Disputed deposit help

peppagirl

Hi, I hope someone can help with a problem we are having with our previous LA/LL.

Things ended on a very frosty note due to the LA/LL being extremely forceful over prospective tenant viewings. We now feel that the LA/LL are being unneseccesarily harsh due to them labelling us as 'awkward'.

We hired the rugdoctor and cleaned the carpets in every room, there were no stains in any room but they are charging us for carpet cleaning as the carpet was new when we moved it. They are also charging us for cleaning the kitchen even though it was much, much cleaner than when we moved in as documented in the check in report.

We were annoyed enough about this when they sent yet another 'post cleaning' inventory report today saying on supposed cleaning of the carpet they have noticed that the cat that we were not allowed to have has scratched the carpet. This is completely untrue, we sought and were given permission to keep the cat and the clause was written into our contract. There was definately not any damage to the carpet, if anything, the cheap carpet probably wouldnt have coped with being cleaned twice in 3 weeks. Surely if the carpet was damaged the person doing the checkout should have mentioned it, they were certainly picky enough about everything else!

They havent even checked the checkout report against the check in one to make sure they are not charging us for things that were already wrong in the property :sad:

If we despute the deductions with TDS, will they automatically side with the LL as he has a check in report saying that the carpets were new?

Sorry this is long,

PG

Scho

How long did you stay in the property?
Did you take any photos of the place when you moved out? And did you keep any and all receipts for the rug doctor cleaning stuff?
Have you got a copy of the check-out inventory signed and dated by them?

peppagirl

Scho wrote: »

How long did you stay in the property?
Did you take any photos of the place when you moved out? And did you keep any and all receipts for the rug doctor cleaning stuff?
Have you got a copy of the check-out inventory signed and dated by them?

We were in the property for 23 months. We have photos from the day we left, though the inventory was not done till a week after we left so anything could have happened in that time, they could have shown a hundred people around for all we know! We have the invoice from hiring the rugdoctor, we hired it for 48 hrs prior to moving out. They sent a copy of the check out report, its very basic and in a different format to the check in report. There were no photos included in the check out report that they sent.

thanks, PG

BitterAndTwisted

Dispute the deductions with TDS! The balance of your deposit will be returned to you and the disputed amount held until a decision is made. The onus of proof lies with the landlord. It has been reported that the arbitration process is not weighted in favour of landlords but rather the opposite.

Scho

Agreed. Dispute this straight away.

The fact you've been there for almost 2 years (and will have 2 years worth of fair wear and tear!), the receipts, photos and the check-out not mentioning any carpet damage means you have a good chance of showing the LA as trying to con you out of money.

Let us know how you get on.

wrightk

peppagirl wrote: »

We were in the property for 23 months. We have photos from the day we left, though the inventory was not done till a week after we left so anything could have happened in that time, they could have shown a hundred people around for all we know! We have the invoice from hiring the rugdoctor, we hired it for 48 hrs prior to moving out. They sent a copy of the check out report, its very basic and in a different format to the check in report. There were no photos included in the check out report that they sent.

thanks, PG

Sounds like your pretty intelligent and the LL isnt. The LL cannot charge you for a new carpet simply because it is 2 years old. Fair wear and tear is excluded from deductions.

-you have photographic evidence of the condition of the property when you left (try to get this digitally dated/if not date and sign them). The LL has no evidence of the condition by way of photos so nothing to worry about there.

-you have an invoice for a professional carpet cleaner

As long as you keep all paperwork, tenancy agreements invoices etc you will be fine, tds cannot side with someone who is obviously lying.
Dont worry you will be fine, like the others suggested dispute this with tds.

peppagirl

Scho wrote: »

Agreed. Dispute this straight away.

The fact you've been there for almost 2 years (and will have 2 years worth of fair wear and tear!), the receipts, photos and the check-out not mentioning any carpet damage means you have a good chance of showing the LA as trying to con you out of money.

Let us know how you get on.

Thanks, I will be disputing everything. We left the property 3 weeks ago and it has been 2 weeks since the inventory but they still havent given us the final list of deductions, I suppose I need to wait for that before lodging the dispute?

I've just looked on the TDS website and it says they wont take on the case till the LL/Tenant has tried to resolve it themself, so should I write to them noting every issue they have raised and point out to them were they have not checked the check in report/the contract?

Also, they are abroad so if they refuse arbitration and I have to take them to the small claims court, will I have to pay there travel expenses ect if we lose?

Thanks,

PG

WhiteHorse

Good advice from wrightk.

peppagirl

wrightk wrote: »

Sounds like your pretty intelligent and the LL isnt. The LL cannot charge you for a new carpet simply because it is 2 years old. Fair wear and tear is excluded from deductions.

-you have photographic evidence of the condition of the property when you left (try to get this digitally dated/if not date and sign them). The LL has no evidence of the condition by way of photos so nothing to worry about there.

-you have an invoice for a professional carpet cleaner

As long as you keep all paperwork, tenancy agreements invoices etc you will be fine, tds cannot side with someone who is obviously lying.
Dont worry you will be fine, like the others suggested dispute this with tds.

I knew we were going to have a lot of trouble with this LA/LL when i saw the advert on rightmove advertising the place as being newly painted and carpeted, they obviously just wanted the £30000 + we paid them in rent without anyone actually living in the property!

PG

Scho

peppagirl wrote: »

Thanks, I will be disputing everything. We left the property 3 weeks ago and it has been 2 weeks since the inventory but they still havent given us the final list of deductions, I suppose I need to wait for that before lodging the dispute?

I've just looked on the TDS website and it says they wont take on the case till the LL/Tenant has tried to resolve it themself, so should I write to them noting every issue they have raised and point out to them were they have not checked the check in report/the contract?

Also, they are abroad so if they refuse arbitration and I have to take them to the small claims court, will I have to pay there travel expenses ect if we lose?

Thanks,

PG

I think you've got the right end of this; make sure you take a step back when doing the letter and make sure it's a calm but firm letter. Angry ranting gets you no where but a collected, well backed up and firm 'I'm not a pushover' kind of attitude sends them the signal they'll get nowhere with this.

I'd suggest you list out each issue in turn, quoting their original letters etc if needed, and then systematically show how each charge/issue is clearly incorrect and provide copies of cleaning receipts etc for each or whatever is needed as evidence they are wrong as well as providing reference to your original contract, checkin/out forms and legal acts for example as required. Don't send originals of anything you have obviously.

Send the letters with proof of delivery (dont need to pay extra) but ensures they get it.

BitterAndTwisted

peppagirl wrote: »

Thanks, I will be disputing everything. We left the property 3 weeks ago and it has been 2 weeks since the inventory but they still havent given us the final list of deductions, I suppose I need to wait for that before lodging the dispute?

Yes you do. I would not enter into any correspondence with them until you get the final list. Which I am sure you will enjoy shooting down in flames...... In the politest way possible, naturally.