Renting - can a lettings agent keep your bond AND send you a bill too?

leo886

Hi All,

I have just moved out of a rented house that I have been in for a year. The property was a barn conversion on a farmyard, with cream carpets. It would be fair to say that the carpets have always been very 'average' in quality - the pile is very thin and cream carpets in a farm environment are really not easy to keep clean.

The landlord has always been friendly and approachable, if somewhat forgetful (he's quite old). He uses an agent who manage the property on his behalf, who have somewhat of a cowboy reputation - however I had used them before and not had a problem, so took the plunge a second time.

In a nutshell, I had a puppy in the house (with the landlords permission) who kindly chewed the edges of some of the carpets. The damage isn't massive but it is noticeable - however I am of the opinion that a good carpet fitter could stretch and trim them and they would of the same standard as when I moved in.

Unfortunately the lettings agent don't share this view and have decided to replace ALL of the carpets in the house - they have informed me that they will be keeping my bond of £450 and sending me a bill for the remainder. They are using their own carpet fitter and so far have not agreed to my requests to get 3 different quotes, or let me get a quote of my own, or to get a quote to have the carpets altered and refitted. They have also threatened me with a small claims court hearing if I refuse to pay the outstanding balance (even though they haven't actually got a quote yet).

The part that really stings is that I have had to live with crappy carpets for a year and they now intend to fully replace the entire house with my money, and seem to think I'll pay the full balance.

So my question is - are they legally allowed to keep my bond AND charge me an additional fee? I've accepted that I'll more than likely lose my bond as it was my dog that caused the damage, but it feels like they could prepare a quote for whatever amount they fancy and send me the bill, and there is definitely something amiss about that.

Look forward to your opinions - if anyone has been in a similar situation I'd love to hear from you.

Doozergirl

They cannot use your deposit for 'betterment' of the property. Which charging you for full replacements would probably be. You can only be charged for damage above fair wear and tear. Were the carpets new when you moved in? Did the puppy damage every carpet?

Ws your deposit protected and were you provided with a full inventory when you moved in?

Important questions and I am sure that people more knowledgable than me on the lettings front will be along in a second to offer more advice but if you could answer those questions I think it would help.

Lesson for the future is to make every effort to fix every problem before people start stealing your deposit money. Although I've done that myself and still got fleeced, pre-"deposit protection".

leo886

Hi, thanks for the reply, answers as follows;

- The carpets were far from new - like I said they are a thin pile and were already worn in places. I know the tenants before us had the same carpets and they were in there for 2 years, making the carpets a minimum of 3 years old (although likely to be older)

- The puppy damaged the carpet in 3 rooms, which I know is a lot - however, the damage is along the edges by the skirting board (otherwise she wouldn't have been able to pull it up) hence my idea to stretch and trim the carpet, which I'm been told is perfectly realistic.

- The deposit is protected by a tenancy deposit scheme, and I have a certificate from them too.

- I was provided with a 'Do It Yourself' inventory - the lettings agent never actually set foot inside the property. Regrettably I marked most of the carpets as 'good condition' because they were clean, it was only when we really started living there that we noticed how cheap they were.

I really wish I'd gotten a carpet fitter out! Worst part is that the landlord loved us and didn't want us to move out, but sadly I have to deal with the agents who are the rudest people I have ever had the misfortune to meet. On top of that I'm suddenly hearing more and more stories from people about this particular agent keeping their bonds for 'damage' .....

DVardysShadow

Take it on the chin for 3 rooms, go and see the LL and tell him that the agent is replacing all carpets, and you agree to only 3. LL may not be aware and at the end of the day he will carry the cost if you prevail with the TDS.

Plus make sure that your representations about quotes are sent in writing and copies kept. This may be useful at the arbitration stage.

leo886

Thanks for the reply DVardysShadow - do you think I have a case in terms of wanting the carpets 'fixing' instead of replacing, or even getting my own carpetfitter in for a quote? It seems like a perfectly normal request to me, otherwise how do I know that I'm getting a fair deal?

Unfortunately with this particular agent there doesn't seem to be any way other than their way - when I moved in I had to keep nagging them for a repair after a hole appeared in the damp bathroom floor, and I was courteously told that 'tenants come a distant second, we're here for our landlords'. Great customer service eh!

Doozergirl

I'm not sure you can get it repaired - it's going to lok a wee bit od after this amount of time, however 10% per year on the cost of the carpet would be considered fair wear and tear so you'd be looking at a discount of at least 30% if they were being fair.

If there is no other damage to the other carpets except dirt then the cost of cleaning might be appropriate. Hoever the cleaniong is expensive too and frankly you could have hired a rug doctor for £25 for the same job.

You need to dispute this with the TDS - also they are under a duty I believe to mitigate your losses, so three quotes would also be a much fairer way of going about things.

I'm not an expert at all; I sell houses not let them really; just going off other things I've read but there are professional landlords that will be able to offer better advice than mine.

leo886

Sorry I forgot to state that I did clean the carpets - got through 3 bottles of shampoo, they looked a lot better than when I moved in, apart from the damage around the edges.

Next stop the TDS website - thanks for your help.

If anyone else has an opinion I'd appreciate it.

Jowo_2

Your puppy caused damage to 3 carpets that you declared were in good condition. As long as the landlord has taken into account the condition (good in the official version) and age of the carpet when calculating what is due, this would be fair.

If you believe he is charging you new costs for old,the entire carpet replacement when some are still in good condition or are certain they could be repaired rather than replaced, this will be your defence in court.

DVardysShadow

leo886 wrote: »

Thanks for the reply DVardysShadow - do you think I have a case in terms of wanting the carpets 'fixing' instead of replacing [1], or even getting my own carpetfitter in for a quote[2]? It seems like a perfectly normal request to me, otherwise how do I know that I'm getting a fair deal?

Unfortunately with this particular agent there doesn't seem to be any way other than their way - when I moved in I had to keep nagging them for a repair after a hole appeared in the damp bathroom floor, and I was courteously told that 'tenants come a distant second, we're here for our landlords'. Great customer service eh!

[1] No. As a potential tenant, I would not be happy to take the consequences of the repair coming undone and have the risk on my deposit.

[2] No, but it is probably reasonable to expect 3 quotes - and as part of your paper trail, it may be useful to have put in a rejected or ignored request if there are not 3 quotes already in place.

princeofpounds

Your deposit is protected. Write to agent and LL, stating that they are not entitled to betterment. Accept three rooms of damage, minus fair wear an tear- depends on age/condition of carpet. Require them to arrange alternative quotes as you are concerned about being overcharged by agent's sole supplier, offer your own quote too. Then raise a deposit dispute with your scheme.

lynzpower

Ahhh hold up!

OP if you try nd search on here there are lots of older threads from last year regarding carpets.

What you are describing is dirt ( why oh why to LLs in rurual locations go for cream carpets) and wear and tear. they can charge you for a clean of them , not a replacment unless you have done some major non wear & tear damage eg put an iron down on the carpet like a prev tenant obv did in the house we rented for a while.

There is also a rule ( if you search on here) about how carpets can be valued . Basically the value of the carpet halves ( IIRC) every year its down, so in its 4 th year its worth nothing. the implication for a LL is that they should be thinking about replacing them then anyway.