Difficult situation Re: employer, landlord, deduction of salary ...

[SausagesAndBananas]

I am in a bit of a complicated situation regarding my employer, landlord, wages not being paid and an unfair ( I think) charge on a rental property. I think I have been unfairly treated but I'm not sure how to go about trying to sort it out.

For the past few years I have worked for a company, and as part of my job have had accommodation provided for a small amount of rent (approximately half the true rental value) by the company. The house was essential for me to complete my job. 6 months ago they told me I would no longer be needed from September.

As agreed I moved out of the rented house in July so the accommodation could be passed over to a new employer ready for them starting their job with the company in September.

With me so far?

The issue is this, July's salary was paid. August's salary was paid but they deducted £500 as payment because the house was 'in an unsatisfactory state' not 'ready for occupation' and 'required two cleaners 33 hours to get the house up to an acceptable standard'.

There was no warning from them that this was going to happen at any stage between moving out and receiving August's salary. The house was scrubbed to within an inch of it's life when we moved out, skirting boards, windows, insides of cupboards etc.

The house was in a pretty poor state when we moved in and hadn't been redecorated or anything before we took possession. I have photographs for example, showing a pencilled height chart on one of the doorways with names and dates from the previous staff member. When we were there, the water tubs in the loft leaked through a ceiling. Although the maintenance team stopped the leak, they did not repaint so there were water marks in one place.

No deposit was ever taken when we moved in.

Is there any way I can argue my case? Is it fair that they can suddenly decide without any warning that they are going to deduct money from a salary? Are we just lucky they only took £500 rather than the whole salary? It seems unfair they can decide without any redress an amount to deduct.

Sorry for such an epic read. Please help!

What does your contract state?

Firstly check you contract do you have any clauses about deductions.
If you do not they have made an unlawful deduction from your wages.
If there is a clause this would still be way in excess of what would be reasonable.
Did you have any kind of contract? Usually it is an additional clause to your employment contract stating that you are not creating a tenancy so have no right to remain once a job has ended.
If you have none of these clauses they are on very dodgy ground and paying a few pounds to have a solicitor write a firm letter about unlawful deductions will hopefully scare them into doing the right thing.

Bother, bother, bother. You are right about the contract. The employment contact is separate from the house contract.

"The employer accepts responsibility for and to meet the reasonable costs of any repair to the accommodation which may be required by reason of the employees negligence, neglect or damage."

"If upon the employees vacation of the accommodation the company has to incur any expenditure to restore the accommodation to a reasonably habitable condition by reason of the employees failure to take proper care of the accommodation and to keep it in a fit state, the employee hereby agrees that the expenditure so incurred by the company will be recoverable by the trust."

So well and truly stitched up then. They can take what they feel like. I would very strongly argue that the accommodation was more than reasonably habitable (it just needed a lick of paint, nothing was broken or damaged) and I can't see how it could possibly have needed 33 hours cleaning. There wasn't even dust on the tops of the door frames!

When we moved in the house hadn't been repainted since the previous tenants themselves moved in (I suspect), neither re-carpeted. I do still have their current address, I'm not sure if they would confirm that? That puts the décor and carpets at probably 10 years old at least. Another current employee might confirm the state of the place when we moved in, but I'm not sure if that would be too much to ask of them, or might place them in a difficult position. It possibly wouldn't change anything either.

It just seems terribly unfair.

You may be able to recover this money as a small claim. Your argument is that you did take proper care of the accommodation, you did keep it in a fit state and that the house was in a much better state when you handed it back than it was when you moved in. I would start by writing to them and saying that.

I don't think you necessarily need the previous tenants or a current employee to confirm the state of the property when you moved in. You have photos you can use as evidence. Ask them what evidence they have that you had not taken proper care of the accommodation and that it was not in a fit state. If they fail to produce evidence the next step would be to write to them demanding return of your £500, setting a deadline and informing them you will be taking legal action to recover this money if they do not return it by the deadline.

Post again in employment issues or PM littleredsquirrel who is an employment lawyer, but I think that agreeing that money may be recoverable is not necessarily agreeing to a deduction from wages.

They told you that you would no longer be needed, but yet a new employee who presumably also needs to live in the house, and so is presumably doing the job you were, is starting work? Did they tell you your role was redundant?
I know I'm missing the point completely.

You have photos for your evidence what evidence and proof do they have? sounds like none, and are trying it on. I Would be knocking on the door of the person in your company responsible for this and having it out with them face to face. They may not realize the state of the house when you moved in. They may be new in the job etc or info not passed on, bad record keeping etc,

I would ask for a list of exactly what needed cleaning/repairing and then you can argue each thing, but I agree speak to someone with legal knowledge. It seems unfair that they can link your accommodation charge to your wage like that.