Renowned landlord deposit issues!!

parkysaves

Apologies if this is a bit all over the place, I haven't posted on forums for a while and also pretty new to the whole renting minefield!!

In July 2010 I had to, for various reasons, find a rental property and having lost out on a few properties, decided on one much against everyone's wishes. The reason for this is basically the landlord. They are a nationally known couple who have featured on many television programmes as they own most of Ashford's rental properties (most empty now...hmmm!!) and are such a nightmare that they have had to part buy into an estate agent out of area as none of the local ones will deal with them anymore. That aside, I decided that I would take the house for 6 mths and move on when a better maintained property arose.

The day before moving day, in tears, I contacted the agent and said I would not move in until the rubbish was cleared, the filthy carperts were cleaned and the oodles of cobwebs, drawing on the walls etc was sorted.....bearing in mind the rent on the place was above others in the area already.
There was also a broken single glazed window in the kitchen that they werent sure if they would repair as it "didn't fall under health and safety". As soon as I pointed out that my children's health may well fall under something they sent someone out to repair the window!

In May of this year, a lovely house came up three doors up and I agreed to take this on. The original month notice didn't stand as the number 1 had been tippexed out and replaced with a 2, which in my error I never noticed and had signed so this apparently overrules any legalities in notice times.
I was then informed that money would be taken back from my deposit as there was a mark in the main bedroom where the bed had rubbed..... normal wear and tear? They also wanted £240 to repaint the box room and £160 to clean the carpets again as i apparently hadnt done a good enough job.
Two days after I moved out, new carpets were put in the property, despite refusing when I was there. A new garage door was put on as the old one never worked and was held up with a wardrobe door !! This had all been like that with the two previous tenants who moved out for same reasons as me, the property having stood empty for 3 years.

My question is, I am now being threatened with legal action as I apparenlty still owe £204. Can they take money for carpet cleaning when they then replace them? Surely that shouldnt come out of my deposit money, especially as they were threadbare beforehand. Am I able to contest this?
I know that these people work on scare tactics and have taken deposits from people for cobwebs at top of stairs etc before so I don't want to waste money that I don't have but I ended up paying rent on two properties and the house was better when I left than when I arrived!!!

Apologies for ranting, I just feel a little aggrieved when I sat here and watched them laying new carpets two days after charging me for cleaning them!

BitterAndTwisted

They are perfectly entitled to replace the carpets if they want to. What is important is whether they can prove that the carpets were not in the same state of cleanliness at the end of your tenancy as they were at the start.

I think we all know who your landlords were and I suspect we've heard a story or two about their "robust" methods when dealing with their tenants. This suggest that they know quite well how to run rings around them.

parkysaves

Thank you, and there I suppose is the answer I sort of knew would be the case..... the money, time and hassle involved in investigating and coming to a decision on the state of the carpets etc would no doubt exceed the £200 I am now being asked to stump up and so I will, as doubtless others have before me, pay the money and hope that is the end of the matter.

I have to admit, I get a sneaky wave of satisfaction seeing all the property boards for their agents still up when others are snapped up quickly. Just sad that the houses that were once so lovely are going to rack and ruin.... the price of greed I suppose, what you dish out comes back to bite you on the bum at some point!!

BitterAndTwisted

If it was me I'd take some satisfaction in attempting to waste as much of their time and money as possible by querying and contesting every single penny. Even if it meant giving in eventually

sequence

Is your deposit not in a protection scheme ? If you're in England/Wales, it should be protected in a scheme.

You shouldn't be losing your deposit or £204 by the sounds of it. It's up to the landlord to prove that you owe them ANY money, can they do this ? Did you sign an inventory on entering the property, and what does it say ?

Assuming your contract had run out, they can't make you give two months notice no matter what the contract says, it's one.

Take them to court for your deposit back if it's not in a scheme.

parkysaves

It was in a deposit scheme. As they wanted two and a bit months notice they got round it by saying they would take my deposit and I just pay the extra to make it up to the amount of rent that was owed if that makes sense.

Problem is (and they know this) that I am not confident enough to contest it as I know so little about renting. I did argue the point about the mark made by the bed ...you should see the state of the place!! and they agreed that maybe they had been a bit harsh about this !!!

I can't afford to lose anymore money - indeed I don't know how I am going to afford the £200 in 14 days before legal proceedings begin, I am worried sick as my parents are guarantors too.

BitterAndTwisted

Dispute the two month's notice and dispute the deduction for carpet-cleaning. Let the deposit scheme's arbitrators see if the deductions are fair or not.

parkysaves

Can I actually dispute something that I have signed though? I signed the agreement without noticing the tippexed out figure so does this not negate any legal case I have over this? I would be interested to know for sure before I proceed with any emails!!! Thanks for your comments btw :0)

robpw2

parkysaves wrote: »

Can I actually dispute something that I have signed though? I signed the agreement without noticing the tippexed out figure so does this not negate any legal case I have over this? I would be interested to know for sure before I proceed with any emails!!! Thanks for your comments btw :0)

yes you can dispute something you signed if it is deemed to be an unfair contract clause .
in this situations you a protected by statute which set out the notice period required from tennants etc ,
so the fact they want 2 months is by and by because the law says you only have to give one

sequence

So have you already agreed to the deductions from the deposit then ? If you have, then you'll have take the LL to court to get your money.
It doesn't seem like there's any chance of them winning in court for the £204 they want.

The law on notices overrides any contract in nearly all circumstances. Otherwise, it wouldn't be the law..

sequence

It's painless to dispute it by the way, you don't have to do anything really, the LL has to justify and prove all of the deductions from the deposit.