Landlord behaving despicably

shehasredhair

I really need help with this-our deposit is held by mydeposits. We moved out on the 3rd May and have received 'A schedule of disrepair' from Leteasy on behalf on the Landlord.
T

BitterAndTwisted

The information you have provided appears to be contradictory: was there a check-in inventory or not? Was it agreed and signed by both parties? Was the request for repairs to the door made in writing and can you prove it?

shehasredhair

The check -in inventory was a small paragraph saying flat was in good repair.
It was signed by all of us. Can prove the door all was in writing-however they are saying htey are not claiming for the door-more for redecoration and new carpets

clutton_2

raise a dispute with Mydeposits (and the LL will then have to lodge the disputed amount with Mydeposits)

if he does not comply with this then the Insurance which is part of being with Mydeposits kicks in and even if the landlord does not provide the deposit money the insurance will.....

As a LL - and if you have told us everything.... i think you have a good case

you could of course take him to SCC court instead

shehasredhair

I am going to raise a dispute-do you think he is trying to bully us with £3000 damages?

princeofpounds

Again, given what you have told us, probably yes.

The deposit arbitration cannot charge you more money than the deposit, so you have nothing to lose if you go for it.

Of course he might force you to go to court and try a counter-claim first, but if you are truthful and organised you will be fine. He has to prove the damage was caused by you on the balance of probabilities, and he cannot claim for fair wear and tear or betterment.

shehasredhair

Ok I am worried as there is an iron burn in the 2nd bedroom however we also discovered damp when we were moving out in there. And there are about three small carpet burns in the living room carpet

clutton_2

it must be a difficult time for you....

if you have damaged carpets by using them as an ironing board then you will be responsible for the damage and for replacement (less any fair wear and tear) provided the LL can prove condition before you moved in.....


""Carpet was already 12 months old and poor quality, stain was noted in small check in inventory.""

so there were no burn marks noted in the check in inventory - so the LL may well have a case for claiming replacment carpets less 1 years wear and tear


if there were this many burns in my carpet as a LL i would be claiming full replacement of those rooms less a % for wear and tear

BitterAndTwisted

The property should have been returned in exactly the same state as at the the start of the tenancy, save fair wear and tear. Carpet burns are damage not fair wear and tear. Depending on the age and quality of the carpet the LL can't charge you for the full cost of replacement but they will be able to charge you for what the carpet was worth at the end of the tenancy if it wasn't damaged. Unfortunately, the vast majority of problems with damp in properties are caused by the tenants lifestyles. i.e. not heating and ventilating adequately.

Fire_Fox

I know this is going to sound harsh, but your personal circumstances are completely irrelevant (my condolences tho) and need to be omitted from any arbitration statement - stick to the facts. The landlord is not permitted to insist on show rounds or inspections without notice and without your express permission, nor is he permitted to enter the property in your absence, otherwise he is breaching your right to quiet enjoyment and breaching the Protection from Eviction Act 1977. However this again is not relevant to the damage deposit claim.

Was the inventory accurate about the condition of the place? If not why did you all sign it? What do YOU class as fair wear and tear? Why don't you appear to think the carpets need replacing if you have burned them?? Note that you will only have to pay their second hand value NOT new for old. What else is on the schedule of disrepair? What are they claiming for redecoration? Scuffs and nicotine stains (if present) are not fair wear and tear they are accidental damage.

DVardysShadow

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