A few questions about my friends agency R.E problems

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    A few questions about my friends agency R.E problems

    Strange one, he paid £300 when he moved in deposit, he is a extremly quiet person, doesnt like confrontation, hes been there since around october last year, anyway, he has told me his agency took £60 each of all 6 tenants deposits(of £300 each) for cleaning as place was a mess, which it wasnt(I regularly visit. He had a letter saying time and date of visit, which was 4 weeks notice(though I only just found out) anyway they did his kitchen today all they cleaned was the cooker, which wasnt even that dirty(it would of taken me 30 minutes if I personally made it spotless) and the sideboards, which would of taken no more than a hour in total. Plus a different lot of cleaners cleaned carpets(which were manky when he moved in)

    Problem 2.

    He has 2 weeks left of his 2 month notice, he already has said numerous times that he wants to stay, but the agency refuse as they want students to move in(my friend has been asking for months)

    My friend and the other tenants say they have constantly asked for the tumble drier to be fixed and it hasnt, and they have also refused to put locks in the bedsit doors, so anyone can walk in, and they refused to let my friend put his own in at his own cost.

    Also the flat was a state when he moved in, furniture was ok, but the carpet is in such a bad state i.e big black blotches everywhere, and on his notice it says the place has to be spotless or they will charge him for more professional cleaners(at a rip off price no doubt) plus he spoke to them on phone about this and they say hes lying about the mess when he moved in and he has to personally clean carpet, also it says on letter he wont get the deposit back till 14 days later after he hands in keys plus it will be cheque, when he paid in cash.

    What can he do? I will get as much info from him as I can also.

    #2
    Originally posted by dekaspace
    his agency took £60 each of all 6 tenants deposits (of £300 each) for cleaning as place was a mess, which it wasnt
    As I understand it, a landlord or agent can't charge the tenant for general cleaning during the lifetime of the tenancy; what counts is the condition of the property when it is returned at the end of the tenancy. If the tenant wants to live in squalor that's up to them; it's not the responsibility of the landlord to dictate how they should live and I would think that doing so would be interfering with the tenant's right to "quiet enjoyment" (legal-speak) of the property.

    Originally posted by dekaspace
    He has 2 weeks left of his 2 month notice, he already has said numerous times that he wants to stay, but the agency refuse as they want students to move in(my friend has been asking for months)
    Well assuming your friend's on a standard Assured Shorthold Tenancy agreement (is he?), there's no onus on the landlord to renew or extend it. The landlord is perfectly within his right to issue a notice to quit (an S21 form) which I imagine they've already done?

    Originally posted by dekaspace
    Also the flat was a state when he moved in, furniture was ok, but the carpet is in such a bad state i.e big black blotches everywhere, and on his notice it says the place has to be spotless or they will charge him for more professional cleaners(at a rip off price no doubt) plus he spoke to them on phone about this and they say hes lying about the mess when he moved in and he has to personally clean carpet
    This depends entirely on whether there was an inventory of the contents done at the start of the tenancy, signed and agreed by your friend. If there wasn't, he's not liable for the cleaning and the agency couldn't touch the deposit. If there was an inventory, this should detail the condition of the carpet, and your friend should have ensured it stated "very poor condition, many large black blotches" etc - if so, again he's in the clear.

    Originally posted by dekaspace
    also it says on letter he wont get the deposit back till 14 days later after he hands in keys plus it will be cheque, when he paid in cash.
    .A cheque is perfectly normal and acceptable, most landlords or agents wouldn't dream of doing it any other way; indeed returning a deposit in cash smacks of unprofessionalism. 14 days for return of the deposit is perhaps slightly long, but nothing to get worked up about.

    Hope this helps you/him determine which of the issues are worthwhile arguing the toss over, and which aren't.

    Comment


      #3
      If your friend is the meek and mild sort then what I'm going to say won't help him unless he helps himself.

      Eric has more or less said what needs to be said except the landlord has no authority to enter the property, let alone carry out cleaning, and likely to be considered to be a gross breach of tenancy by the courts.

      Your friend could sue the backside off the landlord for (not insubstantial) damages under the Protection from Eviction Act 1977, and for failing to carry out repairs S.11 of the Landlord & Tenant Act 1985. But then again your friend doesn't like confrontation, so it's pointless telling him what he could do!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        As far as I know there was never a inventory taken, though I will ask him tommorow, im just worrried his Agency will much him around, and try to keep his deposit.

        I have kinda become a surrogate big brother of sorts of him, he has no family in area(hundreds of miles away his family lives) and as hes so quiet im his only friend.

        I have told him to go to local CAB, but they are only open 1 day a week, and you have to wait 2-3 hours to get seen and often get sent home(has happened to me a few times)

        Comment


          #5
          Tell him to get advice from Shelter who can see you on the day, no appointment, as they are drop in centres - they have a telephone helpline he can call if you don't have an office near you - they should be able to give him some very good advice as they specialise in Housing Legislation, whereas CAB are less specialist.

          Can't hurt!
          Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

          Comment

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