Hi there Jo
Thanks for help - I feel really bullied by them!
It was an AST originally for 12 months, but I allowed them to give notice at the end of 12 months, rather than the 10 months, good will only.
I paid for a cleaner for them for 14 months at the rate of £20 a week, for what I thought was a mutually beneficial thing: they got a clean home and I made sure my property was looked after. It was part of the agreement but they instead used the cleaner for ironing for at least 50% of the time, so yes, I want 50% of the money I paid the cleaners to be given back to me from their deposit. 52 x £20 = £1040 / 2 = £520
5 weeks x £20 of which 40% they used the cleaners for ironing = £40 = £560 then £85 for the chimney to be swept, which I have now had to do which was £85 = £645. You're right I have my sums wrong there, I will immediately refund the extra £72.
But what of the rest? Are they allowed to ignore the contract we signed in which we agreed to use the ADR of the deposit protection scheme before court?
Should I not bother agreeing to go to court and just pay them? As it was part of our signed agreement and they've breached it and I have paid the cleaners, duly, for cleaning the premises not to do their domestic ironing, I am seeking my money back for their ironing?
Your answer thus far seems to suggest perhaps I shouldn't ?
Hi there - I just send a bit more info/queries to you - ie I don't understand why a court would be looking to condone tenants who signed up for one thing, but disregarded it at the end of the tenancy ? Does the signed agreement not stand for anything?
Ok if that's true re the cleaning of the chimney, then that's that, thanks for the advice - but what about the cleaning and getting 50% of the value back? Or would this be something I took them to court for, rather than deducted from their deposit? I can't imagine how a court would condone tenants, who made me take out certain mandatory clauses for their convenience, ie had legal advice before signing, just ignoring things. So, would just sticking on the issue of the ironing / cleaning be successful for me? It is £560 which I paid for, for them, to keep the house clean (which is what the usual wrangle with tenants is, hence why I added it at my own cost, which I feel was abused?)Thanks
Hi - Sorry, I appreciate it seems just like you have given me an answer I didn't want, but actually I am dissatisfied as I am still confused because you haven't given me a properly detailed answer, as request - I just don't have enough information here to fully understand - ultimately for the price I was expecting quotes of case law / statutes to back up what you're saying and furnish me with a proper answer so I could prepare and/or seek further advice. I feel you dismissed what I wrote ( by you 'so you want to claim over 700 quid...' etc.. answer) without perhaps fully understanding, or helping me to understand, hence the 'poor service' rating - for £47 I would at least have liked to understand more about why your professional opinion was that I wouldn't win rather than just I wouldn't?
well I did give you the chance before I rated you - then I got an email saying you wanted to know more as I'd rated you with a low rating, so it is your turn ! I think you are not based in the UK, are you?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).