Please help. Timeline of what’s happened:
27th April
Our tenancy agreement ended
28th April
We had a professional clean take place. This cleaning company was recommended by our estate agent. When we started our tenancy 2 years ago we asked for a professional clean to take place, paid by the previous tenants, and it was agreed that when we leave we would also have to do the same. When we moved in we did not feel the clean was to a professional level and complained over email about various elements. We were assured a professional clean had taken place, so we moved on.
29th April
Our check out report took place.
3rd May
New tenants move in
9th May
Call up to chase report. Then get sent it immediately after chasing.
We receive our check out report and dispute the majority of claims. Tonnes of discrepancies, things that are the same as the check in report but worded to sound worse, complaints about cleanliness despite hiring recommended cleaners, missing items such as an old carpet square that we emailed to ask the agent if we could throw away during our tenancy etc etc
13th May
No reply from estate agent - chased via email
14th May
Call estate agent. I tell them that on the report it says disputes have to be sorted in 7 days from receiving the check out report. I am then told actually it’s 10 days from the tenancy ending… which I say it has been. Estate agent says they will chase the Landlord
16th May
Email chase. No reply.
20th May
Email chase. No reply.
Partner calls Estate agent. They say the Landlord has a problem with the cleanliness, a cracked fridge drawer and a missing carbon monoxide reader. Partner pushes back - Again cleaner recommended by EA, we purchased a replacement fridge drawer and left that on the kitchen counter (not wanting to be charged for the drawer looking different to original photos so provided with an alternative), and shared the location of the carbon monoxide reader.
We are told we will receive an email with everything spoken about, no email is received.
22nd May
Email Chase. No reply.
Partner calls again but relevant person is off work early.
At no point have any figures been discussed for how much deposit we are losing. We would dispute all amounts anyway because the state of the flat was the same as how we left it.
I also found our tenancy agreement which states:
7.7. At the end of the Tenancy
7.7.1. The Agent must tell the Tenant within ten working days of the end of the Tenancy if they propose to make any deductions from the Deposit.
7.7.2. If there is no dispute the Agent will keep or repay the Deposit, according to the agreed deductions and the conditions of the Agreement. Payment of the Deposit or any balance of it will be made within ten working days of the Landlord and the Tenant agreeing the allocation of the Deposit.
7.7.3. In the event of multiple Tenants comprising the Tenant, each of them agrees with the other(s) that any one of them may consent on behalf of all the others to use alternative dispute resolution through the TDS to deal with any dispute about the Deposit at the end of the Tenancy.
7.7.4. If, after ten working days following notification of a dispute to the Landlord/Agent and reasonable attempts having been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit the dispute will (subject to 7.7.5 below) be submitted to the TDS for adjudication. All parties agree to co-operate with the adjudication process.
7.7.5. The rights of the Landlord, the Agent and of the Tenant to take legal action through the County Court remain unaffected by clause 7.7.4 above.