Unfair damages charges when leaving a rented house??

lozza12689

About the carpet, it wasnt new when I moved in and apparently the landlord was going to be replacing it soon (i'd lived there 21months) but as it was beyond wear and tear that why they were only charging me half

On a previous post i explained about the bottom stair being worn and yes I did paint, a few splashes (then was in hospital, my mum went to carry on removing my thing from the property to find the actual landlord already there and painting upstairs, where I had painted) So I cannot confirm it was all my splashes of paint or if it was his, as I wasn't there and it had been ripped out, when i did go back to the property.

G_M

So, use the deposit dispute process. That's what it is there for. Ignore the comment by vax above - rubbish!

Use the check-in inventory as starting point. How does it describe the carpet at the start?
Dispute damage and explain why (landlord redecorated, split paint etc etc) - you've explained it all to us, so explain to the arbitrators!
Dispute fire and point out LL failed to repair it as required.


As you say - the deposit can only be released to the landlord if either
* you agree and use your PIN or
* it goes to arbitration and they decide.

The return or otherwise of the deposit is NOT a decision made by the landlord/agent.

Your final comment

Yes #i have it in my tenancy agreement

makes no sense. How can an agreement made outside the tenancy to end it early be in the tenancy agreement??!

trickycomper

Personally i would tell them to get stuffed and not answer the phone to them, then see if they decide to take you to court, if they do, they will have to prove everything which i dont think they will be able to. They sound like your run of the mill scamlords

princeofpounds

Really, even though my letting agent told me he needed my pin number in order to obtain my deposit?

I hope he wasn't asking you to actually disclose your PIN number!

Also, I agree with G_M, don't put too much weight in vax's statements. Whilst the deposit arbitration process is not perfect it works in almost all cases as it should.

To get a feel for how it works, check out some case studies from TDS (the other schemes publish some too)

http://www.thedisputeservice.co.uk/case-studies.html

vax2002

Put as much weight as you like, it was my last Job to deal with such matters for ripped off tenants , you will find out the hard way, like most do.
Ill leave you in the company of the "believe all you read" brigade.

lozza12689

* damage must be proved. Is there a check-in inventory and did you sign it? Or is there a receitpt for new carpet when you moved in? This establishes the condition of the property (carpet etc) when you moved in, against which the check-out condition is compared. No check-in inventory? LL cannot prove you damaged anything


The carpet wasn't new when I moved in (21months ago) but it was in ok condition, this I ticked on the check in inventory

I couldnt do a check out condition as it was an entirely different carpet.




* paint stains on carpet? Did you spill paint? You are responsible.

Answered in the post above


* Any amounts the LL claims from the deposit must be supported by costings - eg a cleaning company bill, invoice etc.

Only invoice I have is a bit of paper for the fire/fitting of £420 and a "quote" from a carpet company which basically says ..."Beige Carpet Stairs/Hall £199" and nothing else

* fire was 'condmned' ! Did you receive a Gas Safety Certificate for each year you were there? Who condemned it? LL commits a criminal offence not to maintain gas appliances safely and issue tenant with certificate.

I did get a gas safety certificate back in 2010, which I still have... however the letting agent said he only found out about the fire being condemned on 5/12/11 when he got an email from the landlord saying he's had to already replace the fire and the money is to be taken from my deposit

* However, if you kids broke the fire (with toys!?) then you are responsible.

It was a coal effect fire with slots on the top, i will accept some responsibility, however the family who lived there before had a young child, so I cannot be sure everything behind there was MY children, although some was.

lozza12689

G_M wrote: »

Your final comment makes no sense. How can an agreement made outside the tenancy to end it early be in the tenancy agreement??!

Sorry my laptop is being slow, so im trying to answer all of your posts...

In my tenancy agreement it states that if I leave the tenancy early then I am responsible for the rent/utilities/upkeep of the property until the end of the fixed term tenancy but if a new tenant can be found then i will only have to pay out until the tenant is found, however long or short that may be.

lozza12689

trickycomper wrote: »

Personally i would tell them to get stuffed and not answer the phone to them, then see if they decide to take you to court, if they do, they will have to prove everything which i dont think they will be able to. They sound like your run of the mill scamlords

They haven't actually contacted me at all..YET since handing back the keys 15/12/11, even though, they said they would find out how much the fire was at cost price to the gas fitter and not how much HE was charging for it, that way I would know if he was making a big profit from me and also a break down of the invoice as it doesn't say much.

I haven't contacted them as I didnt get the internet until 21/12, so i have been looking into things ever since, so I can get my facts right on where i stand

lozza12689

princeofpounds wrote: »

I hope he wasn't asking you to actually disclose your PIN number!l

Yes he was! Like I said, I received a voice message on tues 13th dec, saying a new tenant had been found but I would need to handover my keys thurs 15th dec so I wouldnt be charged another months rent etc and there are a few items that ive been billed for but the main landlord would discuss this with me at the handover of keys at the property.

Rang back to sort out a time etc and asked what the items were that I was being billed for, and the response I got was " nothing major but "so and so" will discuss this with me on thursday"

So as far as I was concerned I would get a majorityof my deposit back but when i got there he handed me a huge print out of emails that where sent to me the NIGHT before handover (even though they already knew i didnt have inernet access) explaining what I was being billed for and that they needed my letter from DPS with my pin on... which obviously i didn't take with me as on the phone i wasn't told anything!