Deducting deposit on rented property for cleaning carpets

pinkqueen

Hi all,

Firstly I would just like to say we have finally brought our house and moved in - I have asked many questions on this forum along the way and a big thanks to those that have helped

We now have a problem with leaving our old rented property.

Our landlord is claiming that we need to pay for the carpets to be fully professionally cleaned. Our contract states that carpet cleaning should be paid for based on staining, 'excluding reasonable usage'. We lived there for 3.5 years and the carpets are in good condition throughout. The LL has admitted that there are no stains on the carpet, and the quote they have got is for £175 which states things like 'skin cell removal from previous tenants' (sorry if you are eating reading this!). No stains are stated on the quote either.

Where do we stand with this? We have said we are unhappy to pay this based on contract and they are now saying they are 'upset we are being this way' as they feel as we have lived there the carpets should be fresh for next tenants. The contract is through a letting agent, however they say we have to deal direct with LL.

We really need our deposit back, and I'm worried if we take this further it will drag on - do these disputes have to be solved in a certain time?

A few other things to mention - no check in or out was done. We also gave the keys back 2 weeks early, during which they have had builders in which will obviously contribute to state of the carpets.

Any advice appreciated and sorry for long post.

wackorash84

pinkqueen wrote: »

Hi all,

Firstly I would just like to say we have finally brought our house and moved in - I have asked many questions on this forum along the way and a big thanks to those that have helped

We now have a problem with leaving our old rented property.

Our landlord is claiming that we need to pay for the carpets to be fully professionally cleaned. Our contract states that carpet cleaning should be paid for based on staining, 'excluding reasonable usage'. We lived there for 3.5 years and the carpets are in good condition throughout. The LL has admitted that there are no stains on the carpet, and the quote they have got is for £175 which states things like 'skin cell removal from previous tenants' (sorry if you are eating reading this!). No stains are stated on the quote either.

Where do we stand with this? We have said we are unhappy to pay this based on contract and they are now saying they are 'upset we are being this way' as they feel as we have lived there the carpets should be fresh for next tenants. The contract is through a letting agent, however they say we have to deal direct with LL.

We really need our deposit back, and I'm worried if we take this further it will drag on - do these disputes have to be solved in a certain time?

A few other things to mention - no check in or out was done. We also gave the keys back 2 weeks early, during which they have had builders in which will obviously contribute to state of the carpets.

Any advice appreciated and sorry for long post.

Have you got difference of your deposit returned? (ie the original deposit less the £175)

pinkqueen

No, we haven't received anything yet as we are still in debate over this. Also, we handed keys in approx 2 weeks ago, however tenancy 'offically' ends tomorrow. The carpet cleaning was mentioned when we handed keys in to LL, and the quote and request for payment was sent via email from LL today.

dotchas

Was your deposit protected?
Does LL expect you to pay for the cleaning over and above your deposit?

wackorash84

pinkqueen wrote: »

No, we haven't received anything yet as we are still in debate over this. Also, we handed keys in approx 2 weeks ago, however tenancy 'offically' ends tomorrow. The carpet cleaning was mentioned when we handed keys in to LL, and the quote and request for payment was sent via email from LL today.

As you would have probably heard and read, this is a very common issue.

Firstly, it depends how you feel and whether you are willing to go all the way?

I assume that the estate agent would be signed up to the Tenancy Deposit Protection (TDP) means that landlords who collect deposits, or agents who do so on their behalf, must join a statutory scheme to ensure tenants get their deposit, or part of it back, if they have kept a property in good condition. TDP affects all new assured shorthold tenancies taken out from April 6 2007. Disputes over how much should be returned will be mediated by an independent dispute solving service.

I assume your letting agent/landlord should be part of this scheme and you would have a copy of the TDP. You are legally entitled to one if I am not mistaken.

From previous experience, you must have patience and perseverance to achieve your goal.

1 - Instruct letting agent/landlord to write/fax you the letter explaining the reason behind the deposit deduction.

2 - Write a letter back explaining your dispute over how much should be returned. Use the the key words 'reasonable wear and tear' since you have been in for 3.5 years. Add further - to show proof damages and state -should this not be resolved with 10 working days, you would take this further to the TDP (there are a few, and you would need to take your dispute to the ones that your TDP is protected with)

3 - Hopefully, you'll come to an agreement with your letting agent/landlords rather than going to the TDP mediation services. Otherwise, you know the drill.

From previous experience, it took us 5 months, but we got our full deposit refunded and a goodwill amount from the letting agent for the hassle.

However, you need to also accept that the result could also be against you but at least you've tried to seek some sort of re-course. Good luck.

