you went through with the building fuck up he tried to deduct from your deposit? What a fucking wanker!
 
sparklefish said:
So even after all that shit you went through with the building fuck up he tried to deduct from your deposit? What a fucking wanker!
Click to expand...

Innit! 'Mess' in the garden, apparently :D And chuntering about "As you know, I can hold this for 4 weeks [no, you can't:confused:]. You have to prove you've cancelled all utilities before I can etc [no, I don't:confused:]". Twat.
 
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