Rental Deposit Help

keli2125

Can anyone with knowledge on the legalities of deposits for rented houses give me some advice please? I moved house 2 months ago & am not sure where i stand with regards to my deposit.
I was sent a letter a couple of weeks after moving out with a list of things they wanted to deduct from my deposit, some of which i agreed with but most of them i didnt. I wrote back stating my case & a few weeks after that i received another letter stating they were going to deduct some money for cleaning the house & some money for cleaning the carpets, however they also stated in the letter that they are not getting the carpets cleaned & are going to put the money towards replacing the carpets instead. The letter stated how much this would all cost & how much of my deposit i would receive back, stating they would get a cheque sent out to me. Today i got another letter from them, with the cheque enclosed, however they have deducted more than the last letter said they would, & have added some more things to the costs, both being items i wasnt happy with on the initial list they sent me. My question is can they do this, as i have a letter stating how much they are returning to me, can they just change it after? Also i am wondering if they can charge me for cleaning the carpets if they aren't actually cleaning them? The carpets weren't great when i moved in, & in the first letter i received from the agent they even acknowledged this fact, so they do need replacing, as with general wear & tear. Just to add I moved in in Nov 2003, so was not covered by the new laws.
Any advice would be greatly appreciated!

keli2125

Hi, still looking for help with this one, if anyone can!?! Thanks in advance!

old_mans_knees

Hi. Really sorry to hear about your deposit troubles and I sympathise. Unfortunately I'm not sure there's a lot you can do unless you've lost a lot of money and are prepared to pursue it yourself through the small claims courts. That would be a big gamble as you would have to cover your own costs regardless.

It's expected that tenants have the carpets cleaned before vacating a property, so if the landlord feels that the carpets are too far gone and do need replacing, it's reasonable that they put the same amount of money that they would have spent on cleaning towards a new carpet. It would not be fair to charge you for a full replacement carpet if you've not done any specific damage to it beyond normal wear and tear, which is expected.

In my opinion, unless you've really lost an awful lot, it might be better to put this behind you and forget about it, as worrying about it longer could drive you mad. And I know that's difficult because you feel wronged, but I've lost money that way myself. On the bright side, the new tenancy deposit schemes offer a lot more protection so hopefully it need never happen again.

I know it's not what you wanted to hear, but good luck with it all anyway.

poppy10_2

keli2125 wrote: »

CAlso i am wondering if they can charge me for cleaning the carpets if they aren't actually cleaning them?

No, they can only charge you for work they have actually had carried out. Also, if the carpets were old/worn when you moved in, they can only charge you the replacement cost of putting in carpets of a similar condition - a rough rule of thumb is that the carpets are worth 10% less with every year that passes due to wear and tear, so if the carpets were 7 years old when you moved in, they can only charge you 30% of the cost of replacing them with equivalent new carpets .

If you have lived there for four years, it is to be expected that there would be a fair degree of wear and tear over this time. To be honest it sounds like your LL is a chancer - I don't agree with the above poster, I would pursue this, starting by demanding that they provide you withing 14 days with a breakdown of the costs they have deducted, with accompanying receipts, and three quotes for each item of work they have undertaken. Many chancers scare easily, they may just fold and give you your money back if you sound confident and demanding enough rather than risk a legal battle.

poppy10_2

Avoiding Betterment & Considering Apportionment

The landlord should not end up, either financially or materially, in a better position than he was at commencement of the tenancy, or than he would have been at the end of the tenancy having allowed for fair wear and tear.

To avoid betterment, the allocation or apportionment of any costs, charges or compensation for damage must take into account all the factors relating to

(a) fair wear and tear,
(b) the most appropriate remedy and,
(c) that the landlord should not end up either financially or materially in a better position than he was at commencement of the tenancy or as he would expect to be at the end of the tenancy having considered (a) and exercised (b).

The principles of some very general examples might include

1. A small to medium stain or mark on a carpet or mattress - perhaps £15 - £35 e.g. the cost of a "spot" clean or, this amount as the tenants' contribution to a full clean of the whole item, or as compensation for the diminution. A small to medium size chip or mark, scratch or burn on a kitchen worktop - perhaps £5 - £25. A landlord could of course decide to have a new carpet put down or a new kitchen worktop installed if they wished, but, they cannot lawfully charge the tenant for that full cost. The costs should be apportioned and shared between landlord and tenant on the principles given above. E.g. Cost of new carpet £500 - apportioned £465 to landlord, £35 to tenant.

In the rare circumstances where damage (to the worktop/carpet/mattress) is so extensive or severe to the item so as to affect the lettability or quality of the property, the most appropriate remedy might be to apportion costs according to the age and useful lifespan of the item.

The landlord/agent has a duty to adopt the most reasonable and practical and appropriate approach to assessing remedy, and should keep in mind that the tenants' deposit is not to be used like an Insurance policy where you might get "full replacement value" or "new for old"

http://www.arla.co.uk/infosheets/list.aspx?id=7#

poppy10_2

These two links should prove helpful:
http://england.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/tenancy_deposits/return_of_unprotected_deposits/negotiating_on_deposits
http://england.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/tenancy_deposits/return_of_unprotected_deposits/going_to_court

keli2125

Thanks alot Poppy, i will start reading!!!