Letting agents problems and DPS deposit

Hi all,  
I am having significant problems with the letting agents with regards to getting my deposit back for a flat I previously rented. My deposit is with the DPS, and I have rejected the offer the letting agents are willing to pay back. Thay are only offering me a third of a substantial deposit back.
A brief description of everything is that I was due to take a flat, but upon arriving down south on the day I was scheduled to move in, they said the flat was not ready. I was then offered another few flats and took the nicest of the bunch. However, the flat was extremely dirty when I moved in.
An inventory was done detailing the general condition of the place etc describing this. After the inventory was done I demanded the casrpets be cleaned whilst I was away with work. They were, but not very well. They inventory I had signed, of which I have an original copy, was then al;tered and a new one sent to me.
Anyway, upon leaving the flat I absolutely scrubbed the place and left it much cleaner that the original condition. The previous tenants, through a source, were given a full dps deposit back, despite leaving the place a dump. I now feel, that they are trying to recoup money from me for the state the flat was originally in.
Furthermore, they are claiming that I must pay for a new m,attress, whcih is years old(and described as being in poor condition in the original inventory), despite me only using it for 5 months. Surely I am not liable for the end of life of the mattress.?Furthermore, there were two lights described as being out of order in the original inventory.Theynever had bulbs in them and are claiming 30 for two bayonet cap bulbs that were never there.
They have offered to try and settle it before I reject the offer they have made with the dps. But I sincerely doubt they will move. I have photos of the original condition and the condition I left it in and am now of mind to let the DPS adjudicator deal with it, despite their decision being final.
ANy advice on how to deal with these monkeys.
Sorry for the ramblings, but I do not have internet access and will not be able to post for a few days.
 It is the landlords responsibility.
They are also claimimg 30 to move the mattress, 145 for cleaning the place, despite it being much cleaner than the original inventory and a whole host of other ****e.
Last thing, the original inventory was more general in describing the condition but  the check out one is far more detailed. Is this not unfair?
I will also be making a complaint to ARLA.

They'll fold quickly if you phone up and tell them you have photos of before and after and you're not going to just bend over and take it.  Failing that the DPS favour the tenant and you have more than enough evidence that the agent wouldn't stand a chance.  If you feel like having some fun go into their office at a very busy time and make enough of a fuss that other customers notice, that'll panic them

Useless agents are an absolute pain in neck, both from a landlord's perspective and from a tenants, so please do name and shame them.

My Journal

It's really unfair.

Unfortunately letting agents tend to have a policy of clawing back as much of a tenant's deposit as they can for whatever spurious reason they can conjure. They regard your deposit as their bonus.

I'm afraid all I can do is commiserate. They are scumbags. Fight them and keep us posted.

Not good news mate.  I've got a £1200 deposit down and starting to think now that I won't get it all back for whatever reason.

Also just got a letter from my letting agents - saying if I want to extend my contract past the 12 months coming up in May I need to pay a processing fee of £35 + VAT = £40.25.  This is company policy apparently.  Not much money but still, says nothing of this in my contract or any letters I'd previously received.  Takes the p1ss a little bit IMO.

mcl

Good post mouser! 

Hope this works out for you mate, my deposit of £450 is due back on Monday and I'm dreading having problems!

SUC Journal

I am ****ing raging to put it mildly. I had to initiate the process with the DPS as they could not be bothered. I nearly exploded when I saw the offer of repayment they made despite me scrubbing the flat to within an inch of its life.
I am now buying a property as all the crap I have had to put up with just infuriates me.
I asked to be present at the check out inventory and they said ok, but never answered my phone calls to ascertain when this would occur. They then went ahead without me. What also makes things worse is that the original inventory was lost, and had to be redone afeter I had actually cleaned the flat. But this inventory does detail severe staining to the carpets and marks to the walls.
Furthermore, one of their monkeys fixed the bedroom wall during the year and painted part of it with a shade that does not match the original colour. In the check out inventory it details paint marks to the wall and they are claiming that it will have to be repainted at my expense!
They whole thing is laughable,yet I am burning with rage.

Does anyone else want some of my hard earned cash? How about I pay you to take it. 
One of the things i have noticed is that they reduced the monthly rent by £75 a month as they cocked up my original flat. The money the are claiming back is very similar to this!
 

JohnKerr2


It's really unfair.

Unfortunately letting agents tend to have a policy of clawing back as much of a tenant's deposit as they can for whatever spurious reason they can conjure. They regard your deposit as their bonus.

I'm afraid all I can do is commiserate. They are scumbags. Fight them and keep us posted.

^^This.  One of the places I rented was an absolute S-hole when I moved in - filthy carpets, paint everywhere, except strangely the walls.  It took a lot of work to get it fit for human habitation.  When I left I left the place immaculate except that I forgot to clean the top of the cooker, which I accepted I had.  They wanted to make a £120 deduction for this.  Took a lot of work to knock this down, together with mentioning video footage from the day I moved in and the day I moved out.  Parasites.

I decided I was a lemon for a couple of weeks. I kept myself amused all that time jumping in and out of a gin and tonic

http://www.ugm.org.uk

14 March, 2009

Dear Sirs,

This letter is to inform you that I reject your offer of settlement with regard to the return of my deposit ref: **flat address/letting agent reference**.

As you are aware, the flat was let to me in poor condition. This was documented in the original inventory.

The flat is being returned to you in significantly improved condition.

