Letting agency wont return deposit

Coopster

We moved out of our rented property at the beginning of this month. The letting agency are refusing to give us back our deposit for 2 reasons:-

they are claiming that the oven is not as clean as it should be. They say they have pictures of the condition of the oven, taken ( so they say) just before we moved in. They want to get a quote for a cleaning company to clean the oven to their satisfaction.
WE cleaned the oven thoroughly, before we moved out, and to my belief done the best job that we could.
Secondly, we had an open fire in the lounge, and there are a few burn marks on the carpet surrounding the fire. They are saying the carpet is going to need replacing and this is to come out of the deposit. Not the total ammount just a depreciative ammount. Depending on how old the capet is we willl pay a percentage of that ammount. 10 years old we pay 10%, 9 years old 20% and so on. There was NOTHING in our contract that says what will happen and on what scale they can charge for this work to be carried out.
My problem is they are taking so long over this, we need the deposit back to pay next months rent on our new place.
Also, if we do have to put some money to the cost of a new carpet, are we entilted to have the old capet that they will take out?
sorry for rambling on, but I just feel they are not being fair ( esp with the oven) .
ANY help or advice will be appreiciated. Thanks in advance

rosysparkle

If the oven is not as clean as it was when you moved in, fair wear and tear excepted, then yes they can make a deduction for the cleaning.

They can make a deduction for the carpet, and they are not charging you for betterment as they are only charging you a proportion of the replacement cost depending on the age of the carpet. I cannot see why you should not be able to collect the removed carpet. If you have another place with an open fire, you might want to consider having a cheap hearth rug, they are much cheaper to replace than a carpet.

The agents should refund that part of the deposit which is not in dispute to you pending agreement on the oven and carpet.

snails's_pace

to professionally clean an oven (had mine done last week coz i hate doing it 0..)it cost me 34 quid..have u got a copy of the inventory applicable to you moving in?
cant help much on the carpet thing really, but my oh is an estate agent and deals with lettings also, i can ask him when he gets in tonight for you

silvercar

WE cleaned the oven thoroughly, before we moved out, and to my belief done the best job that we could.

It could well be the best job you could do, but is it as good as a professional firm?

Secondly, we had an open fire in the lounge, and there are a few burn marks on the carpet surrounding the fire. They are saying the carpet is going to need replacing and this is to come out of the deposit.

Of course they will have to replace it. You burnt it so should expect to pay; this is beyond fair wear and tear. I think they are generous in only taking a proportionate amount.

My problem is they are taking so long over this, we need the deposit back to pay next months rent on our new place.

So agree the amount and move on.

irnbru_2

Coopster wrote:

They say they have pictures of the condition of the oven, taken ( so they say) just before we moved in.

Did you sign the back of the photos? What does your inventory say about the state of the oven?

Coopster wrote:

Secondly, we had an open fire in the lounge, and there are a few burn marks on the carpet surrounding the fire.

Were there burn marks there previously?

Coopster wrote:

My problem is they are taking so long over this, we need the deposit back to pay next months rent on our new place.

Unless you give way, you're not going to get your deposit back in the time frame you require.

Coopster

thanks for the replys. ok....

gonna answer all together...

As far as my partner and I are concerned...the oven IS clean. Being both chef`s we know the best way of going about this. The dispute is that it is not as clean as the PHOTO the agency have taken of the oven. Our dispute with them is that this photo could have been taken at ANY time. Despite what they tell us is "it`s a digital with a date printed on the picture2. We plead that it could ave been taken 10 years ago, and a new date added go unheard. furthermore, this is the first time we have heard of these photo`s, and NO, we never signed the back of them.

As for the carpet, yes I agree. It IS our fault that it got burnt. But, there`s nothing in our original contract stating that IF something happens to the carpet( or anything else for that matter) That they can charge us what they are...i.e 10 yearold 10% and so on
We NEVER signed ANYTHING agreeing to this. So. Are they in the right to do this????? Doesnt seem right to me. If its not in the original contract that we signed, then what gives them the right to `pluck` any old figure , and say we must pay ?????

Thanks to all that replyed....keep them coming

silvercar

Coopster wrote:

But, there`s nothing in our original contract stating that IF something happens to the carpet( or anything else for that matter) That they can charge us what they are...

Does that mean you can kick holes in the wall , pull the oven door off etc?

I would guess that somewhere in the contract it states you are responsible for damage. burning holes in carpets is damage and I would expect you to be charged for the total replacement of the carpet. I would consider any deduction (from the carpets total cost) a bonus.

If you don't like the landlords ruling you are going to have to take them to the small claims court. The risk is the judge also sees burns in carpets as damage and you lose the cost of the carpet and court costs and the delay in getting your deposit back.

Generali

If they can't prove the original condition, they can't have your deposit. Take them to the small claims court. Mrs Generali has been doing just that this afternoon.

Coopster

[QUOTE=Silvercar....Does that mean you can kick holes in the wall , pull the oven door off etc



Well no of course not, thats not what i am trying to get across..... I want to know why they can charge me what they are???? I certainly never agreed to some thing along the lines of, if the carpet get spoilt then i pay what they are expecting me too.
I have rung the landlord directly( he hasnt returned my calls) .
The scale the agency are using only goes up to a carpet of 10 years or less. If its 11 years then we dont have to subsudise the repayment. Sigh.
All i want to know is, do i take this and learn, or fight? Where are the agency getting these figures from???? why not 5 % for a 10 yo carpet or for that mattter 20 %??? seems to me they are making things up as they go along


And yes, I will fight this

thanks to all, anything else?

brazilianwax

Sounds like they are using straight line depreciation for the carpet (which I have to say sounds fair).

They are saying that they would expect a carpet to last 10 years, and so you 'write off' the cost over that period.

So a £1000 carpet costs £900 after a year, £800 after 2 years etc until at 10 years it is worth nothing and you need to replace it.

I'd have thought 10 years was pushing it in a rental property, but that's working in your favour so I wouldn't fight too hard.

sooz

have a look in your tenancy agreement to say what it says about damages and replacement, allowing for fair wear and tear.

here is an arla guide on the subject http://www.arla.co.uk/download/dealing_with_deps_disps_dams.pdf