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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We're leaving our rented apartment in 28 days. we had a dog

Resolved Question:

We're leaving our rented apartment in 28 days. we had a dog onsite for 48hrs. The management company saw the dog, and has since invoiced us for £150 for 'cleaning'. There's no evidence of clean, no evidence their usual cleaning schedule changed, no quotes on this. We've seen no policy on this matter. Nor are there any signs or notices there are no dogs allowed. We acknowledge the potential breach of the AST but that is held between us and the landlord not the management company.
Also - they have sent us CCTV pics of us with the dog (printed) for the days in question. However, I have checked and they are no ICO registered and I have a feeling of misuse.
What can you advise?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did they give you an opportunity to clean please before they charged?
Customer: replied 1 year ago.

No - but then there was nothing to clean...

Customer: replied 1 year ago.

I am just as concerned about the CCTV issue, printing pictures via a non-ICO registered CCTV is plainly wrong. The management company that uses the CCTC is a limited company and the cctv sign in the complex does not give an indication of who owns/processes the images...

Expert:  Ash replied 1 year ago.
Who recorded the cctv, the landlord?
Customer: replied 1 year ago.

The Management Company. Brewery Wharf Management Ltd, so then wrote to my partner and I.

Customer: replied 1 year ago.

The management company then informed the landlord.

Customer: replied 1 year ago.

I forgot to add the landlord/letting agent then suggested that the £150 comes out of the apartments deposit. My position is that this issue is between the management company and ourselves and the cleaning should not come from any deposit as they are not party to the issue.

Expert:  Ash replied 1 year ago.
Ok. You can complain to the ICO as a business they do need to be registered. I agree with you in that it is an issue between the management Co and you. It's nothing to do with anyone else. But in any event £150 is excessive and you can refuse to let it come from your deposit which is protected.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

In respect of the £150 can I refuse to pay? If so on what basis?

Expert:  Ash replied 1 year ago.
They failed to mitigate their loss and it was not necessarily to clean, they should have allowed you to do it,
Customer: replied 1 year ago.

One final question before we close. Should the management company had told the landlord/letting agent. In respect of all of the details including the actual costs and the stills from the cctv?

Expert:  Ash replied 1 year ago.
Yes that is correct.
Customer: replied 1 year ago.

Sorry - I know - I said one last thing...but to clarify - is it lawful/appropriate/expected that the management company sent our images to a third party? i.e. the letting agents. It appears the CCTV isn't ICO registered too.

Surely sending images to a third part who have no relationship in the issue is wrong?

I will not ask another question!

Expert:  Ash replied 1 year ago.
Yes this is a breach of the Data Protection Act which is why you can complain to the ICO.
Does that help?
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.

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.