mark
01-08-2005, 20:33 PM
My daughter has just ended a six month furnished let in a new 'ish' flat in
centre of Birmingham. She paid a deposit of £700 originally (to letting
agent) plus monthly rent thereafter.
The landlord has placed a bill for £720 for damage, loss of furnishings and
cleaning of property. The main bulk comes from a damaged worktop which is
to be replaced.
My daughter disputes all of the amount, the damage and even the cleaning as
she is particularily meticulous about how she lives and maintained the
property extremely well, frankly.
She is absolutely categorically insistent that the worktop was in the exact
same condition when she moved in.
The landlord on two occasions at the start of the tenancy told my daughter
he had NEVER been in the appartment from new (it's about 3 years old) and
that he had let it previously to other tenants.
When she arrived, there was an excel spreadsheet left on a table with
quantities which were wrong, items that did not exist but no reference to
the state of the property or the furnishings.
She packed everything into boxes and stored them during her stay, preferring
to use all of her own belongings. She informed the agent at the outset of
the discrepancies. No signatures either way were given as to the state,
condition or quantities of furnishings and fittings.
The agent is now proposing to return the £700 to the landlord and my
daughter has, by recorded delivery written to both the agency and the
landlord disputing all of this money.
The landlord has not responded and the agency plans to pay the landlord
within the next 7 days.
My question is can she prevent the agency from doing so? Can she insist the
agents 'hold' the money until the dispute is resolved or arbitration (by the
Residential Landlords association...?) is undertaken?
If so, what does she need to do? If not, how should she pursue the matter
in the knowledge that £500 would soon be gone with a solicitor..
Also, is the agent working for just the landlord or for the tenant as well?
Any comments helpful
Mark
centre of Birmingham. She paid a deposit of £700 originally (to letting
agent) plus monthly rent thereafter.
The landlord has placed a bill for £720 for damage, loss of furnishings and
cleaning of property. The main bulk comes from a damaged worktop which is
to be replaced.
My daughter disputes all of the amount, the damage and even the cleaning as
she is particularily meticulous about how she lives and maintained the
property extremely well, frankly.
She is absolutely categorically insistent that the worktop was in the exact
same condition when she moved in.
The landlord on two occasions at the start of the tenancy told my daughter
he had NEVER been in the appartment from new (it's about 3 years old) and
that he had let it previously to other tenants.
When she arrived, there was an excel spreadsheet left on a table with
quantities which were wrong, items that did not exist but no reference to
the state of the property or the furnishings.
She packed everything into boxes and stored them during her stay, preferring
to use all of her own belongings. She informed the agent at the outset of
the discrepancies. No signatures either way were given as to the state,
condition or quantities of furnishings and fittings.
The agent is now proposing to return the £700 to the landlord and my
daughter has, by recorded delivery written to both the agency and the
landlord disputing all of this money.
The landlord has not responded and the agency plans to pay the landlord
within the next 7 days.
My question is can she prevent the agency from doing so? Can she insist the
agents 'hold' the money until the dispute is resolved or arbitration (by the
Residential Landlords association...?) is undertaken?
If so, what does she need to do? If not, how should she pursue the matter
in the knowledge that £500 would soon be gone with a solicitor..
Also, is the agent working for just the landlord or for the tenant as well?
Any comments helpful
Mark