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Adam P

  • Posts: 1448
we cleaned a house for a tenant back in april. tenant was nice and never seemed like he'd con us out of the money. we do moving house cleans pretty much every single day and rarely have an issue, and then it's only small time so never considered this.

tenant ended up never paying and stopped all contact. we then get in touch with the letting agent, who mentioned they will look to pay the bill from the deposit, after a little wait we were put onto the landlord, who was going through some Deposit Protection Scheme to get money to pay for repairs etc due to damage by the tenant. lots of waiting around with the assumption we'd get paid, but finally this week the landlord gets the money but we don't as the DPS decided as the bill was with the tenant we shouldn't get the money paid to the landlord who would then pay us.

now i can go through the court order process i've used before, however i don't have the current address and waiting for the landlord to find this out.

what i wanted to know is does anyone know why i wouldn't get paid out of the deposit? it seems silly to me, this is what the deposit is there for surely? e.g. if there was an unpaid gas bill, the deposit would be there to pay this?

anyone got any suggestions as to what i can do now other then going down the court route as it's slow, costs, and i don't at this moment have their current address and i'm not holding out that we will be getting it.

Andrew Briscoe

  • Posts: 1311
I would say your dealings are with the client that booked you, had you done the works for the landlord then you would of had a chance to claim through DPS

I once had a client that posed as the landlord, half an hour before we finished,
he said he was popping to the bank to get some cash, 2 hours later I was still waiting.

Turned out he was the tennant, took me 6 months to track him down and knock on his door 1 dark night, the look on his face was a picture when he saw me.

Got the cash before leaving.

*Hector*

  • Posts: 9268
Adam..

The DPS will only deduct money for the repair of damage to the property, or compensation for damage. And for rent arrears.

It will not deduct money for bills. Andrew is correct, it was the tenant who booked you, and therefore the tenant who owes you. The only legal way is through the courts once you have found the address.

The deposit is at all times the property of the tenant, and the DPS is not allowed by law to take money out for anyone who wishes a bit.
Everyday this forum slips further from God.  :'(

simonmnickson

  • Posts: 63
Your contract was with the tenant - nothing to do with agent or landlord.
Always insist on payment up front with tenants or dont entertain them.

wynne jones

  • Posts: 2918
Landlords and agents take deposits to protect themselves against people like that. Not to protect third parties. Anyone who suggested you would get your money through the deposit was giving you false hope.

How much was it for? If it's under a couple of hundred quid is it worth persuing and spending time on it?

If you are going to expend energy on something make it a system where you know you are paid on the day. I never ever don't get paid on the day or before with an EOT. 

Some people go on about 'the principle' and 'someone getting one over' whilst these tenents are scumbags and could do with a good beating, you really ought to look at how it happened and make sure it never happens again and let go of this one.
It's not expensive, you just can't afford it.

Richard Basey-Fisher

  • Posts: 260
I have strict rules when doing eot work.

Whoever arranges the work is responsible for the invoice

if the tenant arranges payment is due on completion bu cash or card  if they havent got the money theydont get a paid invoice to get there deposit bk

If the agent calls and and arranges they are responsible for the invoice regardless about deposit scheme  in my terms i have this down

Same for landlord

Deposit schemes are there to protect the lanlords property and the tenants deposit not to pay mr carpet cleaner

ian harper

learn from it and move on. use terms of service and only take cash from move outs. one other area never work for third parties always direct as you are answerable to that person.