As I hope you are aware, being letting agents, the tenant's obligation is to deliver up the property in good condition. Exception is granted where, by mutual consent, an inventory, which can be taken to form part of a general schedule of conditions, is drawn up.

Such an inventory was drawn up and you should have a copy. I have mine.

Therefore, such anomolies as expecting me to pay for a new mattress when the initial inventory clearly identifies it as being in poor condition cannot have legal standing and will be disputed fully by myself and my agent.

Furthermore, your intention to recoup monies for items which were recorded as broken or not working in the original inventory does not have legal grounding - your attempt to launch an over-priced claim for two bayonet cap light bulbs being one such example.

And I reject, wholly, your intention to make me pay for sub-standard painting workmanship carried out under your instruction. Your issue regarding non-matching paint schemes is between yourself and the painter - the two parties within that contract.

There are numerous instances of case law, which have ruled in favour of the tenant, regarding such issues above.

I now ask that you either amend your offer fully in my favour or justify in accordance with law, and in detail, why you feel you are entitled to withhold part of my rent deposit.

Your letter will be forwarded to my legal representative.

I have dated photographs and an independent witness to call upon should the need arise in order to prove my case.

I await your reply.

Yours faithfully,

Mr *****

“Self-education is, I firmly believe, the only kind of education there is.” Isaac Asimov

Go faster, age slower.

Ha I love letters like that!

SUC Journal

I've rented three private properties in the past.

One was from a scumbag of a landlord, one from a scumbag of an agency and one from an absolute gent - who even knocked the rent down when my then g/f lost her job. He also used to insist we ate at his Italian restaurant free-of-charge. He was just a totally, thoroughly decent man.

A landlord who is human and not a **** is worth his weight in gold.

“Self-education is, I firmly believe, the only kind of education there is.” Isaac Asimov

Go faster, age slower.

Good letter. I hate when companies try to shaft the little people!

'Do not mistake my politeness for weakness' Ian 'The Machine' Freeman

I am a letting agent and i dont make a habit of claiming on deposits unless absolutely necessary I also use the DPS for my deposits. Contact the Agency with the above letter but also add a bit in about insisting on the case being taken to the Alternative Dispute Resolution Service (ADR) and allow them to decide the split.

If the inventory is as you said and you have pics they will not have a leg to stand on.

We have a couple of agencies in my town who are a nightmare when it comes to ripping off tenants and in my own favour i have aided at least 3 people in ensuring they are not ripped off!

"When you can't see the angles no more, you're in trouble."

Selecta


I am a letting agent and i dont make a habit of claiming on deposits unless absolutely necessary I also use the DPS for my deposits. Contact the Agency with the above letter but also add a bit in about insisting on the case being taken to the Alternative Dispute Resolution Service (ADR) and allow them to decide the split.

If the inventory is as you said and you have pics they will not have a leg to stand on.

We have a couple of agencies in my town who are a nightmare when it comes to ripping off tenants and in my own favour i have aided at least 3 people in ensuring they are not ripped off!

I'd argue against ADRS insistance at this stage mate - it just gives them another avenue to slide off up.

The letter I wrote above is designed to show them that getting cash from the tenant will be a protracted event as they'll be asked to justify their actions quoting relevant law each time - a) they won't know it b) it'll take too much time c) if they don't comply with the tenant's "reasonable request" for justification, that will turn an adjudicator or judge against them from the off.

Adding in an ADRS avenue only lets them avoid spending a lot of time in JUSTIFYING their actions.

“Self-education is, I firmly believe, the only kind of education there is.” Isaac Asimov

Go faster, age slower.

Hi righty,
Just a quick note of thanks for your succinct letter. I only get to post here once a week, hence the late reply.
With regards to the letter, I had no response whatsoever. After calling the letting agents it became apparent that they had only glanced at it. When I called, they actually thought I was a new tenant for the flat. Utter clowns.
I have taken a log of this and other communications with them. It is now going to the ADR, and I am currently awaiting the letting agent presenting evidence.
Does anyone have any tips with the ADR?
I am compiling a photographic logbook to invalidate their ridiculous claims. I will also be attaching the letter sent and the email read response from it.
I better get my money back.

Shazam!
Got the full deposit back, after sending out the world's longest and most expansive dossier. Photos, call logs, the works.
So, up yours Martin and Co. Utter Charlatans.
Adjudicators verdict was the best thing I have read in months.
Will never use a letting agency again. Time to buy.
Happy days!

Nice result mate

Nice one mate.
Shove it up them.

“Self-education is, I firmly believe, the only kind of education there is.” Isaac Asimov

Go faster, age slower.

Happened to me and my wife when we were renting once.

The flat was a pit when we started renting and hadn't been cleaned properly from the last tenants and over the year of living there, we decorated cleaned carpets, tiled etc etc without wanting or expecting the agency / landlord to pay.

Come departure, my wife cleaned from top to bottom, the place was spotless.  When the agency staff came around to peform a check, they found no significant problems and commented on how nice the place looked.

2 weeks later we received a letter and cheque for only half the deposit with an explanation that they were charging us a few hundred notes to clean the place.  Needless to say, we were livid.

I arranged a meeting with the agency manager and had to sit through her explaining to me that according to her staff, the place was dirty and needed significant cleaning....

Luckily, the wife is a lawyer so the next day she got her firm to write them a letter threatening court action.  Cheque for full amount came a couple of days after that.

cowards

I'm a Pharma Company's bitch

martin and co are a franchise as far as I know

I will never be set free as long as I'm a ghost that you can't see.