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  • FIRST POST
    becciboop
    Landlord Won't Return Deposit
    • #1
    • 18th Nov 12, 10:40 AM
    Landlord Won't Return Deposit 18th Nov 12 at 10:40 AM
    Hi all
    I have recently moved out of a rented property after being there for just over 6 years. The whole place was cleaned top to bottom before I moved. The landlord told me that the blinds and some carpets need replacing as they were old/dirty. The carpet in the hall was damaged near the door. The blinds were dirty. I have asked him to send me receipts and a report of what needs doing and he said he will, but unfortunately he won't be returning my deposit. Where do I stand on this? Is there anything classed as reasonable ware?

    Thanks all.
Page 1
  • Mr Pitiful
    • #2
    • 18th Nov 12, 11:05 AM
    • #2
    • 18th Nov 12, 11:05 AM
    When did you last sign a contract? Have you signed for a new term since April 2007?
  • becciboop
    • #3
    • 18th Nov 12, 11:41 AM
    • #3
    • 18th Nov 12, 11:41 AM
    Hi, we signed in September 2006 for a 6 month contract, and did not signed anything since then.

    Thanks
    • dacouch
    • By dacouch 18th Nov 12, 11:45 AM
    • 20,266 Posts
    • 12,510 Thanks
    dacouch
    • #4
    • 18th Nov 12, 11:45 AM
    • #4
    • 18th Nov 12, 11:45 AM
    He needs to take into account wear and tear on the replacements eg if a carpet had an expected life of say ten years and the carpet is 6 years old. He can only claim four tenths or 40% of the replacement cost.

    Is there a signed check in inventory?
  • Mr Pitiful
    • #5
    • 18th Nov 12, 11:54 AM
    • #5
    • 18th Nov 12, 11:54 AM
    Wear and tear is to be expected, especially when someone has been in a rental property for 6 years. Even if the house and everything in it was brand new when you took up residence, a landlord can't expect it to be in that condition when you leave. Yes, it has to be in the same state of cleanliness, but not condition.

    Wear and tear on carpets is to be expected, especially in places of high traffic, such as halls and stairs. The landlord can only charge for damage and wear and tear beyond reasonable use. For example small marks or scuffs on walls would be expected over the course of 6 years, but if you spilt red wine on the carpet, that would be damage.

    Ultimately, if your landlord refuses to give you your money back, and you can't come to an agreement, your only recourse would be via the courts.
  • becciboop
    • #6
    • 18th Nov 12, 11:59 AM
    • #6
    • 18th Nov 12, 11:59 AM
    He needs to take into account wear and tear on the replacements eg if a carpet had an expected life of say ten years and the carpet is 6 years old. He can only claim four tenths or 40% of the replacement cost.

    Is there a signed check in inventory?
    Originally posted by dacouch
    Hi, sorry what do you mean by signed check in inventory?

    There is damage on the carpet downstairs and upstairs in the hall. But the blinds were fine, just a bit less white and a few cat hairs on them. I haven't received the report yet from him so I am not sure how much he is claiming back for things but he told me in a text I would not be receiving any of the deposit back at all which was a months rent.
  • Mr Pitiful
    • #7
    • 18th Nov 12, 12:04 PM
    • #7
    • 18th Nov 12, 12:04 PM
    Hi, sorry what do you mean by signed check in inventory?
    Originally posted by becciboop
    Something that you and the landlord signed confirming the condition of the property when you moved in.
    • dacouch
    • By dacouch 18th Nov 12, 12:06 PM
    • 20,266 Posts
    • 12,510 Thanks
    dacouch
    • #8
    • 18th Nov 12, 12:06 PM
    • #8
    • 18th Nov 12, 12:06 PM
    Hi, sorry what do you mean by signed check in inventory?

    There is damage on the carpet downstairs and upstairs in the hall. But the blinds were fine, just a bit less white and a few cat hairs on them. I haven't received the report yet from him so I am not sure how much he is claiming back for things but he told me in a text I would not be receiving any of the deposit back at all which was a months rent.
    Originally posted by becciboop
    An inventory of the property and it's condition when you moved in, without one the landlord in effect cannot claim for damages so it's important you find out if there was one
  • ILW
    • #9
    • 18th Nov 12, 12:37 PM
    • #9
    • 18th Nov 12, 12:37 PM
    Bearing in mind it was 6 years ago, is the deposit a lot of money?
  • becciboop
    I am not sure if there was one..I will check documents that I have. I think we just signed a contract and then our guarantor signed something too. If there wasn't one then what does that mean? Sorry for being stupid!

    It was £525.
    • Okydoky25
    • By Okydoky25 18th Nov 12, 1:32 PM
    • 978 Posts
    • 865 Thanks
    Okydoky25
    Is it in a deposit scheme?
    • dacouch
    • By dacouch 18th Nov 12, 1:47 PM
    • 20,266 Posts
    • 12,510 Thanks
    dacouch
    I am not sure if there was one..I will check documents that I have. I think we just signed a contract and then our guarantor signed something too. If there wasn't one then what does that mean? Sorry for being stupid!

