UK Landlord Forum / Life

Hi there,

This message is a repost, deleted for an unspecified reason and my message system doesnt seem to work, so if i'm not allowed to talk about particulars of deposits (or am doing anything contravening site rules) i'm very sorry, but in the meantime i'll just assume it should have been posted in a different section.
Also i'd like to make it clear i'm in no way trying to cause any unnecessary problems for my landlord, i'd just like some advice on my rights as a tenant.


A recent addition to the site, I've just recently moved out of a small 2 bedroom flat i've been sharing in a smart area of south london.


To set the background to my situation;
I lived there for 6 months between 6th Feb and 6th Aug, along with my roomate (my roomate is called 'R' and i am 'F'.),
I am self-employed as an events manager and she's the assistant manager of a local business.
Together we had a great time living there and it's a shame our memories are being tarnished with what is now turning out to be a rather unpleasent experience.
As tenants we ensured that all rent was payed on time and in full.
Our tenancy is an Assured Shorthold Tenancy and was arranged through, but not managed by, 'Winkworths' estate agents.

Throughout our tenancy
-the lights in the property were faulty, loose wiring somewhere (electricians words) caused the fuse box to blow every few days and so i'd have to change the fuse. (on the positive side i'm now an expert at fuse changing).
-the tiling in the kitchen wasnt stuck on properly and kept falling over intermittently
-and the toilet was leaking

On the third day of our tenancy i awoke to find the landlord hunched over a plug socket in the living room, assuming he was an electrician called upon by the landlord, i offered him a cup of tea and proceeded trying to make small talk with him.
To most of my questions he just gave a "yes", "no" or "i dont know" answer until i asked if he knew our landlord to which he snapped that he was the landlord, then simply said he'd have the plumming in the bathroom repaired and in the meantime to leave a bowl under the leak and then walked out of the flat.
Bringing this to my attention, i checked the bathroom to find the bathroom sink drained away very slowly (later discovered this was due to the bathroom being plummed by the landlord himself and the piping leaving a poor route to the exit pipe) and the toilet basin had a leak which dripped into a porcelain bowl. Neither of these issues were addressed while we resided at the property and the bowl catching the leak needed daily emptying else it would overflow.
(the irony here being if i emptied the bowl in the sink, it wouldnt drain away  )

He then turned up once again and put ductape around the leaking toilet (which lasted a day), and that was the last i saw of him. After asking a few times he began complaining about costs to fix these problems, and rather than be a pest, i decided that changing a bowl of water and changing a fuse cost nothing so i relented and carried on in my tenancy.




Our problem now is:
The last month of our tenancy my roomate became seriously ill and as a result needed intensive care treatment in hospital.
The landlord has just sent over a breakdown of costs taken off of the deposit, and it comes to exactly £90 more than the deposit's amount.

The list of items and costs are shown below:



Missing Rent = £528.35
It was agreed with the landlord that R's last month's rent would be deducted in this way as she was unable to leave hospital.

Additional Rent = £103.56
Keys for the flat were not handed back to Winkworth on the 6th due to R still being bed-ridden and all affects already removed from the property. The keys were located by the 9th and both sets were returned then, three days late. Although unfortunate that leeway was not given here it is understandable considering the circumstances, even though i have evidence she was suffering a life-threatening disease and is very lucky to be alive now, let alone walk.


Bedside table = £10
Leg was snapped off



Orange bin bathroom = £10
this was a small plastic waste-paper bin that we broke


Damage to wall and door = £65
we left a small dent in wall behin the living room door and back of bathroom door from opening and closing too .



Carpet Cleaning = £120
R's bedroom Carpet had small foundation stain

Professional Cleaning = £235
This is where I feel the invoice gets slightly worrying. The property was left in a good state of cleanliness with the exception of a bin un-emptied (used in the final stages of cleaning for empty sanitizer spray and brillo pads - no perishable items), and an empty bottle of Dom Pérignon left in the kitchen, and "a dirty oven and fridge and general dusting / cleaning".

Fridge Freezer = £285
Dry-wipe markers were used to draw a timetable over the top of the two doored fridge. Also as our two jobs often involve us working closely with each other we'd leave each other important work info and flat info on the fridge. I mistakenly one day picked up a permanent marker and filled in my week's meetings in permanent ink. He stated in his correspondance "We are unable to find replacement doors so the fridge will need to be replaced."

Blue IKEA dinning chair = £50
One dinning chair is missing. Four were on the inventory but only three were there when we arrived at the flat. after speaking to him he agreed to add it to the inventory and we thought nothing more of it, but have realised since that we took his word for it and now cannot prove there was no chair there.
Interestingly the chair is on the IKEA website at a £21 mark-down price http://www.ikea.com/gb/en/catalog/products/40105830
(perhaps IKEA has a sale on?)


