Landlord withholding bond...are they allowed?

kfurfie05

My partner and I lived in a flat for 9 months where the bedroom and hallway were carpeted. We moved out 12 days ago. On the day of leaving, a man from Entwistle Green came to inspect the flat and said it was in "very good" condition - and it was!
Now ,12 days later, we have recieved a call advising that there are carpet beetles and the new tenant who moved in on Saturday has reported this.

We are now being told our bond of £500 will be needed to cover the cost of this.

Surely this can't be allowed? We moved out on the 26th of October - it's the 7th of November! And from what I've read, carpet beetles can fly through windows, be taken in on shoes, a number of things.

What can I do?

martinsurrey

did you have an inventory done on both check in and check out dates?

is the deposit protected under one of the 3 goverment schemes?

kfurfie05

Yep we had an inventory done check in and check out, handed over the keys and was informed a few days later that we would receive our bond back in full.

What 3 government schemes?

Fire_Fox

Welcome! Carpet beetles do indeed come in from outside, did you notice any beetles during or at the end of your tenancy, if so did you report this to the landlord or the agent at the time? Did you notice any damage to the carpets? If not I don't see how they can prove the beetles didn't arrive with the new tenants. Do you have a copy of the check in and check out inventories? How were you informed the deposit would be returned in full, in writing or by e-mail?

Schemes http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/tenancy_deposit_protection_schemes/?a=502196

kfurfie05

We didn't notice a thing. And for this new tenant to notice in 5 days, you'd think in 9 months we'd have seen something. Especially seen as the majority of the carpet is in our bedroom.

She's sent me a photocopy of the inspection report and will send an invoice to follow.

Fire_Fox

It is for the landlord to prove that the tenants were in some way negligent or that they is responsible for the infestation or damage, not for the tenant to prove they are not. IMO if there is no damage the beetles clearly have not been there very long and could reasonably have just flown in or come in with the new tenant's belongings.

Do check if your deposit is lodged, you should have received the prescribed information early in tenancy anyway. If your deposit was not lodged they have done themselves up like a kipper.

cosmicseahorse

Yes, if the deposit is not with a Government scheme the landlords could potentially have to pay you 3x the deposit back!

kfurfie05

A very interesting development...
The copied invoice had the name of the company at the top, so I called them, advised I was looking for a quote on carpet beetle extermination in a one bedroom flat on the top floor.
He advised it was most likely birds nests, it would be £69 and also mentioned he was working on a carpet beetle extermination at the moment that had infested a block...and guess what? He named my area.

I've e-mailed them now awaiting response.

I wonder how many people they scam with this?

Fire_Fox

E-mailed whom? Hold off until you have the information on the deposit schemes and copies of the inventories - saying there is an infestation in the area is practically an admission of guilt not your best defence.

jthomas72

In this senerio if your inventory is clear then you should be able to get your deposit back as the inventory clerk has not note anything. If the whole block is infested the where did they actually come from.

I had a simular senerio with a cockroach investation, everyone in the block knew where it started but after countless e-mails and letters to the managing agent of that property and also getting the owners details and countless letters to them, i gave in and just paid for a pest control guy for my property to keep my tenants. You may find that the investation has come from another property, if you can get proof that they all the properties in the block have got the same problem the landlord and the agent then have to prove where the investation came from to be able to hold your bond. I doubt they will be able to confirm where it started if the whole block is infested.

MentalMinnie

martinsurrey wrote: »

did you have an inventory done on both check in and check out dates?
?

Why, incase the beetles were listed on the invertory upon check in?! :rotfl: