Deductions from tenant's deposit

[Jayne-123]

I live in a rented property for 2 and a half years, when I moved out I cleaned the house to a very high standard. My letting agent took £50 for the cleaning of two tiny marks and then a whopping £298 for the repair of the toilet which had limescale damage to the u-bend, they took photos. No estimates or quotations were sent with the remainer of my deposit cheque. Do I have to accept these deductions? I

[snags]

''limescale damage to the u-bend''

So it was leaking/damaged whilst you were living there? Was the Landlord/Agent made aware of this during your tenancy?

[Jayne-123]

No, there was no leaking, in fact I just thought it was general wear and tear. I used toilet cleaner every week and bleach but never thought I would be held responsible.

[sunflower68]

Jayne this has happened to me quite a few times I even once tried to take a landlord to court over it.
Unfortunately in my experience you have to be really really thorough with the initial inventory when you move in anywhere and note down any defects; if the limescale was your fault then you are liable when you leave to put it right.
If not then equally be thorough with the inventory when you leave and also ask to be told of any expenses and whether you can rectify before they call in the cleaners.
Flipping landlords and agencies seem to do very well out of deposits don't they???

[Jayne-123]

Thank you, what makes me cross is that a new toilet and fitting doesn't come anywhere near £298, and I noticed on Tuesday an expensive bathroom fitting company van outside the house which I am paying for. Surely they should provide proof to me of the cost and not just go ahead with the work.

[snags]

Sorry, I thought you meant it was leaking externally from the u-bend therefore leaking.

As sunflower says, if the limescale was your fault then you are liable when you leave to put it right... having said that, how much limescale could there be after 2 and a half years that the toilet had to be 'repaired' rather than just cleaned?

[sunflower68]

Exactly! It really bugs me that (some) landlords do this. Out of the kindness of their hearts they should give honest people the chance to put damage right first. Not fair. : ( sorry Jayne.

[Jayne-123]

Indeed, the bathroom suite was new when I moved in and I have no idea what I could have done to prevent the staining of the u-bend (to be honest I am not sure if it is limescale damage, its just a guess on my part), I live in a hard water area, could it possibly have been a design fault.

[jackthehat]

Are we talking 'damage' or 'discolouration'?

Discolouration can be unattractive but in no way impairs the working of the WC. I wouldn't take it lying down, I'm afraid.

Write to the letting agents requesting full details of the 'damage' and the 'remedial actions' taken.

[snags]

Aren't deposites held independently by one of the Govt. schemes or similar, rather than the Landlord/Agent for situations just like this?

[Jayne-123]

There is discolouration, not damage, their is nothing wrong with the workings of the toilet at al, not even cracked - if so I would have reported it before whilst I was living there.

[Old_Geezer]

I must be too soft. I rented out my place when at college elsewhere. Even though at the end there was stuff I could easily have complained about, I didn't have the heart to withhold anything. I think the damage that would needed to have been done to get me to do so would inevitably have meant the deposit wouldn't have covered it. Probably just as well I didn't go into renting out places for a living. I'd have been broke.

[sunflower68]

jackthehat's right though Jayne I would fight this one out; start asking questions you have absolutely nothing to lose.

[Jayne-123]

I will write to them asking for estimates and quotes, thank you very much for your advice, greatly appreciated!

[themas]

Your deposit should have been protected in one of three deposit schemes, set up under a law which came in about 4 years ago. You should have had a letter telling you which scheme the deposit was in within 2 weeks of it being done. The agents should have dealt with this when you took the tenancy. Any dispute over return of the deposit which be dealt with by the scheme.

If you have never had any notification of the deposit being in a scheme then the agent is almost certainly at fault & you could conceivably take the landlord to Court - but there are dangers in doing this.

Look up Shelter on the net. They are a specialist housing charity & have an advice line which can give you more details.

Having said that, if there is a build up of limescale in the toilet leading to discolouration it almost certainly means your cleaning regime has not been adequate, so it is reasonable for you to have to pay to put it right. However, nearly £300 seems exorbitant.

[Jayne-123]

UPDATE, I did challenge the letting agents and threatened them with legal action if they did not prove with estimates and quotations, I got a cheque in the post for £280 as they said the landlord had cleaned the toilet with caustic soda for £18, RESULT, just goes to prove that you can get what you want if you perservere!!