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Getting Rented deposit back.

I was wondering if someone could help.
I moved into my BF rental property with my dog and the landlord was aware at the time of renting I owned a dog. We did not have to pay a deposit for the dog and nowhere int he contract does it state that that the carpets have to be cleaned upon exiting the property because we have a dog.
As we are about to move out due to me being made redundant they have said that to get our deposit back we need to have the house carpets professionally cleaned. When asking where abouts in the terms and conditions it states this they quoted "It forms part of the keeping the property in proper condition and is not specicically itemised"
Our dog is not messy and little hair loss the carpets are clean. I am not trying to avoid something that was made perfectly clear to us as it was never mentioned, but I would liek tsome advice whether they can use this clause to withhold my deposit. I woudl have thought this would need to be a clear requirement. Otherwise they could use this term for pretty much anything they use.

If anyone has any ideas on what I should be saying to the landlord I would much appreciate the help.

Many thanks

Cathy
«1

Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    The carpeting needs to be returned in the same state of cleanliness as they were at the start of the tenancy. If it is a requirement to have them professionally cleaned it should have been a clause in the tenancy agreement or they could think up all sorts of ruses to claim the deposit.

    One caveat: dogs smell and this is often not apparent to their doting owners. Hire a RugDctor and clean the carpets yourselves.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Personally if a tenant of mine had a dog (however clean the tenant claimed it was) I would ensure not just that the carpets were cleaned but the house was treated for fleas.

    Yes, yes - I know your dog hasn't got fleas, because every dog owner I've met has assured me their dog does not have fleas!

    But if my next tenants ring me up a week after moving in complaining of fleas, who will they expect to deal with it? And where does it leave my relationship with my new tenants? And their perception of my property?

    Not a risk I want to take. So I'd expect the outgoing tenant to take measures to guarantee they leave the property as they found it: flea and smell-free!
  • Person_one
    Person_one Posts: 28,884 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    G_M wrote: »

    Not a risk I want to take. So I'd expect the outgoing tenant to take measures to guarantee they leave the property as they found it: flea and smell-free!

    Would evidence that they'd treated the dogs for fleas do you? I imagine a tube of Spot-on is a lot cheaper than treating a whole house for non-existent fleas.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Person_one wrote: »
    Would evidence that they'd treated the dogs for fleas do you? I imagine a tube of Spot-on is a lot cheaper than treating a whole house for non-existent fleas.
    I'm not an expert and have no idea what 'Spot-on' is, but frankly a tenant waving an empty tube of XXX does not prove anything.
  • Person_one
    Person_one Posts: 28,884 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    G_M wrote: »
    I'm not an expert and have no idea what 'Spot-on' is, but frankly a tenant waving an empty tube of XXX does not prove anything.


    Spot on (and other brands) are what most dog owners put on their dogs regularly to prevent fleas. Very few well looked after dogs have fleas these days.

    Do you make all parents of school age children pay for the house to be treated for head lice?
  • cathy2907
    cathy2907 Posts: 65 Forumite
    My question is about wording within the contract in relation to the original post, not to question my morals on what you think I should do or what you would do in my situation.

    My dog doesnt have fleas, is fully house trained and vacinated Thanks for those comments. The house has been kept in excellant order and is kept clean.
    Even if question was "what should I do" having the carpets professional cleaned would not clean up fleas. It would need flea treatment.

    My point is it is not clear in the contract and thats my question.
  • cathy2907
    cathy2907 Posts: 65 Forumite
    G_M wrote: »
    Personally if a tenant of mine had a dog (however clean the tenant claimed it was) I would ensure not just that the carpets were cleaned but the house was treated for fleas.

    Yes, yes - I know your dog hasn't got fleas, because every dog owner I've met has assured me their dog does not have fleas!

    But if my next tenants ring me up a week after moving in complaining of fleas, who will they expect to deal with it? And where does it leave my relationship with my new tenants? And their perception of my property?

    Not a risk I want to take. So I'd expect the outgoing tenant to take measures to guarantee they leave the property as they found it: flea and smell-free!

    Yes and had this been agreed and advised upfront at the begining of the tenacy I would have been fully aware and adhered to that conidtion if I felt it reasonable at the time. If I didnt I would have been able to walk away before signing an agreement.

    I too have a tenant in another house and there is a clause that relates to pets. Mine does not have this and the landlord is of a private estate and has there lettings professional managed, so shoud have known better.
    Again my query relates to the contract wording what not what i can or should do
  • russxiii
    russxiii Posts: 65 Forumite
    i wouldnt know contractually wise im afraid. but if you do decide to rent a carpet cleaner out make sure this is ok'd with your LL. AND GET A RECEIPT FOR RENTAL.

    my mom owns a proffessional carpet cleaning piece of kit and my brother cleaned his property with it after this was contractually written and the LL still took money from the deposit for proffesionally cleaning the property, because no receipt had emerged proving it had been done.
    8k/13k for 2013!
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    russxiii wrote: »
    my mom owns a proffessional carpet cleaning piece of kit and my brother cleaned his property with it after this was contractually written and the LL still took money from the deposit for proffesionally cleaning the property, because no receipt had emerged proving it had been done.

    They should have disputed that, as the landlord had no ground for deduction as long as the end result was satisfactory.
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    It is the duty of the tenant to return the property in equally clean condition as it was let to them. Assuming you had a check-in inventory, and the LL conducts a check-out inventory, this is the "bible" where deposit claims are concerned.

    Is your deposit protected? If so, you apply to the scheme for return of the deposit and LL applies for any deductions he wishes to make. If you and he dispute the amount he wants to deduct, it is down to the LL to prove that any dirt or damage left behind was yours to pay for, not you to prove you have cleaned the property (professionally or otherwise).

    If there was no inventory, there is nothing to prove the start versus end condition, and you therefore have a very good case for disputing the LL's claim.

    As for the flea issue, whilst I am sure you regularly treat your pet for fleas, there is evidence that flea eggs/larvae can survive many of the modern flea treatments. They then lay dormant in the carpet for weeks until conditions are right for them to hatch. Whilst your tenancy may not state it, if the LL discovers evidence of fleas on the check out, then you could be liable for him arranging a de-flea treatment, as it is only your dog that could have introduced them to the property.
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