Third Party Deposit Resolution

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  • Third Party Deposit Resolution

    Hi all,

    I have posted on here before so many thanks for the advice, although the situation is still rumbling on.

    In a nutshell:
    Property vacated mid November 2007 after 5 years tenancy.
    Deposit deductions quotes given to us mid January 2008.
    We counter-offered this which has been refused.
    The deposit deductions are for general cleaning, carpet cleaning and sofas.

    Situation made worse due to the shoddy DIY work landlord performed on the windows leaving wallpaper hanging off every room in the house pretty much. Landlord came in twice one night to apologise about the carpets after the builders trampled plaster etc throughout the house (photographic evidence is held by us of all these matters). After we left no further work has been done on the house and the letting agency are blaming us for the state of the house putting off prospective tenants. The letting agency have advised that if not resolved, the Third Party "SCC" procedure will be required. Does anyone know anything about this SCC procedure - Google searches etc are fruitless.

    Whilst it's not the money that I am bothered about, it's the constant referral about us, as tenants, leaving the house in an untidy state that has put propsective tenants off even after we have moved out after giving the place a good clean (admittedly not to the standards of perhaps Kim and Aggy). There is never any mention by the agency that the Landlord has damaged the property and left wallpaper hanging off every wall in the house, surely this would be more off putting to tenants looking round?

    If it goes to SCC, is there a danger of losing more than what is quoted in the original deposot deductions letter, or can they take no more than what has been quoted?

    Many thanks as always.

  • #2
    Don't be put off by this as it will be the landlord who has the onus of proof not you, and the judge will expect them to sustantiate any claim. SCC is the Small Claims Court and if you receive a summons then you have the right to counterclaim. Landlords often call your bluff to frighten you into giving in so stand firm and meet them in court! It can be fun watching a landlord squirm who is less than diligent. By the way the agent cannot take any action against you, only the landlord.

    If by any chance your deposit was held as stakeholder then you and the landlord must jointly agree to any deductions otherwise the agent should retain any disputed amount until you and the landlord do agree. Undisputed amounts should be returned within a few days of the end of the tenancy.
    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.


    • #3
      Many thanks for your reply Paul. Small Claims Court - how did I not figure that one out

      It's the sofas that seem to be the main issue according to the agency. They claim they were almost new when we moved in, but the inventory (dated a year prior to our moving in) claims they had a couple of marks on. I'm not pretending to be a saint or mislead anyone and will admit that there may be a couple of stains on a couple of the cushions (three sofas in total) which we have acknowledged. The landlord has knocked off a bit of money from the apparent quotes he has received to get things cleaned, however, the agency states:

      "He feels he has been very reasonable in not claiming for the sofas as a write-off. He says that if he did, you could keep the now, soiled sofas but doesn't know why he is expected to get back stained and grubby sofas. They should have been cleaned and maintained in better condition".

      Five years of residing in the house, with six monthly inspections by the agency never once mentioned the sofas, hence us feeling a bit hard done by.

      Regarding the state of the house:
      "The house was not presented well by you. Around 50 people viewed the house recently and they have all said the same thing"

      By this they are implying that we have put off any prospective tenants who have recently viewed, despite us moving out in November. Again, there is no mention of the work done on the windows and the state of the surropunding walls (the landlord apparently took the first builder to the Small Claims Court due to the terrible job he did) or how that could put off people looking round.

      Sorry to ask again, but if it went to SCC and we lost, would we incur any more charges than the original deposit deduction letter sent to us?

      Thanks again,


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