AllSpent

I have the same issue. My LL is claiming the carpets need cleaning or possibly replacing, the flat needs decorating, the cooker........it all seems rather cliche when it comes to getting deposits back. I left the place cleaner than when I took it on (it was a mess, no such cleaning went on, and the carpets were already old) and don't intend on paying to have the whole flat redecorated for him. There was no check-in or out; I think 5 years will definitely fall under fair wear-and-tear.

In any case, my tenancy agreement didn't stipulate carpets or any other professional cleaning to be necessarily undertaken. Just that it is returned to a condition as when I moved in.

To answer your question, you should have been made aware within 10 days of the end of your tenancy that there would be intended deductions. Ideally, you should have been given estimates of the intended work and what it was for. If your LL doesn't engage with you after you've made efforts to write to him formally (no e-mails or texts) then you can try and open a dispute, as the money is being heldback unlawfully, and there is no evidence to the contrary.

Remember, it's your money, not a kitty for others to dip into when a spruce up is in order. Ultimately, it depends on how much is disputed and whether or not it's worth it, because yes, these things do drag on.

Go to the disputeservice website and look at the pdf's under tenant's/documents and forms.

Worthy of note are the reasons when discretion may be applied to award the tenant the money, namely, no check-in or/and check-out.

Good Luck!

pinkqueen

Our deposit is protected (I'm waiting for agent to send me the exact details as I can't find them).

I'll do what you say wackorash and reply as you have advised. They are being really vague with us, mentioning we have to pay carpet cleaners directly - but then talking about not getting our deposit back until we do. I don't see how this is right and it feels like they are using our deposit as bait to get this done.

AllSpent it is interesting reading about your situation and what you say about the deposit being used as a kitty, as that is how it feels. Thanks for the website I will check it out.

Thanks for all of your replies and advice - feeling really down at the moment about it all as I can see a struggle coming on. Not helped when they keep saying how we are 'upsetting' them, and the fact that the agent won't help us even though they will be getting £80 out of our deposit for leaving!! :mad:

AllSpent

Go to each of the deposit scheme website's. There are three approved schemes I believe: MyDeposits, The Deposit Protection Service, and Tenancy Deposit Scheme. Type in your relevant details and you should find your certificate and be able to print it off.

You have to do a bit of digging I'm afraid, in my experience many agents and LL's don't fall over themselves to help you out and give you the items you need in a timely fashion.

Take heart. It's frustrating, but it's worth keeping yourself informed and on-top of it all; you will need to know how to build your case to have every chance of getting back your money. Admittedly, we all have better ways to spend our time, but...'The pen is mightier than the sword.'

Good Luck.

BitterAndTwisted

No check-in inventory so there's no proof of the condition of the carpets at the start of the tenancy. And no check-out either, so they can get lost. Tell them that you hired a Rug-Doctor and cleaned them yourselves. Also mention that as they have had builders in the property after you handed back the keys you are not interested in hearing about the condition now.

Get onto the deposit=protection scheme's website and claim the whole of your deposit now. Any deductions they want to make, you dispute them. Meanwhile, the undisputed amount should be returned to you pending arbitration of the disputed amount.

FireWyrm

Don't give up, take it all the way. I'm in dispute with my previous LA because they think it's just fine to withold all £1140 plus £180 checkout 'fee'. They supplied me with 20 odd photos of the 'imfractions' and I just took each photo and demolished the argument in a 10 page response. They should have got it in the mail today since I sent it special delivery yesterday and I hope the stuck up cow chocked on her bagel when she read it. Like you, they had an inventory, but the first we saw of it was 3 weeks prior to checkout and we never signed or agreed it so I think they may be on a hiding to nothing. They have 7 days to reply to me or I'm lodging a dispute.

Before you ask, no, I didn't leave the place in a mess...for example, one of their evidential photographs showed a single cobweb in a corner (I kid you not) and that was 'evidence'! Now, I would have stood still for a hundred or so, but £340 just for 'cleaning' really made me mad. Even at £50 an hour which is outrageous, there's no way they could justify that cost. Likewise, £100 to redecorate a room where they recorded a single void in the wallpaper of 2 inches (which was pre-existing anyway) and the room had had never been used for living anyway as they well knew. They even recorded 'dirt' (actually dust) on a shelf 7 feet above ground and recessed which they claimed on us for. Other minor details like a toy car (tonk a size) left in the garage got us £50 for 'rubbish removal'. Urgh! Thieving g****ts

Credit-Crunched

"Other minor details like a toy car (tonk a size) left in the garage got us £50 for 'rubbish removal'. Urgh! Thieving g****ts"

I know its bad but that made me laugh out loud, how come these un regulated cowboys keep robbing us all blind!

I