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View Full Version : Deposit dispute - Cleaing carried out before final check our report has been agreed



marass
23-09-2011, 10:00 AM
I have a dispute with the Agency/Landlord, after I have vacated the proporety a check out has been carried out (1st of september) during agreement between myslef and the clerk we have agreed that fridge and the oven needed cleaing, and he was happy with the rest, on that basis I have signed the report (which the clerk took with him, without give me a hard copy, which was to be sent later on). After recieving the final report (19th of September as he forgotten to send it straigh away) the report stated that more cleaning was required then it was agreed during the check out. I`m do not want to pay the full amount (£190), as I do not agree with was is said in the report, agency straigh away wants to take me to the DPS Alternative Dispute Resolution claiming that I have no evidence that in what I say is truth, and my word doesnt count - have I got any chance at the ADR?

Second thing is that check out report states that I have 10 working days (from the date I have recieved it) to make any changes to it if me or the landlord do not agree with it, but the agency has already cleaned the property on 20th (day after I have recived the check out report) and just sent me the invoice which will be deducted from the deposit, not giving me any time to challange it - can agencies/landlord do that?

Have I got any chance to reduce the cost of cleaning? I can agress with the cost for the fridge and the oven, but not with the rest.

regards
mark

Snorkerz
23-09-2011, 12:22 PM
Deinately - the burden of proof is on the agency/landlord. You don't have to prove anything.

Make sure in your ADR claim that you make it clear that the signed form was added to after you signed it.

Of course, the 'A' in ADR is alternative. You also have the option of refusing ADR and having the courts deal with it. The threat of that might make the agency see sense.

Have you spoken to the landlord about this? It is he who has the final say, not the agency.

ADR is free and should be quicker than the courts. The courts will cost you £50 - but if you win, it will be added to the amount the landlord owes you.

marass
23-09-2011, 12:39 PM
no, I have not spoken with the landlord, only the lady from the agancy, which constantly tells me that it is me who must provide the evidence, basiclly my word against (as she described) profesional clerk.

Just to add one thing, the property was cleaned before we have recived the check out report, and could have a look at it, if it is correct, can I use that as an argument over the deposit?

thanks for reply
mark

Snorkerz
23-09-2011, 12:51 PM
The agency is trying to bully you.

Talk it over with the landlord - the agency are merely his employees. If you don't have his details, it may be tricky. As a tenant, you have a right to those details (s1, 1985 Landlord & Tenant Act) but it's not so clear for ex tenants.

So far as you being able to look over it - well once the tenancy is over, you do not have a right to return. Thinking logically, they may have wanted it let the day after you left. However, as I said above if you agreed to and signed for a certain amount of cleaning, and that report was subsequently added to, then that is most unprofessional. Was the clerk an employee of the agency, or an independant clerk? Is the agency a member of an organisation like ARLA, NALS or TPOS?

marass
23-09-2011, 13:27 PM
The clerk was independent, as to which organisation the agency belongs to, I have no idea, there is no mention about it on their web page, and I don`t have any documents in front of me.

I`ll probably follow you advice and make ADR claim, worth a try.

The property has been sold by the landlord that is why we had to move out, and the funny thing is that thanks to us (tenants) who kept the place clean and tidy, the property got sold within a week, and eveybody from the agency was singing our praises for our help with it.
I understand that after the tenancy is over I have no right to return, but I do not hikn is if fair/correct to carry out the cleaining and then charge the tenant without even consulting and showing him the check out report.

thanks for help
mark