Deposit worries

MassiveBamboo

hi, im ted and ive just come to the end of a tenancy. ive been living there for 2 years, and leaving is a mutual agreement with the landlord. but i have a question about the deposit.

when i arrived in the property it was quite shabby, and i have made substantial improvements with my own money (always with permission from the landlord). for example i have bought and installed a brand new front fence and gate, because when i arrived the one in the house was rotten and falling apart. i have purchased a new front door and redone some paint and plasterwork too, and re carpeted upstairs. these were all changes the landlord refused to do but said i could do myself if i wanted.

a month ago i spilled some red wine in the corner of a carpet downstairs, which i mostly got out with white wine, but there is still a little stain. the landlord is now refusing to refund my deposit (500 squids) because he says that the room needs re carpeting and there is a crack in one of the bathroom mirrors (which was already there, and is mentioned in the signed inventory) which he says has to be replaced.

my question is this. i feel i have substantially increased the value of the property through my improvements and fixes, to a greater extent than the cost to get the wine stain cleaned. the net state of the house is improved from when i moved in. is it wrong that the landlord is now going to keep my deposit?

also, the deposit is in a protection scheme, so i can resort to the dispute service if people think that is a good idea.

snapping_crocodile

I would dispute it, but not on the grounds of all the other work you have done becasue it was your choice to do it. However you shouldn't be charged for the mirror if it was noted to be cracked on the inventory. With regards to the carpet have you tried to use a carpet cleaner on the stain?

clutton_2

how old is the carpet ?

BitterAndTwisted

And have you tried getting the carpet professionally cleaned?

catpea33

Are you still living in that rented accomodation and do you have the original carpet somewhere (I'm guessing not)? If he's moaning about a small wine stain on a new carpet you bought, imagine how much fun you could have reinstalling the old one for him!

MassiveBamboo

hello and thank you for all of the replies!

i am no longer living in the house. the carpet with the stain on is not the new one i put in but one that came with the house. it looks quite old anyway, and is a very pale beige colour. i think the landlord wants to replace it because it is in quite a state, even when i arrived, with many foot shaped marks. the red wine stain is quite small, about 3cm in diameter, and represents what is left after i tried cleaning up the whole spill.

also, maybe it is relevant, but the landlord told me i wasnt allowed at the checkout inspection, because i would bias it. is this standard? afterwards, i got a letter which said the following.

Dear Mr C,

Having inspected the property which you have just vacated, I have decided to retain your initial deposit of 500GBP. This is to pay for the following repairs:

- Deep cleaning of downstairs carpet owing to serious red wine stain, est. cost 250GBP

- Crack in downstairs bathroom mirror meaning it now needs retruing, est. cost 250GBP

Once repairs have been completed, you may be invoiced for any outstanding amount.

Sincerely,

Landlord (removed name for privacy)

i replied to this letter, telling him i intended to dispute this, because of repairs i had made to the property (which he refused to do) and because the crack in the mirror was already there. also, i have no idea what "retruing" of a mirror is, or why it costs 250 pounds, when the mirror could be replaced from B&Q for a lot less. i got a reply to my letter this morning, which says this.

Dear Mr C,

I have received your letter stating that you intend to dispute my withholding of the deposit. Don't be a c*** (censored for forum goers). Can you prove in court that the crack in the mirror has not grown in length since when it was noticed in the initial inventory, and that this is due to your neglect? As for your numerous repairs to the property, you are lucky I am not going to sue you for bad workmanship, your new paintwork on the walls upstairs is very unprofessional.

Do not dispute this decision, remember I can make your life very difficult if you do. How would you like me to put you on the National Tenants Blacklist, so that you find it impossible to find further accommodation in the future? Please think about this.

Sincerely

Landlord

i am now a little worried. can i be put on the blacklist for this sort of thing? or is there a review process for anyone added to it? if not, this seems a little unfair. and also, the mirror crack, no length of the crack was mentioned on the signed inventory, and it has not grown since, but if it is my word against his is he likely to win out?

i also dispute that my workmanship was unprofessional, before i did it, the walls were mouldy and peeling, all of which i have fixed.

thank you for any further advice on how i should next respond.

T

EagerLearner

Hi and sorry you have such a horrible and rude landlord!

This letter or e-mail from the landlord will prove you in very good stead with the deposit protection scheme as it will show the kind of lanlord he is. Happy for you to improve the property for him, then charge random amounts that 'happen' to match your deposit exactly.

He needs to provide official quotes before a deposit protection agency will consider his supposed costs. I did a carpet clean recently, also because of red wine that had been cleaned as much as poss, cost £60 so his £250 is ridiculous.


Did you take photos when you moved in, and when you moved out?
Has he provided you with a check out inventory?
Has he ever provided you with copies of the Gas Safety Certificate? you should get one within 28 days of moving in and then yearly. Failure to provide this could result in him getting fined up to £5,000 if you reported him to Environmental Health.

Certainly you need to contact the deposit protection scheme where your deposit is held and ask them for advice as to how to dispute things, You can register and see your account online then request repayment.

This sort of landlord just makes my blood boil!

ET1976

£250 for a mirror????? what planet is he on?!

Astec

Jeeeeeeeeeez, what a c***!!!

I'd dispute it all the way, can't believe the cheek of some people. Also can't believe you spent so much time and money improving someone elses property, especially when they appear to be such a git! Go through a dispute, may take some time but don't let them off with it!

Anyone know if the OP has the right to ask their 'things back? Ie can you take the carpet/fence away as your property?

chappers

Indeed has he protected your deposit, if so then raise a dispute if not then take him to court, you will be entitled to 3 times the deposit, also is there a gas safety certificate.
When this goes to dispute/court his rude threatening letter isn't going to stand him in very good stead.
With regards to the inventory and his comments can he prove that the crack has increased in size, also why is he asking for money to repair/replace the mirror when he didn't bother last time it cracked, also in my opinion an increase in the size of a crack I would put down to fair wear and tear.
He will be laughed out by the deposit scheme £250 to cut a bit off a mirror and polish the edge (I bought 12 toughened, polished edge glass shelves 7"x 36" x1/4" last year and they only came to £190).
Its pretty obvious who the c*** is here.

snapping_crocodile

I would definitely start a dispute with the tenancy deposit people. As someone else has said he needs to provide realistic quotes of any work he thinks needs doing, not just pluck random numbers from the sky!! Make sure you keep those lovely letters he sent you as evidence too. Do you have a copy of the arrival inventory that states the mirrir was cracked, as this will help too. He may beable to retain some of your deposit for the wine stain, but £250 os a little exessive, and if he is paying £250 for a mirror, he clearly has been ripped off :rotfl: