The usual Landlord will not return deposit

jessica84

We recently moved out of our rented property on 22/8/09.

We then recvd a letter to state the only things we would be charged for replacing a portion of the downstairs hallway, cleaning a cooker and for removing items from the cupboards (which were already there left by the landlord).

The pictures they took showed a few stains on the carpet so we agreed ok we were responsible

We agreed to pay for the cooker cleaning and the hallway carpet coz we thought the landlord would be reasonable with the costs.

we then recv'd a email 3 weeks after stating the whole house needs to be redecorated and all the carpets in every room needs to be replaced and the house is not fit for living in.

We then found out the landlord has already removed all the carpets and underlay before we agreed to anything.
He states the carpets were drenched in cat urine and sodden through to the underlay so had to be removed.

We then went round the back of our old premises and the landlord has left all the carpets out by the bins, they are soaked with rain and covered in dirt from being on the ground.

Can he remove things before our consent and can he blame us for the wetness seeing as he left them outside when he removed them???

He's holding out £845 deposit.

Any help out there?

Jowo_2

Was there a signed inventory in place? Was your deposit supposed to have been protected in a tenancy deposit scheme and if so, was it? What did your AST say about having pets and did your landlord consent to them being there?

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

Your landlord cannot enjoy betterment (new costs for old items) and must take into account the age and condition of the items at the outset of the tenancy and make repairs where possible rather than replace if this is cheaper.

I don't believe there is any onus on the tenant agreeing to deductions and resolving any disputes before going ahead and making the property fit for the next tenants. Ask for copies of quotes and invoices.

jessica84

The landlord was aware of our pets and we paid additional deposit for them.

All the carpets on the inventory stated that the carpets were very marked and fraying around the edges.

Weve passed all the details to TDS but just wanted to know other opinions.

redkitty_3

I agree - the landlord cannot simply replace all carpets in the house, unless they were in perfect condition when handed over and then completely wrecked upon the end of your tenancy, even then there's no reason why he cannot just get them professionally cleaned rather than replacing.

Did you or the landlord take photos along with the inventory to show the state/condition of the carpets?

jessica84

They say they have before we moved in pictures and then they gave us a copy of the moving out pictures.

To me everything they showed us was justified in the inventory.

When we asked them about this they said 'the check out pictures dont do them justice and do not show how much damage was done'

their even charging us to remove a 2 hairs on the tiles in the bath

Gwhiz

Stick to your guns. They sound like morons!

Jowo_2

jessica84 wrote: »

their even charging us to remove a 2 hairs on the tiles in the bath

sounds fair to me for outgoing tenants to pay for a bath to be cleaned rather than leave it hairy for the next tenants, plus an oven to be professionally cleaned rather than left filthy for the next lot, doesn't it?

lots of threads on this forum originate from tenants that move into a new property only to find that the agent/landlord has not cleaned it after the last tenancy.

jessica84

In my first post i stated we were happy to pay for the cooker to be professionally cleaned, thats not the problem.

its the fact he wants to redecorate the whole house on our money

BASSETT

Gwhiz wrote: »

Stick to your guns. They sound like morons!

I second that. I had a landlady who tried to do exactly the same, claiming a carpet was "saturated in urine" and tried to claim £200 for a thumbnail size dent in the wall. Ridiculous. She even said I was lucky she did not charge for petrol for going to B&Q!
I stood my ground and had to wait 13 weeks for my deposit and was deducted approx £200 from a £650 deposit. Miles better than the £735 she was trying to claim from me!
Can I just add (for badness of course) she is currently having to sell off properties to raise funds, has been investigated for a tax dodge with the council, and has been taken to court by two estate agents/solicitors.:rotfl: