Letting agents problems and DPS deposit

Re:Letting agents problems and DPS deposit (Wheels)

Sat, 07 Nov 2009 15:53:41 GMT

rightyho

Glad it was useful, mate.
He billed you for a door wedge? LMFAO.
Now you have your cash back:

Dear Landlord,
Many thanks for amending your claim in my favour.
In truth, you had no option but it is extremely gratifying for the "small man" to shove one up the jacksy of commercial enterprise.
I would like to thank you for your lenience regarding the door stopper - I appreciate times are hard and 49p could have made all the difference to you.
However, please accept the genetic material left on your curtains following a particularly inspired thrap over "Big Boobs 24" as alternative recompense.
Yours, with 49p to spend later on,
Your former tenant,

Door wedge, replacement xmas tree (a dead one was on the balcony when I moved in), scratches on the letter flap, a missing cap from a clothes airer, missing NTL box (he wanted £120 for that), holes dilled by an electrican replacing the main switch board, replacement of all the curtains and blinds (the ones in place where 20+ years old).

And last but not least, full cleaning after the place was pro. cleaned and all of the carpet stains and the filth that was there when I moved in had been removed.

Very annoying indead. I'm a landlord myself with 3 places let and I've never tried this kind of nonsense. The tenant needs to do some actual damage to make it right IMO.

The funny thing is, if he had tried for a hundred or so for minor things I most likely would have accepted just to get the bulk back (bond was £1,500). Show just how out of order he was to go from the thick end of a grand to nothing without any kind of cospondance.

I'll send the replacement door wedge, I'm always good to my word

Re:Letting agents problems and DPS deposit (rightyho)

Sat, 07 Nov 2009 14:56:36 GMT

Wheels

rightyho

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 *****

Big thanks for this one Righy! I used it as the basis for a claim made by my last landlord for just over £1k, together with a line by line rebuttal of the 60 items he was claiming for.

Result: Deposit back in full this morning with not even a wimper. Didn't get a written applogy that I asked for though But I haven't had to replace the missing door wedge that I did accept as legitimate

Wheels

Glad it was useful, mate.
He billed you for a door wedge? LMFAO.
Now you have your cash back:

Dear Landlord,
Many thanks for amending your claim in my favour.
In truth, you had no option but it is extremely gratifying for the "small man" to shove one up the jacksy of commercial enterprise.
I would like to thank you for your lenience regarding the door stopper - I appreciate times are hard and 49p could have made all the difference to you.
However, please accept the genetic material left on your curtains following a particularly inspired thrap over "Big Boobs 24" as alternative recompense.
Yours, with 49p to spend later on,
Your former tenant,

Re:Letting agents problems and DPS deposit (Wheels)

Sat, 07 Nov 2009 14:00:14 GMT

john_cappa

LMAO

sticky thread for further use? lol

Or a rightyo sticky entitled "how to deal with fcukwits on a daily basis"

Not a bad business idea for him, a website perhaps. Letters for all situations.

Re:Letting agents problems and DPS deposit (john_cappa)

Sat, 07 Nov 2009 13:33:45 GMT

LMAO

sticky thread for further use? lol

Or a rightyo sticky entitled "how to deal with fcukwits on a daily basis"

Re:Letting agents problems and DPS deposit (Wheels)

Sat, 07 Nov 2009 11:40:17 GMT

rightyho

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 *****

Big thanks for this one Righy! I used it as the basis for a claim made by my last landlord for just over £1k, together with a line by line rebuttal of the 60 items he was claiming for.

Result: Deposit back in full this morning with not even a wimper. Didn't get a written applogy that I asked for though But I haven't had to replace the missing door wedge that I did accept as legitimate

Wheels

Re:Letting agents problems and DPS deposit (Yohimbe)

Sun, 17 May 2009 08:26:37 GMT

Thing is, I now find it impossible to live in flats, or rented housing... I hate that sense of people being all around me, struggling to make the rent, or people/banks getting rich because of me..

again on my list.. becoming homeless. Doesn't scare me or worry me, just need to look into somewhere to store my stuff. Alas these are also expensive.

