A dispute with landlord over return of deposit

tbs624

princeofpounds wrote: »

One thing that hasn't been mentioned is that a landlord is only allowed to claim depreciated costs, as betterment is not allowed.

Always worth re-iterating that, but:

tbs624 wrote: »

..... the LL cannot use a Ts deposit to put himself in a better position that he would otherwise have been after a 6 year rental ....

princeofpounds wrote: »

That means that if a carpet was new at the beginning, and then ruined, he is not entitled to a new carpet. He is entitled to a 6-year old carpet, not that you would ever find and fit one.

He is entitled in this case to a 6 year old carpet with FW&T allowable but without *stains*

Note that the OP says the LL is claiming for the costs of *cleaning* the carpet rather than replacing it and that the carpet was apparently new at the start of the tenancy, so LL may well be able to produce evidence other than an inventory.

princeofpounds

Just thought I would make it clear!

Actually, me mentioning in a carpet was only a theoretical example, forgot that there was a real carpet under dispute in this instance!

paykanti

I've just had a read through the tenancy contract and some more important developments.

The tenancy agreement makes mention of an inventory..."The premises shall include the furniture and effects now in or about the premises more specifically specified in the Inventory, a copy of which shall be handed to the Tenant upon the commencement of the Tenancy....The tenant will hereby agree to:
A) check, amend, sign and return a copy of the inventory within seven days of date of this agreement. Should the tenant not return the inventory signed it will be assumed that all the details listed are correct"

In addition to...

"The tenant will hereby agree to:Have all carpets professionally cleaned at the end of the Tenancy and provide receipts"

My sister doesn't remember signing one and has no documents (she's good with keeping them) but regardless, I guess it means the LL can make up an inventory tomorrow and pass it off. And obviously the second point which my sister seems to have overlooked means she'll almost certainly lose the £140 that went on that.

Not too confident anymore that she'll come out of this with anything now but she's made the mistakes and she'll have to pay for them.