possible deposit argument coming up?

qwertyjjj

Move out of a property a few weeks back and after saying how well we had cleaned the place, then landlord is now concerned about a couple of stains on the carpet.
Now I'm pretty sure I cleaned these areas although they were drying when I left. The likelihood is that because I used baking soda, these areas are actually cleaner than the rest of the carpet.
We had no exit inventory done. However, the check in inventory said the carpet was dirty at the edges so it's obvious it was a bit on the grubby side before.
Anyone know where I might stand on this? I don't want to go to arbitration really but equally I'm not going to pay anything out of the deposit as I don't see any need to. Enough people don't argue their case against landlords in the UK as it is and most settle for the inevitable "professional cleaning" con on exit.

clutton_2

if the check in inventory said there were problems at the edges of the carpet and now there are stains in the middle it could be assumed that you made the stains ? What caused the stains and how big are they ?

qwertyjjj

clutton wrote: »

if the check in inventory said there were problems at the edges of the carpet and now there are stains in the middle it could be assumed that you made the stains ? What caused the stains and how big are they ?

Probably a bit of mud so I cleaned about 2 or 3 foot sized areas where they were.
The LL said these areas were now lighter than the rest of the carpet. The LL called them "light spots /stains" so it's not exactly clear but that sounds to me like the baking soda, which is a common side effect, it cleans it more than the rest of the normal carpet.
I've asked the landlord to clarify the actual problems but given there was mold and a broken radiator in the flat, I'm not willing to pay out of my deposit though legally that is treated separately. There is no bad feeling between the LL and I and they say they do not want to charge but are not sure what to do as the estate agents have not given them advice. The EA will no doubtedly say charge for professional cleaning as that's standard EA practice.

Emmzi

if you didnt get a clean spotted carpet when you moved in, you shouldnt leave one when you move out - spot cleaning was nit good enough IMHO and he is entitled to charge for cleaning (not a new carpet tho!)

qwertyjjj

Emmzi wrote: »

if you didnt get a clean spotted carpet when you moved in, you shouldnt leave one when you move out - spot cleaning was nit good enough IMHO and he is entitled to charge for cleaning (not a new carpet tho!)

So, the carpet is not bright white because it's a few years old. There are some mud stains, which I clean cleaner than the rest of the carpet but I should have cleaned the whole carpet better than I got it?????

Other factor of course is that the estate agent often asks the LL to pay for professional cleaning so they can show their next tenant that's it's been cleaned. The LL obviously trys to charge the tenant for that even though they cleaned the place.

The LL did say they were impressed with my cleaning so surely it wouldn't stand up in an arbitration especially if the carpet was already dirty at edges?

Numpty_Monkey

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Reported to abuse

Emmzi

qwertyjjj wrote: »

So, the carpet is not bright white because it's a few years old. There are some mud stains, which I clean cleaner than the rest of the carpet but I should have cleaned the whole carpet better than I got it?????

That is exactly it! You have done half of a job. You either clean the whole carpet well, or clean it all to the same standard as when you moved in, or you pay for a cleaner to do it, yourself or from deposit.

Imagine you are showing a prospective renter around.

"And I highly recommend this part of the carpet by the telly. By the sofa, not so good..." \All clean spots do is highlight the muck elsewhere.

For the next rental I'd make sure you have evidence the carpet has been cleaned before moving in, if it is a bone of contention for you.

qwertyjjj

Emmzi wrote: »

That is exactly it! You have done half of a job. You either clean the whole carpet well, or clean it all to the same standard as when you moved in, or you pay for a cleaner to do it, yourself or from deposit.

Imagine you are showing a prospective renter around.

"And I highly recommend this part of the carpet by the telly. By the sofa, not so good..." \All clean spots do is highlight the muck elsewhere.

For the next rental I'd make sure you have evidence the carpet has been cleaned before moving in, if it is a bone of contention for you.

clean it all to the same standard...so half clean the stains?
I could have just left it

Anyway, what are the arbitration/legal implications of this?
No exit inventory was done.

qwertyjjj

One of the fundamental aspects that a landlord should understand and a starting point for any adjudicator is that the deposit is not the landlords and actually belongs to the tenant. This means that in the eyes of the TDS the landlord must prove to the adjudicator or the court should it go that far that any deductions they may want to make from the tenants deposit is justified.

Proving the case for a deduction as Barry Brunton a trained adjudicator admits is not always easy. A landlord should realise that it is not their role either to chase the landlord for supporting information to prove their case. The adjudicator having made an initial request for information will simply decide on what they have before them. As an adjudicator recently wrote:

“It is not for me to go looking for evidence and I do not do so. It is for the party bringing the dispute to support their allegations.”

The top and bottom of it is that a landlord making a claim will need a ‘tenant check in’ statement and a detailed record of the ‘check out.’

clutton_2

""The top and bottom of it is that a landlord making a claim will need a ‘tenant check in’ statement and a detailed record of the ‘check out.’""

and what is also needed is a tenant who is honourable and willing to tell the truth if they have caused damage.........

qwertyjjj

clutton wrote: »

""The top and bottom of it is that a landlord making a claim will need a ‘tenant check in’ statement and a detailed record of the ‘check out.’""

and what is also needed is a tenant who is honourable and willing to tell the truth if they have caused damage.........

Well, I don;t think I caused any, it looked clean to me and the landlord hasn't sent me any evidence yet.
If the arbitrator puts all benefit of doubt towards me then I'll go with that.
I've heard too many stories about the "check out" cons same as the "admin fees" con that estate agents use.