Double bed = £135
due to "cigarette mark on mattress"




On the whole i feel these charges are extortionate.
I can appreciate that a service charge may go into retaining money from a bond such as petrol or time spent going and purchasing replacement furnature, but i feel taken advantage of with the above quote.
Having gone through the recent ordeal with my roomate i am primarily just concerned with her health and well-being but i feel that this man is the type of person to take advantage of people.
I'm sure he charged his last tennants for the repairs to the toilet, but we still had to settle for a broken one.

What are my rights in this situation?
Am i able to ask this gentleman for proof of purchase/invoives for services i do not agree with him charging me for?



I'd really be grateful for any advice or direction that could be given.

Regards
Frankie 

I always say to people to photograph all the worries before leaving. Have you any evidence at all?
Carpet cleaning seems very steep. Is that just for one room? I could get a 3 bed house done for that up here! The last time I had the cleaners in the bill came to £105. That was two Women for 4 hours. They worked hard for that. Again I realise Liverpool prices are lower than a lot of other areas.
If you left the fridge marked then you can only argue with the cost not the damage. Can you find the same for less? TBH I think if you are a smart bunny like me you will T-cut the fridge and polish it up like new. Problem is that if you did not clean it up that way before leaving.....
Same with the mattress

Hi jeffo,
thanks for the reply! yeah that seemed a little steep to me too! My cleaner charges £10per hour, and she works like a Trojan, so to imply that 23 and a half hours of labour went into cleaning the flat is absurd.

R being in hospital, i personally cleaned the flat, deep cleaned kitchen and bathroom with bleach, and D10'd all the other surfaces in the house.
I have photographic evidence that proves this, the only areas left untouched were dust on top of some high up surfaces (on top of cupboards etc), this he says is what caused the cleaning problem as dust does not constitute 'normal wear and tear'.

the carpet admitedly had a foundation smudge on it, but when i questioned the cost of the cleaning this mark he says the weave on the carpet is worn down through the past 6 months' hoovering, and that if i disagree with the costs of cleaning it [quote "maybe i can replace the whole carpet and send you a bill for that instead" /quote]

unsure how it was intended to come accross but to me that's a possible case of bullying "do what i say else i'll make it worse for you".

similarly when i questioned the need to replace other items such as the fridge i was told [quote "it is not up to you to decide what does and does not need replacing, however if you have any concerns about the fridge you can collect it yourself when the new one is delivered." /quote]


interestingly i've asked for invoices/reciepts but the only invoice provided is for his personal cleaning services, opperating under a company refered to as "[landlords name] Property services" which isnt a registered company. Is this a standard practice for landlords?

i'm happy to pay for the carpet to be cleaned but £120 for his "cleaning company" to clean a square meter of carpet is beyond a joke, and makes me think i'm in the wrong industry.







Honestly i feel abused by this man, and if he continues to take advantage of my situation im going to become very scornful.

Ring a carpet cleaning company, describe the stain. Give the room size. Get them to mail you a quote. Ask a few places likewise. Ask if they guarantee to remove the stain. Would they charge less if they could not shift it.
Do you have reciepts for your cleaner? Would she write a note to confirm the condition of the property?
Dust is an easy to remove contaminant. Most cleaners are not insured to remove it from wardrobe tops (H&S climbing) but it is not the end of the world. It may not be normal wear and tear (or maybe it is?) but is isnt more than a wipes worth of effort.
As for the carpet, I suggest the you say to the landlord 'yes, maybe you could replace it, call your insurance company and ask them to send in an assessor' (it is after all accidental damage and not wear and tear).
The problem is that its obviously a cheap carpet. Probably worth less than the excess on the policy! He would want you to pay his excess. The excess is probably £200. Call his bluff or dont risk the assesor saying you have to cough up. Your choice. (I am not a solicitor!) My guess is that the assessor will say it isnt claim worthy.

Hoovering is an essential part of maintenance. I have never heard of overcleaning. If you do not remove the grit from the pile it wears the carpet down by sanding it from within. (so the salesman from kirby cleaners told me before asking for £1200!)

Unfortunately, landlords spend their day dealing with idiots which turns them into arseholes. dog eat dog.

Fridge is a tricky one. You did leave it messy. Was it up to date with the electrical safety? I only provide a cooker. My tenants provide the rest. Not really my field. It isnt really acceptable to re paint a fridge like you can a marked wall. If the fridge was old or second hand maybe there is room to barter. Otherwise put it down to experience and buy a flip chart for the next house.

He can do the work himself but he should provide you with a breakdown of his bill the same as he would if you had called him in to do it for you. I would suggest that in the eyes of the law you pay him what you believe is a fair and just amount and invite him to take you to the small claims court for the remainder. When you get to the court you need to justify how you came up with the final amount you paid. It is always in your favour if you have been a tad generous. Eg, -You were quoted £30, £35 and £40 and decided to pay him £40. Who could argue with you if you plumped for the highest amount?