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EduardoBianco
25-02-2008, 09:32 AM
Hi all,

Thanks to those who have helped me in the past.

Since moving out of a property that I lived in for 5 years in November 2007, we are still having disagreements regarding the deposit.

The LL has received quotes through the Letting Agency for cleaning etc and to be fair has deducted some money from these before advising what he intends to deduct. We countered this claim through the Letting Agency (we thought the quotes were high considering 5 years fair W & T). The LA replied with a threatening letter advising that the LL is not budging and if we don't settle, then we could be taken to SCC and be charged for loss of rent. Apparently when we still lived there people viewing were put off because of the condition of the house. Up until we left the LL was doing work on the house and we have photo evidence of almost every window in the house wither being without curtain pole or with wallpaper hanging off/damp etc. Surely this would be as offputting as anything we could have done - shouldn't viewers be advised that the place will be professionally cleaned? I honestly think we treated the place well - although it wasn't a palace.

More to the point the LA has insisted that if it went to SCC then they would get statements from people who have viewed it to use against us. The actual property is listed on the company website as being available at the end of Feb 2008, so don't see how they could charge us for loss of rent.

Myself and my brother have had to settle on original offer by LL as we have been informed that to go to the SCC would cost us more than the deposit dispute (before a verdict is reached).

Is there anything to do to complain about the LA. Their bias towards the LL and the lack of communication has been quite disgusting. For them to bring in the threat of being sued for Loss of Rent on a property which isn't available yet and not even mentioned in the deposit deduction letter is quite sickening in my eyes. Or am I being bias myself?

Thanks as always for any advice.

Colincbayley
25-02-2008, 09:37 AM
Two points I can make.

1) The LA is an agent of the LL not yours, so should be working for LL's interest.

2) It will cost you nothing in legal costs to go to the small claims court, it would only cost you the amount awarded if you lose Plus the court fee.

EduardoBianco
25-02-2008, 09:50 AM
Two points I can make.

1) The LA is an agent of the LL not yours, so should be working for LL's interest.

2) It will cost you nothing in legal costs to go to the small claims court, it would only cost you the amount awarded if you lose Plus the court fee.

Thanks Colin. Point one is quite unsurprising considering. I do feel hard done by though because as tenants that never had any complaints, looked after the place and paid rent on time there seems no-one to help fight our corner.

We were certainly advised that there will be costs involved in going to SCC regardless of outcome.

Are we legally within our right to ask for copies of the quotes that were submitted when what's left of our deposit is returned? I may be being a bit cynical here, but I can just see the LL and LA clinking champagne glasses together when all this is over.

Colincbayley
25-02-2008, 09:53 AM
Are we legally within our right to ask for copies of the quotes that were submitted when what's left of our deposit is returned?

Yes, as a matter of course they should provide you with a FULL breakdown of the costs/reasons for deductions together with receipts.
As good practice they should also provide you with the alternative higher quotes that they obtained for the works. ( In real life they wont )