Retainer for cleaning and deposits?

by Readers Question

16:33 PM, 17th October 2016
About 2 years ago

Retainer for cleaning and deposits?

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Retainer for cleaning and deposits?

With reference to retainers and deposits, if a Landlord puts his/her property in the hands of a letting agent on a fully managed service, when the fees are all calculated for the prospective tenant to pay, can the Landlord ask for a £200 retainer on top of the deposit and all the agents fees and say that this is none refundable and will be used at the end of the tenancy to clean the property and steam clean mattresses within the property.steam clean

Or am I right in thinking that as a deposit is being held against the property this is what would be used at the end of the tenancy should there be any cleaning or damages left by the exiting tenants?

Also at the end of the tenancy if there is no cleaning or damages to be charged to the tenant should both the retainer that the Landlord said was for cleaning and the deposit be refunded in full. Or can the Landlord be legally entitled to keep the retainer that they said was none refundable and would be used for cleaning at end of tenancy.

Any help on this would be greatly appreciated thank you.

Carol



Comments

Neil Patterson

16:36 PM, 17th October 2016
About 2 years ago

Hi Carol,

Unless it is an expressed fee within the contract regardless of condition then the danger is that this will be seen as an unprotected deposit.

Joel Davis

22:03 PM, 17th October 2016
About 2 years ago

Perhaps a flaw of the deposit legislation is that the definition of 'deposit' makes no reference as to whether the sum paid is potentially refundable. see HA 2004 s.213(8).

Common understanding is that a deposit is money that T has the right to be returned at the end of the tenancy but this is NOT how it is defined in law. It is quite possible for a sum that is non-refundable to require protection even though there is no right to the money being returned!

Does anyone know why the govt. decided to define 'deposit' this way?


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