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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Good afternoon. I vacated a leased property on 10th May because

Resolved Question:

Good afternoon. I vacated a leased property on 10th May because my landlord wished to sell it. My deposit was returned to me by the Tenancy Deposit Scheme because the letting agents' franchise holder had stolen money, which matter has nothing to do with my question; I merely mention it to explain why the letting agents were not holding my deposit. Due to circumstances beyond my control I was unable to clean the vacated premises satisfactorily, and I agreed to pay the end-of-tenancy internal cleaning costs listed on the detailed Check Out report prepared by an independent company. However, the letting agents suddenly added cleaning of the gutters to the requirement and I am in dispute with them about this for several reasons:
1. I had the gutters checked just over 3 months before we received notice to vacate, and the gutters were clear;
2. As there are no trees overhanging the property I queried with the agents why the gutters had become "very full" (their description) in less than 5 months (we were given 2 months' notice) and requested proof of the state of the gutters;
3. The tenancy agreement states that the letting agents must notify the tenant within 10 working days after the end of the tenancy of any charges that are to be made against the deposit - the first mention of the gutters was made 15 working days after the end of the tenancy.
The letting agents have informed me that they have no proof of the state of gutters and instructed the cleaning firm to go ahead, despite my having raised a query. They sent me the invoice from the cleaning firm, but as the invoice was made out to the letting agents and not myself, I sent the letting agents the cheque for the interior cleaning, as soon as I received the deposit from TDS, stating that it was in full and final settlement of all cleaning costs. The agents deposited the cheque.
They have now informed me that they are now instructing the cleaning firm to hand the matter of payment for the gutter cleaning over to the cleaning firm's debt collection department.
As the invoice is made out to the letting agents and not myself, can the cleaning firm approach me for payment direct or should they be dealing with the letting agents?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Just to be clear, you have received FULL payment from the TDS?
Customer: replied 1 year ago.

Yes, the full payment was made direct to me. The letting agency's association with the TDS had been terminated by the TDS because of the theft of clients' monies (to the sum, I believe, of £375,000) by the manager and franchise holder of the letting agency, so the TDS dealt direct with the tenants rather than the letting agency.

As soon as I received the deposit from the TDS, I paid the portion of the invoice which pertained to the internal, end-of-tenancy cleaning of the property immediately - this was the cleaning I had agreed to pay for right from the word go. The cleaning of the gutters was only mentioned much later.

Expert:  Ash replied 1 year ago.
I think they have left it too late.
It was end they should have picked it up, they didn't and left it too late.
You checked the gutters and it was all ok, it's not your issue.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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