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jamesss
01-08-2005, 13:59 PM
I recently moved out of a student house and am concerned that money has been taken from my deposit for cleaning that may not have taken place. During the last week I cleaned the house thoroughly, including carpets ovens, and other appliances. My contract ended on June 3oth and I left and returned my keys on July 1st. I saw the new tenants moving in as I left that morning, giving no time for professional cleaning work to have taken place. Would it be out of order for me to ask the current tenants if any work was done later on or should I simply request proof from the landlord? The money was taken from my deposit so is that legally my money and does the landlord need to prove how it has been spent? Also if the matter went to a small claims court could I be penalised for not leaving on the 3oth June?

I understand that my contract may give some answers but I don't have a copy and the landlord would charge me to see it. I don't know if this is standard practice, he assured me it was but I did have reservations at the time and regret agreeing to that.

zoe
01-08-2005, 15:54 PM
the LL cant take any money from the deposit without your agreement.

he does have to provide receipts if you want them

you should not be peanlised by leaving two days late, that would be a seperate issue for the courts.

the LL cannot charge you to see your contract. were you ever given a copy ?

Paul_f
01-08-2005, 17:04 PM
I don't think he moved out 2 days it's just the keys wer handed back after the final day of his AST. To answer his questions in more detail:


You should have been given a copy (and are entitled to one) of the AST when you went into the property, if not then the landlord might find it extremely difficult to be able to deduct anything if challenged.
You are as Zoe says, entitled to see all receipts for any deductions.
You were entitled to know in advance the likely cost of such deductions by way of a written estimate.
If your deposit was held as "stakeholder" the landlord cannot deduct anything without your express permission (you will and should, see a copy of your ASTwhich the landlord must give you if he is to sustantiate his claim to see if it was held this way).
If he fails to comply with your request (I would make it a demand!), then give him 7 days to return your money and then sue him in the small claims court if he fails to do so. Judges do not like unscrupulous landlords so he is likely to find it a bit of a problem believe me!
The Housing Act 2004 is designed to protect you from such landlords but unfortunately will not come into force until July 2006 at the earliest!