Deposit Dispute within DPS

porko

issue resolved

sooz

porko wrote: »

his only complaint was that there was minor aesthetic damage in the form of scratch marks to the hob (which was installed as new 6 months ago). In our opinion this represents fair wear and tear, it’s fully functional and you need to look at the hob in a bright light to even detect any marks;


Since we have responded to his claim he now says that as we had cats in the property, we should have paid for a de-infestation clean of the curtains and carpets which again is mentioned in the tenancy agreement. On this point, we treat our cats for fleas etc and as the tenancy was only six months and there is no suggestion of any infestation, we decided that it would not be worth our time paying for this clean.



Additionally, could anyone offer advice as to how much detail we should put into our dispute? i.e. there are things we have to give a description of the type of LL he has been, such as him asking to show someone around the house with literally no notice whatsoever, or him delaying the checkout from 4pm on a Friday to 8.30pm on a Friday which he then cancelled until 8.30am on the Saturday as he was too tired to do it(!) However, would this be useful, or should we just stick to the facts about the items under dispute?

IMO, minor sponge/scourer scratches on a ss hob are to be expected after 6 months use. If it really is only visible in a certain light (& not great gouges out of the surface, visible in all but the dark ) the DPS should agree with you on this one.

Regarding the de-fleaing, you agreed to do this in your contract. This is a standard additional term in relation to renting to pets (& their owners). Whilst your own cats may show no sign of fleas now, this doesn't mean that there aren't any in the property. In a few months, once the heating goes on, fleas will probably start appearing. How would you feel if you moved into a place infested with fleas?
Instead, see if you can come up with some cheaper quotes for treating the whole property.

Don't bother including any additional information that does not relate to your inventory or this deposit dispute. Whether your LL turned up with little notice a week last Friday is not relevant now. If you were concerned, you should have dealt with the matter then, in writing, to the LL. The DPS would not be interested.

moromir

porko wrote: »

Essentially, we had a long and detailed tenancy agreement for the property with various requirements for cleaning when leaving the property, such as a professional clean, professional carpet clean etc. As we could not afford all of this, we paid for a professional window clean and professional carpet clean and spent a day and a half performing this clean ourselves (alongside my mum, a retired cleaner herself).

as we had cats in the property, we should have paid for a de-infestation clean of the curtains and carpets which again is mentioned in the tenancy agreement. On this point, we treat our cats for fleas etc and as the tenancy was only six months and there is no suggestion of any infestation, we decided that it would not be worth our time paying for this clean. Additionally, at check out we made him aware of the method of the clean, he said that the carpets looked fine and he even spoke with the carpet cleaner (as he popped round unannounced on the day prior to check out to see how we were getting on, a regular occurrence over the past six months which we put up with for a quiet life!). So he now wants to get another professional clean of the curtains and the carpet with us to foot the bill at > £200. Again we disagree with this.

Additionally, could anyone offer advice as to how much detail we should put into our dispute? i.e. there are things we have to give a description of the type of LL he has been, such as him asking to show someone around the house with literally no notice whatsoever, or him delaying the checkout from 4pm on a Friday to 8.30pm on a Friday which he then cancelled until 8.30am on the Saturday as he was too tired to do it(!) However, would this be useful, or should we just stick to the facts about the items under dispute?

From what I can tell...

You signed a contract agreeing to specific cleaning methods.

You didn't do them in order to save a few quid.

You are now questioning why the Landlord is disputing the matter?

Whilst you are only required to bring the property back to the same condition it was in at the beginning of the tenancy, and it is likely that enforcing a clause about a particular cleaning method would be difficult, legalese aside, surely you can see why you've got your Landlord's back up? You reneged on what you agreed to do.

I don't think its unreasonable for the Landlord to require you to use a specialist anti-flea cleaning treatment on the carpets and curtains after having cats in the property. The Landlord may very well have said the carpets "looked" good but to be fair. you can't easily see fleas.

The only matters you should refer to in your dispute should be directly relating to the deposit deductions.

G_M

Regarding the cleaning, you are being misadvised. Whatever it says in the contract, you are not expected by law to leave the property in a better condition than when you moved in. Nor a worse condition.

How you get it back to its original state of cleanliness is irrelevant. Pay for professional cleaners or do it yourself. Your choice, provided it is as it was at the start.

So how clean was it when you moved in? Is there an inventory, with photographs, agreed/signed by yourself, detailing its state at the start? If not, how can the LL prove it is now dirtier than at the start? (the onus is on him, not you, to prove). And have you got photos of how you left it, just in case?

Re the cooker: Neither Google nor the OED list 'scritchers', so I don't see how you could be expected to know what these are. Provided you took reasonable care, this sounds like reasonable wear and tear. Have you got photos of the cooker showing how mimimal the scratches are?

As for the cats, many LLs, myself included, prohibit cats because of fleas. Insisting on "a de-infestation clean " is only fair on the next tenants who would blame the LL, not you, if fleas appered after a week or two.

porko

now resolved

moromir

porko wrote: »

We have no information that de-infestation was done prior to our arrival and so hence would it be enforcable for us to cover these costs?

As before, you need to seek clarification as to whether it is possible to enforce the original deinfestation clause (although I think its a perfectly reasonable request from the Landlord).

Unless there is anything in the contract to state that the Landord will have the carpets cleaned prior to your occupation, then I suspect whether he has or not is irrelevent.

£££saver

G_M wrote: »

Regarding the cleaning, you are being misadvised. Whatever it says in the contract, you are not expected by law to leave the property in a better condition than when you moved in. Nor a worse condition.

How you get it back to its original state of cleanliness is irrelevant. Pay for professional cleaners or do it yourself. Your choice, provided it is as it was at the start.

So how clean was it when you moved in? Is there an inventory, with photographs, agreed/signed by yourself, detailing its state at the start? If not, how can the LL prove it is now dirtier than at the start? (the onus is on him, not you, to prove). And have you got photos of how you left it, just in case?

QUOTE]

Is this always the case, in terms of the law? E.g. my tenancy states the carpets should be professionally cleaned but is it legally required providing the carpet is still clean and looks exactly the same? (no pets, no spillage or stains, always remove shoes, etc.)

Also, there were several scuffs on walls (which were stated in the inventory). If we accidently added a couple more small ones, and the landlord (or more likely the agency) asked us to re-paint the walls, could we then argue that it is in similar condition as we moved in? e.g. there were already say 8 scuffs and now there's 10, we shouldnt have to re-paint a perfect wall?

G_M wrote: »

Re the cooker: Neither Google nor the OED list 'scritchers', so I don't see how you could be expected to know what these are. Provided you took reasonable care, this sounds like reasonable wear and tear. Have you got photos of the cooker showing how mimimal the scratches are?
QUOTE]

What is reasonable wear and tear for a cooker hob (a raised grey one, not the smooth ones)? And what is a good way to clean off oil stains?

Thanks, any help much appreciated , not moving just yet but I feel we got stung a bit by previous agent re cleaning.