[Elle13]

I have a question - my letting agency is keeping part of my deposit for the following reasons:
- cleaning fees (despite the fact the flat wasn't clean and I have an inventory conducted by an independent clerk to prove it)
- £100 supervisory fee (don't even know what this)
- £100 in admin fees

I did sign the contract knowing that I COULD be charged for these items, however, is it legal? According to Shelter, a landlord cannot keep your deposit unless they can prove they have suffered a financial loss. Just wondering if the fact that I signed the contract makes a difference...

Any advice would be welcomed!

Thanks

[Bluey]

Nope. Shelter's site provides good advice on how to challenge this and take the landlord to the small claims court. Have a look at their info again and follow their advice.

Also, look up the HM court Moneyclaim online site since you can submit a claim online which gives info about the small claims process, including a template for a suggested final letter to send before taking legal action (as it's supposed to be last resort after negotiations have failed.)

Generally, (but get advice on this), the tenant actually takes the landlord to court - the agent is an intermediary and the contract you signed with them was probably actually with the landlord whom they sign documents for on their behalf.

If your AST dates from after 06 April 2007, your deposit should have been protected by being placed in a Tenancy Deposit Scheme. A judge can instruct the landlord who has failed to do this to pay compensation to the tenant for x3 the sum of the deposit.

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

[Elle13]

great - thanks! Will keep you updated of any progress.