    It was £525.
    Originally posted by becciboop
    If there is no inventory performed and kept on moving in then the landlord cannot (Unless they have some really good other evidence) proof of what condition the property and indeed the items he's saying are damaged were. Without this he will lose in court and will need to pay your deposit back in full
  • becciboop
    Is it in a deposit scheme?
    Originally posted by Okydoky25
    I don't think so, we moved in September 2006.
  • becciboop
    If there is no inventory performed and kept on moving in then the landlord cannot (Unless they have some really good other evidence) proof of what condition the property and indeed the items he's saying are damaged were. Without this he will lose in court and will need to pay your deposit back in full
    Originally posted by dacouch
    Ah right ok. I'll have a look and see what docs I have. I'm just really upset that despite us being there for 6 years and paying rent on time and causing no damage other than a frayed carpet and the blinds being a bit dirty, he's not giving the deposit back
    • Fire Fox
    • By Fire Fox 19th Nov 12, 8:37 AM
    • 23,843 Posts
    • 27,064 Thanks
    Fire Fox
    Run an advanced search on the 'House Buying Renting & Selling' board, this comes up several times a week. You need to know if your deposit was lodged with one of the three schemes (check with them all), check to see if you have an inventory, how detailed that is and if both parties signed it.

    There is fair wear and tear but dirt and damage are not included in this. Wear and tear is things like sunlight fading paint or carpet thinning where it has been walked on many times. The landlord cannot charge to replace old carpets with new, he could charge you for cleaning them or for part of the cost of replacement (minus depreciation) if they were stained by you and cannot be cleaned. Why is the carpet frayed? Is that down to normal walking on the carpet or did you catch something on it and cause a pull?

    You need to write to your landlord asking for a breakdown of all the charges levied, copies of quotes and a copy of the dual signed check in inventory. Send two copies from different Post Offices and get a proof of posting each time. Do not communicate with your landlord via text message, you need a paper trail.
    What a difference a day makes, twenty four little hours.
  • Wywth
    Hi all
    I have recently moved out of a rented property after being there for just over 6 years. The whole place was cleaned top to bottom before I moved. The landlord told me that the blinds and some carpets need replacing as they were old/dirty. The carpet in the hall was damaged near the door. The blinds were dirty. I have asked him to send me receipts and a report of what needs doing and he said he will, but unfortunately he won't be returning my deposit. Where do I stand on this? Is there anything classed as reasonable ware?

    Thanks all.
    Originally posted by becciboop
    Presumably the deposit is being used to fund the repairs necessary and for which the LL is going to supply you receipts?

    If so, why do you think you will get your deposit back? What did you think you paid it for?

    More useful information can be found on the Citizens Advice self-help website www.adviceguide.org.uk or by calling the Citizens Advice Consumer Helpline (0845 4040506) or you could contact your local Citizens Advice Bureau which you can find at www.citizensadvice.org.uk.
    Last edited by Wywth; 19-11-2012 at 10:25 AM.
  • CAB National Representative
    Hi all
    I have recently moved out of a rented property after being there for just over 6 years. The whole place was cleaned top to bottom before I moved. The landlord told me that the blinds and some carpets need replacing as they were old/dirty. The carpet in the hall was damaged near the door. The blinds were dirty. I have asked him to send me receipts and a report of what needs doing and he said he will, but unfortunately he won't be returning my deposit. Where do I stand on this? Is there anything classed as reasonable ware?

    Thanks all.
    Originally posted by becciboop
    Hi becciboop - we'd suggest that you contact your local bureau and arrange to talk or meet with an adviser for help and suport on this, and as soon as you can. And it would be best to have any tenancy documents (esepcially the agreement) to hand and also any letters from the landlord of the property.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • becciboop
    Hi becciboop - we'd suggest that you contact your local bureau and arrange to talk or meet with an adviser for help and suport on this, and as soon as you can. And it would be best to have any tenancy documents (esepcially the agreement) to hand and also any letters from the landlord of the property.
    Originally posted by CAB National Representative
    Hi, I have been calling all morning and I just keep getting an automated message saying they can't take my call. I have emailed them asking for an appointment.
  • becciboop
    Run an advanced search on the 'House Buying Renting & Selling' board, this comes up several times a week. You need to know if your deposit was lodged with one of the three schemes (check with them all), check to see if you have an inventory, how detailed that is and if both parties signed it.

    There is fair wear and tear but dirt and damage are not included in this. Wear and tear is things like sunlight fading paint or carpet thinning where it has been walked on many times. The landlord cannot charge to replace old carpets with new, he could charge you for cleaning them or for part of the cost of replacement (minus depreciation) if they were stained by you and cannot be cleaned. Why is the carpet frayed? Is that down to normal walking on the carpet or did you catch something on it and cause a pull?

    You need to write to your landlord asking for a breakdown of all the charges levied, copies of quotes and a copy of the dual signed check in inventory. Send two copies from different Post Offices and get a proof of posting each time. Do not communicate with your landlord via text message, you need a paper trail.
    Originally posted by Fire Fox
    Actually, its not even the landlord that I am dealing with, its the 'handyman' for the property that does all the landlords work/jobs on the flats. I have never seen the landlord in the 6 years I lived there. When I wrote to the landlord giving notice, I had to deal with the 'handyman'. He has told me I will receive a written report of what the charges are.
    The carpet was frayed because of our cats. I understand the charge for the carpet but I don't believe I should be charged for the whole of the amount as he's basically getting a free carpet from me! And the blinds just needed a clean, as expected after 6 years.
  • CAB National Representative
    Hi, I have been calling all morning and I just keep getting an automated message saying they can't take my call. I have emailed them asking for an appointment.
    Originally posted by becciboop
    We're sorry to hear about the issues you've been having in reaching your local bureau on the phone, and hope that your email is answered quickly enough.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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