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  • FIRST POST
    • nitra
    • By nitra 10th Oct 17, 5:44 PM
    • 36Posts
    • 614Thanks
    nitra
    Using deposit clean carpet but is advertising property as newly renovated?
    • #1
    • 10th Oct 17, 5:44 PM
    Using deposit clean carpet but is advertising property as newly renovated? 10th Oct 17 at 5:44 PM
    Recently vacated a property after buying my own place.

    The agent wants to use some of my deposit to clean the carpet, I'm pretty sure that the stain was already there but it was only £30 of a £875 deposit for the specific stain they were looking at. In addition to a whole house clean for £65 (again seemed reasonable so I said fine).

    This was a discussion that took place today, I then went online out of curiosity to look at the property and found that they are advertising the property as "newly renovated".

    I assume therefore that they are either
    1. lying in the ad (we lived in the property for ~18 months and it certainly wasn't renovated when we moved in, see pictures for examples of general condition).
    2. or, pocketing our deposit then renovating

    Are they allowed to do this assuming the renovation is legitimate? And if they aren't what would the best cause of action be (I think I'd take what they are prepared to pay back, then ask for a receipt for the stuff they charged for)
Page 1
    • LEJC
    • By LEJC 10th Oct 17, 5:48 PM
    • 9,161 Posts
    • 57,447 Thanks
    LEJC
    • #2
    • 10th Oct 17, 5:48 PM
    • #2
    • 10th Oct 17, 5:48 PM
    I have seen instances where the pictures and description are just rolled over on tenancies, so this may be similar.

    In effect the LL lets the LA know the property is going back up for rent and they just reload the pictures and description.

    This is probably what's happened in your case....

    Not best practice but it certainly happens
    frugal October...£29.92 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 141 out 118 in ...£14.92 spend
    • nitra
    • By nitra 10th Oct 17, 5:54 PM
    • 36 Posts
    • 614 Thanks
    nitra
    • #3
    • 10th Oct 17, 5:54 PM
    • #3
    • 10th Oct 17, 5:54 PM
    So just a mistake and not worth worrying about? It would make sense the pictures they used are probably a couple of years old.
    • LEJC
    • By LEJC 10th Oct 17, 6:00 PM
    • 9,161 Posts
    • 57,447 Thanks
    LEJC
    • #4
    • 10th Oct 17, 6:00 PM
    • #4
    • 10th Oct 17, 6:00 PM
    I believe the LL is not obliged to provide receipts in proof of cleaning.

    the figure deducted from your deposit is to reflect the change in condition of the carpet between check in as documented in the inventory and check out as documented....minus wear and tear.

    Realistically the LL can use that money as they wish....but they are unable to claim betterment from your deposit.
    frugal October...£29.92 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 141 out 118 in ...£14.92 spend
    • saajan_12
    • By saajan_12 10th Oct 17, 6:07 PM
    • 833 Posts
    • 547 Thanks
    saajan_12
    • #5
    • 10th Oct 17, 6:07 PM
    • #5
    • 10th Oct 17, 6:07 PM
    As mentioned, the ad description may just be old / mistaken. However even if they are renovating for the new tenants, they CAN still charge for cleaning.

    You are liable for the loss in value of the damaged item or the cost of remedying your damage, so if they cheapest way of doing this is by cleaning, then you are liable for the £30 cleaning charge. This is to compensate them for the loss in value of having a stained carpet. If on balance the LL choose to renovate because it now looks in poor condition (partly because of the stain, partly because of wear and tear for which you aren't liable, or partly because of any reason) they can renovate. They DON'T have to use the £30 to actually clean.
    • nitra
    • By nitra 10th Oct 17, 6:09 PM
    • 36 Posts
    • 614 Thanks
    nitra
    • #6
    • 10th Oct 17, 6:09 PM
    • #6
    • 10th Oct 17, 6:09 PM
    Fair enough, the amounts involved don't make me feel like it's worth hassling them (or myself) over, they could easily be more petty.

    I just wondered if it was something so obviously wrong that I could just point to that and get £95 for my trouble.
    • G_M
    • By G_M 10th Oct 17, 6:12 PM
    • 41,422 Posts
    • 47,762 Thanks
    G_M
    • #7
    • 10th Oct 17, 6:12 PM
    • #7
    • 10th Oct 17, 6:12 PM
    No. If you caused the stain, you owe the money. Whether the LL spends that money on cleaning the stain or drinks all round at the pub is up to him.

    As for how he re-advertises, that's between him, his agent, and prospective new tenants.
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