end of tenancy issue- sofa

stationaryace

Hi.

Just a quick question concerning an issue with disputes over damage to a sofa and deposit use. My sister and her flatmate vacated their property on 01/06/09 after which my sister embarked on a two month backpacking trip to New Zealand and Australia, so the information I have is a little thin as it is coming from her lovely but ditzy flatmate via email :rolleyes: The flatmate was contacted by the ex-LL a few days ago who said that he was retaining £250 from each of their deposits to pay for damage to the sofa- I can't elaborate on what the 'damage' is yet as i'm still waiting for a reply and I don't know the specifics of the inventory either [having searched the forums and read other threads i am trying to anticipate questions ].

Anyway my question is since they intend to dispute this cost (as flatmate indicated to me in her original email) should they replace the sofa themselves in the meantime (less expensive than amount deducted) and fight to get the costs back from ex-LL later using the receipt, or simply dispute this in writing? I know these issues can take a while to resolve and the flat is probably (but unconfirmed) going to be let out soon- i assume it hasn't already as the ex-LL has taken over a month to check the flat and get in contact with them, and i think this would need to be sorted out before the next tenants moved in. They have rented out this particular property for 3 years and had no issues with LL until the last few months.

This is working on the assumption that no damage has been done and putting my faith in my sister and her flatmate. Also my mum was actually at the flat on the last day of the tenancy double checking it had actually been cleaned properly (gotta love mums!) so I would have thought that she would have noticed any problems- it's a 2 bed flat with kitchen and living room so not many places for her to sit when taking a tea break And no, before anyone says anything, my mum didn't break it my old LA seem angelic by comparison now

Thanks in advance [lol not quite so quick!]

BitterAndTwisted

I wouldn't contemplate replacing an article before I knew exactly what damage was being complained of. As the people were renting for three years fair wear and tear would be expected but not actual damage. Some cheap furniture probably wouldn't stand up to three years of daily use any way. What you don't want to try and do is buy a £300 sofa to replace a £1k one the landlord may have supplied: that would be insulting

Sharon87

I would ask for what the damage to the sofa was and why he thinks £250 is a justified amount. If he can't provide the details - go to where the deposit is being held - and if it isnt in a safety deposit scheme, it should be, then you need to talk to someone about that (not sure who though).

tbs624

Did your sister and her co-tenant pay their tenancy deposits after 6 April 2007 and if so (Eng/EWales) has it been scheme-registered. You /she can check with each of the three schemes here.

If the LL wants to withhold a total of £500 he needs to confirm that in writing and give full details of why he think the deduction is justified. Tenants have to return a property in the same condition as when originally let, save for fair wear and tear. FW&T does * not* include dirt or damage. Was an inventory completed at both the start & end of the tenancy, and was it signed by both the Ts and the LL?

If the deposit * is* scheme registered then they need to notify the scheme administrators of a dispute and take it from there. If the deposit has *not* been registered then the Ts can pursue the LL to court and may be awarded 3x the deposit amount plus the return of the deposit itself.

stationaryace

Thanks for the replies. It's in Scotland so i'm not sure what difference that makes. I'll pass this on.

tbs624

Scotland= no tenancy deposit regulations yet, but the LL does have to be registered with the local council. There will be a council officer with responsibility for private sector lettings who should be able to offer some advice.

The bit about FW&T and inventories is still relevant though, and a T's recourse is via the small claims track at the Sherriff Court if no agreement can be reached.

Blacksheep1979

Even if the sofa is totally trashed the landlord can't ask for a full replacement as there has been some use out of it. For example if you would expect the £500 sofa to last 5 years and he's had 3 years from it he can only realistically ask for £200.