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Original poster

Student let - agency asking for more money after deposit returned

29 replies

Piggywaspushed · 23/08/2022 17:24

Hopefully a straightforward one. I'd be grateful for thoughts and advice.

DS1 has had deposit returned on a student shared house (not in full but what was agreed with deductions for some small issues ) and moved all stuff out. Lease ended 31 July.

The agency has TODAY contacted them all to say the landlord had a 'trouble ticket' from the council (which we have seen). This seems to have been him asking them to remove extra waste and some broken glass (in the back yard) which the council charged him £80 for. (DS isn't aware of the glass)

The agency now wants £16 out of each of them before the 'tenancy surrender document' is given to them showing they owe 'no further money'.

Two things : they can't ask for more money at this stage surely? Surely a landlord can absorb £80???? The wording of the email is interesting : it says'we would like to ask you for...' My thinking is that this issue should have been found at an inspection and before returns of deposit.

Secondly, after googling this 'tenancy surrender' only seems to apply to a tenancy which is open ended and terminated with mutual agreement, or ended early, not a fixed term one year student type let.

I just don't like the sound of this 'agreement' and worry a bit about them not paying and being chased for what could seem a paltry sum.

OP posts:
Strangeways19 · 23/08/2022 19:04

Hmmm I think landlord is trying it on. Is there a student union that the tenants could contact to discuss? Like a tenancy liaison at the university?
It doesn't seem right to me

ChatterMonkey · 23/08/2022 19:09

Did they leave the rubbish that needed to be uplifted?

If so then although i agree that technically it should have been flagged before deposit return, but for the sake of £16 they should pay to remove their own rubbish and dont think the landlord should have to swallow this cost.

FitAt50 · 23/08/2022 19:10

Strangeways19 · 23/08/2022 19:04

Hmmm I think landlord is trying it on. Is there a student union that the tenants could contact to discuss? Like a tenancy liaison at the university?
It doesn't seem right to me

How is the landlord 'trying it on? They have sent a copy of the bill from the council as evident. Why should the landlord have to pay the bill if its been caused by the tenants. I would just pay the £16 and that will be the end of the matter.

Original poster
Piggywaspushed · 23/08/2022 19:17

I am not clear on the legalities of this, though. Should have been taken off the deposit surely? They are no longer tenants once they have moved out and lease has ended.

He was very picky about the deposit as it is and , early in the tenancy, told them they were using too much gas and electric (literally two days after most of them moved in)

I know it's a small amount but when you are students nothing is a small amount.

I think looking at the ticket (it's not a bill) , the agency asked the council to clear some extra rubbish and empty a bin which may have had non recycling in it. The council asked who the owner was to bill the... the agency told them the landlord ( a property company) wo then clearly told the agency to chase the students for it. It's totally normal for landlords to pay for end of tenancy cleans etc. In fact they aren't allowed to charge for cleaning anymore.

The garden was in a right old state when DS moved in and no one is clear that the glass (in an unused garden) wasn't already there.

The students couldn't physically empty bins themselves. All rubbish was bagged and in the front garden.

OP posts:
Original poster
Piggywaspushed · 23/08/2022 19:20

Really what I am interested in is what this legal sounding Tenancy Surrender Document is. I think it's made up bollocks so would welcome a legal point of view.

OP posts:
CloseYourEyesAndSee · 23/08/2022 19:25

I've left many rented homes and never had a tenancy surrender document. Once the tenant has left as long as the fixed term has ended then the tenancy is ended. No need for a document and nobody has surrendered anything.

Original poster
Piggywaspushed · 23/08/2022 19:26

Thank you . As I thought. This agency is a bit odd compared to his previous one.

OP posts:
JennyMule · 24/08/2022 20:22

This is a try on. The landlord or their agent should have picked up any and all issues at the end of tenancy inspection. They didn't, and cannot prove that these issues occurred during your son's tenancy. Therefore your son and his fellow former tenants so not owe any monies. I would suggest a fairly formally worded email to the requestor denying liability and pointing out the above.

Original poster
Piggywaspushed · 25/08/2022 08:37

Thanks. I think it's a try on too, hence the wording of their email.

OP posts:
Jellyshoeshurtmyfeet · 25/08/2022 08:44

I used to work in lettings and as the tenancy agreement has ended there is nothing to surrender. You're correct the tenancy surrender form is for a tenant negotiating an early release from their fixed term contract. I've seen the state of some student properties that these young people have to move into and can well believe the garden wasn't properly maintained when they moved in.

jay55 · 25/08/2022 12:55

What did the check in and check out reports say about the garden?

If the glass etc wasn't mentioned on the check out report, they can't say if it was there when the tenants left or not.
Or if the check in said the garden was a mess then they left it as they found it etc....