Re:Letting agents problems and DPS deposit (gingernut)

Sat, 16 May 2009 18:57:37 GMT

Don't worry your little head and I was probably being paranoid they watched every one in that block.

Re:Letting agents problems and DPS deposit (rightyho)

Sat, 16 May 2009 18:43:55 GMT

^This begs obvious questions.
Please fill in the missing blank.

The gossips said ______ about me.

Re:Letting agents problems and DPS deposit (gingernut)

Sat, 16 May 2009 18:40:05 GMT

The place I rented I took over from my ex-partner - so no cleaning or inventory was taken. The landlord gave me my notice 18 months later, no explaination but lets just say the gossips had been at work. I had kept the flat really well, but just to prove a point I had the carpets steam-cleaned, and paid for a professional cleaning agency to come it. I also replaced anything that was damaged or "wear and tear" with items of superior quality.

They were probably expecting something different (according to rumour), what they got was a clean flat that was then gone over with a fine toothed comb.

My ex said I could keep the deposit since it we carried this forward from his tenancy, and I had paid almost the same to have the place sparkling. Annoying but was really chuffed when I got a letter thanking me for leaving the place so clean.

It was may way of saying stick your flat and the nosey neighbours.

Re:Letting agents problems and DPS deposit (rightyho)

Sat, 16 May 2009 18:28:48 GMT

I rented a sh1thole in Kettering once.

The landlord was a right stuck-up cnut who used to make personal jibes which could easily have gotten him knocked out - ie you look more like a labourer than a bloke with a brain (and not said in a nice way either).

The place was a dump and the promised refurbs were never carried out.

Anyway, we bollocksed the carpet with a load of bleach so, on moving out, I put all our wordly possessions into a pile in the one room on top of the fciked carpet.

Got the deposit back, moved out, then he started phoning a day later telling me we'd wrecked the carpet (was threadbare anyway) and he was going to sue.

I had a good laugh down the phone at him, told him to have a nice day and enjoyed the rest of the evening bathed in a warm glow of immorally-gained oneupmanship.

Re:Letting agents problems and DPS deposit (JK2)

Sat, 16 May 2009 18:13:15 GMT

HELLBOY..

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!

Good job.

I'm in the midst of a similar battle. Scumbag landlord predictably made 'reasonable deductions' to our deposit for our last place. These included a princely £35 for the repair of a towel ring (a £1.99 Homebase item badly screwed to the side of bathroom unit) and £2.50 for each lightbulb that had burnt out. Most of the items were total lies. I will get my four-hundred quid back. It's just a matter of penmanship.

Re:Letting agents problems and DPS deposit (Yohimbe)

Sat, 16 May 2009 18:06:04 GMT

ah good old blighty. the haves and have nots.the landlords and the tenants...

Re:Letting agents problems and DPS deposit (tuc biscuit)

Sat, 16 May 2009 17:17:17 GMT

martin and co are a franchise as far as I know

Re:Letting agents problems and DPS deposit (monitor)

Sat, 16 May 2009 17:15:13 GMT

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

Re:Letting agents problems and DPS deposit (rightyho)

Sat, 16 May 2009 17:10:31 GMT

Nice one mate.
Shove it up them.

Re:Letting agents problems and DPS deposit (Wheels)

Sat, 16 May 2009 17:04:55 GMT

Nice result mate

Re:Letting agents problems and DPS deposit (HELLBOY..)

Sat, 16 May 2009 13:19:31 GMT

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!

Re:Letting agents problems and DPS deposit (HELLBOY..)

Sat, 21 Mar 2009 13:56:37 GMT

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.

Re:Letting agents problems and DPS deposit (rightyho)

Sat, 14 Mar 2009 16:13:13 GMT

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.

Re:Letting agents problems and DPS deposit (Selecta)

Sat, 14 Mar 2009 15:42:47 GMT

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!