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Getting a deposit back..
Comments
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I think you may possibly be being mis-led regarding the cost of the replacement carpet by the words "b^gger all" and "small token payment"
It is true however that you will not be liable for the total cost as allowance must be made for existing wear & tear.
However, there are some carpets that will be lucky to last 2 years whilst others last 20+ years.
So you need to decide, in agreement with the LL, the original life expectancy of the carpet. Also required is how old it actually was.
Let me explain by example.
Lets assume for the sake of argument the carpet was cheap and so did only have a short life expectancy of 5 years. And lets assume the carpet was 2 years old. So if you hadn't damaged it, it would have been expected to last a further 3 years.
On that basis, you would be expected to pay 60% of the cost of a replacement carpet of equal quality.
If it had been a quality carpet, the LL could prove this (with the original receipt & spec) AND had conducted an ingoing inventory which the tenant had agreed & signed, then I would agree with you.
I'd made an assumption that a LL who doesn't bother with an inventory is vey unlikely to have installed a good quality carpet - so 5 years is about the maximum life expectancy of a cheap one. However, the age & quality of the carpet is rather irrelevant in the OP's case, as no inventory was conducted.0 -
And you can have carpet tested for how many threads it has (they cut a sample from inside a cupboard or somewhere not noticeable) - if there's dispute.0
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With all due respect, I've not seen the hole and nor have you. However, the OP has and I have used the same word as she used in her post#4barnaby-bear wrote: »I don't think you should be describing it as hole, because everyone assumes some weird damage from unnatural usage; describe it as threadbare patch of wear and explain it was from normal usage....owensmum75 wrote:...He said he's waiting for a quote for a new front room carpet as we made a hole in it (which is true). ..."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
...I'd made an assumption that a LL who doesn't bother with an inventory is vey unlikely to have installed a good quality carpet - so 5 years is about the maximum life expectancy of a cheap one. However, the age & quality of the carpet is rather irrelevant in the OP's case, as no inventory was conducted.
I feel sure the LL has a copy of the receipt for the carpet. It's needed for tax purposes.
The lack of inventory is extremely important and could seriously go against the tenant in this matter. Without an agreed inventory/statement of condition (or other evidence) the LL is holding all the cards and the ex-tenant would have difficulty in proving otherwise.
A court would have to assess any claim on the balance of probablity and if
e.g. if the LL has a receipt showing a top quality carpet (one which may be reasonably expected to last 20+ years) was installed just before the tenancy started (which was 4 years ago), the the tenant could be left with paying 80%+ (16/20) of the price of a replacement carpet. :eek:
Please, please, please, tenants, always insist on an inventory/statement of condition when starting & ending a tenancy - it's in as much interest of you as a tenant as it is of that of a LL."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
I feel sure the LL has a copy of the receipt for the carpet. It's needed for tax purposes.
The lack of inventory is extremely important and could seriously go against the tenant in this matter. Without an agreed inventory/statement of condition (or other evidence) the LL is holding all the cards and the ex-tenant would have difficulty in proving otherwise.
A court would have to assess any claim on the balance of probablity and if
e.g. if the LL has a receipt showing a top quality carpet (one which may be reasonably expected to last 20+ years) was installed just before the tenancy started (which was 4 years ago), the the tenant could be left with paying 80%+ (16/20) of the price of a replacement carpet. :eek:
surely the tenant would be holding all the cards? the LL may produce a receipt showing that the carpet was of the finest quality, but has no proof of what state it was in at the time when the OP moved in. The previous tenants may have been chain smoking motorbike repair enthusiasts, 6 large dogs & with agoraphobia
Unless the receipt was dated on or very near the day the tenants actually moved in. 0 -
quote=owensmum75;18151911] Well, I've heard back from my landlord. From the tone of his letter I don't think we're going to see our deposit again!
He said we left the house needing extensive cleaning (my parents cleaned the day we moved out), that there is a flea infestation (I have two cats but I think I would have noticed an infestation), that the back garden needed several trips to the tip to clear up (we admit we didn't tidy the garden but at most it would have been 2 trips).[/quote]
You can only be asked to return the property in the same condition as let to you, fair wear & tear excluded. As Sooz says, the fact that there was no inventory weakens the LL’s case. In the interests of fairness,however, perhaps you should make an offer on the garden clearance - it is a general requirement of most tenancy agreements that you will keep/return a garden in a “tidy” condition.
Had the LL agreed to the cats being in the property and if yes, were any special conditions attached to the tenancy agreement? Check what the local council would charge for a treatment for that size property & accept that you may have to cough up for that one.
If you were on a periodic agreement unfortunately the LL doesn't have to give any reason for giving you notice.owensmum75 wrote: »He asked us to move out because he couldn't afford to keep the house given the current climate.The day after we moved out he moved in the neighbours son and daughter in law.
He can’t just randomly pick a figure for cleaning, especially if he has nothing to show the condition of the property at the start.owensmum75 wrote: »He paid them £150 to clean the house which he is taking out of our deposit and is claiming that there is still a lot of cleaning to be done.
Agree with BBear and Sooz on the carpets - I would argue FW&T on that one and leave him to prove otherwise.owensmum75 wrote: »Bearing in mind we moved out in November. I'm not sure what to do. He said he's waiting for a quote for a new front room carpet as we made a hole in it (which is true). Can I ask for copies of quotes?
Do you still have a copy of this reference?owensmum75 wrote: »If the property was that bad why did he move someone straight in? When we moved to our new house he had to provide a reference as to our suitability as tenants. He stated we left the property in a good state so why is he now coming up with problems?
Any T should always log repairs issues in writing to the LL/LA at the earliest opportunity so that there is a clear paper trail - the problem is that often Ts put up with things during the tenancy, don't have proof and then bring it all up when there is a deposit return issue. The two issues are separate.owensmum75 wrote: »As an aside to all this, he left us twice without heating and hot water for a total of 12 days with an infant who suffers with eczema and needs frequent baths but didn't once offer to compensate us. The front room windows leaked like a tap when it rained, a problem I constantly told him about but he did nothing. The back room window didn't shut properly so was always drafty, something I mentioned on many occasions.
Given that you moved out in November & you've still not had resolve it’s time to make him an offer in writing for the bits you may feel are warranted and to ask for the return of the balance within the next 7 working days. If he doesn’t agree then you have the option to pursue the matter through the small claims court.0 -
Can anyone help with letter writing? I'm no good at stuff like this!0
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... Unless the receipt was dated on or very near the day the tenants actually moved in.
You mean like:Premier wrote:...A court would have to assess any claim on the balance of probablity and if e.g. if the LL has a receipt showing a top quality carpet (one which may be reasonably expected to last 20+ years) was installed just before the tenancy started (which was 4 years ago), the the tenant could be left with paying 80%+ (16/20) of the price of a replacement carpet. :eek:
"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
have sent a PMowensmum75 wrote: »Can anyone help with letter writing? I'm no good at stuff like this!
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Well the letter has been sent. He should have got it today.....:eek:0
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