Original poster
Piggywaspushed · 25/08/2022 13:28

Pretty sure this report doesn't exist. There are things mentioned in the deposit discussion which are all internal eg stained mattress and carpet cleaning.

OP posts:
Original poster
Piggywaspushed · 07/10/2022 19:00

Me again! Not sure if anyone is still here!

We didn't pay and they stopped chasing.

TODAY the agency have emailed all of them and told them they exceeded fair use policy on bills. They have included lots of statements which really don't show much at all and show nearly all estimated bills and an account with Bulb on business rates for energy. They want £200 from DS.

Surely SURELY they can't chase them for this money now??

They were not warned at any point apart from just under two weeks after DS moved in.

OP posts:
ChatterMonkey · 07/10/2022 21:21

Did they not take meter readings on the day they moved out? If so, as long as they have paid up to that amount then its clear. If not, then yes they may be liable for paying the outstsnding bill.

ChatterMonkey · 07/10/2022 21:23

Although i suppose it depends on whos name the utility bills are under. When i was renting, we always set up utility accounts ourselves, so would be liable for useage.

But if the bills are in the loandlords name and their rent included bills, i guess they wouldnt be able to pass the liability onto the Tennants.

CrookCrane · 07/10/2022 21:26

It all depends what the fair usage policy says surely.

MzHz · 07/10/2022 21:45

Speak to Shelter, but as the tenancy has ended and the check out completed, they can’t come back and ask for more.

what are the details of the fair use? This LL is a shyster looking to get any amount of cash from your son.

if all he has is estimated bills, he has no chance. I’d have a chat with shelter but ultimately not engage with this agent again bar pointing out that the tenancy is over, there is no inventory, there is a no proper management of energy bills, there is no paper trail. He can whistle for this money.

Original poster
Piggywaspushed · 07/10/2022 22:03

Thanks, this seems right to me!

OP posts:
TizerorFizz · 08/10/2022 17:00

@Piggywaspushed
I think it’s better for students to have the utilities in their names. Hopefully from now on DS will. Also I think the agent should have read the meters at check out. That’s normal. So from now on, read meters on arrival and exit. Plus what on earth is “fair use”? Who judges this? If the students pay the bills they are in charge. Most landlords don’t rent out this way. It’s a racket in my view.

I would also never take on a property with mess left lying around from previous tenants. Photograph it and date it. Send the pix to the agent and badger the LL/agent to clear it. Don’t accept a property with lots of work outstanding either.

My DDs have rented several properties and they’ve never had charges post end of tenancy. However they would insist on the property being clean and vet the tenancy agreement to make sure it’s fair. Your DS’s wasn’t. Sometimes cheaper properties are a mess when LL take student lets. I would pay more for a decent house, LL snd agreement.

Hopefully he will check everything in future because, sadly, not everyone can be trusted.

Original poster
Piggywaspushed · 08/10/2022 17:02

All the student houses in this city are bills included Tizer with a fair use policy . Its a bit like what we all have on Internet providers but never notice.

OP posts:
TizerorFizz · 08/10/2022 19:17

@Piggywaspushed
Im amazed! No wonder it’s open to abuse by landlords! How do they define it? What is fair and unfair? I’ve obviously not had DC in student accommodation in loads of places but I’m surprised this is an agreed status for all student lets. Clearly as prices go up, it’s a disaster for the students. Who looks at sensible use and makes a judgement?

Original poster
Piggywaspushed · 08/10/2022 19:23

They are very popular, partly because - with good landlords- it actually cushioned students from the rises. The policies are usually quite generous. I think we just have a rogue landlord here...

DS certainly didn't have an issue in second year.

OP posts:
TizerorFizz · 08/10/2022 22:57

To cushion against price rises, the landlord takes the hit. As most cities have a shortage of student accommodation, it doesn’t seem like a policy to increase student lets. Before prices were sky high, all inclusive might seem reasonable. Now a landlord won’t know what future prices will be like. None of us do. I do agree the LL seems rogue.

Original poster
Piggywaspushed · 09/10/2022 07:48

According to DS, this landlord had decreased his rental next year! A lot of the rentals are cheap and he is , I guess, struggling so trying to recoup losses in nay way he can from ex tenants.

OP posts:
TizerorFizz · 09/10/2022 08:39

Thinking about your post, I guess the answer is what was written in the rental contract. When is the rent due and what does it say about adjustments? Does it have to be when they are tenants? Normally you don’t make adjustments at all, but is there anything about a rise due to costs incurred by the LL? What about vacating? Anything in the contract about that? I suppose he might just have got the bill but it seems very strange it’s so long after they left. Any definition of “fair”?

Also if the rent is now cheaper, it’s a try on! LL is an idiot though. It’s surprising university cities have such a different attitude to bills and rents. It’s a lot easier for LL to get the rents and let students pay the bills.