Landlord playing dirty tricks with deposit!

vickimanchester

I wonder if anybody could give me some advice about the trouble brewing about getting my deposit back, as I am really quite shocked at my landlord's tactics!

I recently moved out of my rented flat as I've just bought a house. I'd been living there for around 2 years and was a really good tenant. I kept a cat and it was agreed that this wasn't a problem as long as I got the carpets cleaned at the end of the tenancy. In the final week of the tenancy I arranged for a company to undertake a carpet clean and end of tenancy clean but unfortunately when the chap turned up he said he would only have time to do the carpets and not the cleaning. As I had to drop the keys off at my landlord's that day, due to going off on holiday early the next morning, I resigned myself to the fact that I'd get charged for some cleaning expenses, but this couldn't be helped. The carpet cleaning seemed to be done to a decent standard when I inspected it although I was told it would need a hoover when dry to remove any remaining bits of fluff etc. I informed my landlord's office about this when I dropped off the keys.

Upon my return from holiday I came across 2 emails - the first of which claiming the carpet cleaning "has not been done" (despite the flat stinking of cleaning solution when I looked round) and that I would be charged for that and the general cleaning - which I accepted.

The second email knocked me for six! It claimed my flat "had to be fumigated for fleas" and that the new tenants were unable to move in in time and I would be charged for this plus loss of rent to the landlord. I was utterly shocked because my cat, a house cat who never goes outside or comes into contact with any other cats, was deflead, has not got and has never had fleas so this cannot be true. Secondly, how could I be charged for loss of rent? Surely a landlord is responsible for inspecting a flat before letting it out again? Is it his word against mine that there were/were not fleas? It also seemed that between the first and second emails the landlord changed his story, which is a bit suspicious.

I'm really annoyed that I stuck to my promise of getting the carpets cleaned and have now come up against this complete lie, but I don't know how to disprove it. I will obviously open a dispute with the tenancy deposit scheme, but I'm worried about how much this may end up costing me. If anyone has any advice please help!

Doozergirl

Is your deposit protected?

vickimanchester

Yes, it's in the deposit protection scheme.

Meatballs

The burden is on the LL to prove that there are fleas. I would take your cat to the vet asap and see if you can get a signed statement saying that the cat is flea free! Did you sign any extra agreements or have paperwork for when you agreed to get the cat?

You have your receipt, or get the carpet company to resend you one, for your carpet cleaning.

Pretty sure he can't charge your for loss of rent.

Send him a copy of receipt, vet's statement, request an itemised list of what he wants to charge you, then tell him how much you are willing to pay for cleaning of the house. See what he says and see if you can compromise. If not raise a dispute with the deposit scheme.

Use his statements of what needs to be done in the house to work out how much you are willing to pay for cleaning. If he just says a general all over house clean he could charge you hundreds of pounds. Make sure it is itemized so you can work out the hours required. My LA tried to charge me £90 for what was at the very most 2 hours work (more like 30 mins) I offered £20. They said it wouldn't covercallout. TDS didn't charge me callout fee when they did dispute.

vickimanchester

Thanks Meatballs, however surely the problem is theoretically I could have got rid of the fleas in the meantime if she'd had them back at the flat! I moved out several weeks before the tenancy ended as there was an overlap. I will definitely ask him to prove there were fleas as I know for certain there were none.

I've asked what he is proposing to charge me and I'm still waiting to hear back. When I researched end of tenancy cleans with local companies the prices were around £120 - £130 including carpet cleaning so I have a fair idea of what prices should be. I've requested a receipt from the cleaning company.

Unfortunately I don't have any paperwork about getting the cat - kicking myself now!

I am suspicious because all the other flats in the building have been refurbished apart from mine between tenancies as there was a fairly high turnover of tenants - they've all had double glazing, new bathroom suites etc - and mine was fairly shabby. Got a feeling he is trying to use my cash to pay for doing it up!

katmcleod

We've had problems like this too.

We asked to paint our last flat because the walls were dirty and covered in black smudges, something they should have taken care of. When we moved out we were told the walls were not neutral enough and that we'd left paint pots spilled over the bin area, we never got back out £450 deposit, they billed us for extra and covered up all the work/paint before we got back to see it. They also tried to charge us for new carpets which I fought because there was damp growing under it, the reason we left. But like you every other flat in the block (that they own) had been renovated when the tenants left. I think they were trying to get us to pay for the work.

We had no proof that the paint wasn't ours in the bin area, no proof the colour was wrong, they wouldn't let us back in, no proof they even did repaint it at all, they wouldn't give us any reciepts for work done.

In the end I gave up and accepted that our money was gone, but they never sent us the bill for all the supposed extra work needing done.

Fight your case, go to the vets anyway, maybe bites would still be apparent if your cat had fleas at the time? Or ask him to certify he/she couldn't catch them without going outside.

Good luck, hope you win where I couldn't

clutton_2

did you and the LL/LA sign an inventory when you moved in and again when you moved out ?>

Brb

Raise a dispute on the deposit and it will be up to the LL to prove everything against your signed inventory.

I do have to say though, indoor cats should still be regularly de-flead, but do speak to your vet about that. We personally did when we had salem but he did come from a particularly bad place as a kitten bless him.

It could also have been a knee-jerk reaction. When they inspected the flat and they saw something and knowing you have a cat jumped straight to the conclusion that it must be fleas (I honestly don't think you'd have lived with fleas). Their way of thinking is that they are doing the best for the next tenant.

Meatballs

vickimanchester wrote: »

Thanks Meatballs, however surely the problem is theoretically I could have got rid of the fleas in the meantime if she'd had them back at the flat! I moved out several weeks before the tenancy ended as there was an overlap. I will definitely ask him to prove there were fleas as I know for certain there were none.

You can't prove it for certain, but it helps if the LL can't actually bring any proof of fleas actually being there. How does the LL prove that they were there the day you moved out? Does he have photographic dated evidence etc?

The TDS, as far as I can see, tend to tow the middle line if a case isn't proved conclusively. The more persuasive your argument is the better. If you state that your pet is a house cat, never ventures outside, and you have a statement from vet then they are less likely to award full costs of fumagating to the LL and would be much more likely to split the costs if it came to that.

vickimanchester

Thanks all, I will take your advice. Looks like poor Frankie is going to have to get in her box and go to the vet's! She is white so any sign of fleas would have been really obvious in her fur. As it would have also been obvious to me seeing as she has a habit of sleeping in my bed with me and I would have noticed the bites! I did sign an inventory yes. I can see your point of view Brb but knowing the landlord I don't think he's got any tenant's best interests at heart unfortunately - during the 2 years I lived there I begged for a replacement for the 1970's cooker to no avail, and when my toilet cistern in the (avocado!) bathroom leaked it was replaced with a white plastic one! I think you can picture the state of that!
It is not even all about the money, it is more the arrogance of charging me for lost rent and calling me a liar which makes me want to dispute this. It just makes me so glad that I have now managed to get a place of my own and this will be the last time I have to deal with this kind of behaviour.

Meatballs

Phone up vet first, some might not be willing to 'sign' a statement etc. My parents cats had fleas all the time. I never got bitten but loved squeezing them between my nails. Pop. Sorry!