Letting agency wont return deposit

thesaint

Take it to court, the judge will give you an expensive reality check.

lynzpower

My understanding is that the tenant should have seen and signed off the inventory- if they havent - then it doesnt stand up in court?

There was certianly no inventory done that ive seen when we moved in and it was an utter bin. All the cleaning and so forth we have done. I bet the LA charged the ll for a professional clean too :rolleyes:

If they make deductions ( which I bet they will) will I have to swallow them- as there was no inventory signed, witnessed or probably done?

sooz

Doozergirl wrote: »

As a LL, if you put a carpet right next to an open fire, you'd have to make allowance for the fact that it will spit and perhaps floor it accordingly?

If it's an open fire, surely it must have a hearth?

And whenever I light a real fire, I make sure I use the fireguard...

MissMoneypenny

clutton wrote: »

""to stop bad landlords" - as tenant burns a carpet - a landlord wants reasonable compensation to replace the damaged item - and all of a sudden s/he is a "bad" landlord ??

That is the point, the compensation has to be "reasonable".

I replace the carpet in my kitchen diner every year. It only costs me £15 to buy a large cheap carpet. A landlord might put this cheap type of carpet in his rented house. It wouldn't look reasonable for more than a year, yet they want it to last at least 10 years and charge every tenant for it?

The landlord will have to produce a receipt for the carpet before the cost of the damage can assessed. Age and original cost of the carpet will be taken into account by a court. From what I have read, the landlord has not provided the receipt to date.

MissMoneypenny

thesaint wrote: »

Take it to court, the judge will give you an expensive reality check.

Are you talking from experience?

Don't let comments like that one put you off OP. When a major solicitors firm told me that when I was taking them to court, they were the ones that ended up with the "expensive reality check". I did all work myself. Just get all your evidence together OP.

thesaint

MissMoneypenny wrote: »

That is the point, the compensation has to be "reasonable".

I replace the carpet in my kitchen diner every year. It only costs me £15 to buy a large cheap carpet. A landlord might put this cheap type of carpet in his rented house. It wouldn't look reasonable for more than a year, yet they want it to last at least 10 years and charge every tenant for it?

The landlord will have to produce a receipt for the carpet before the cost of the damage can assessed. Age and original cost of the carpet will be taken into account by a court. From what I have read, the landlord has not provided the receipt to date.

I don't know any carpet that is large that costs £15. The fact that you replace it every year leads me to believe that it is a false economy.
A landlord will not be paying for the supply and fitting of a carpet every year.

The landlord does not have to produce a receipt for the original carpet, so your understanding is somewhat limited.

Despite what I say, if the judge gets his carpet from the same supplier as you, the OP will win her case.

snails's_pace

I have spoken to my oh for you, he said without an inventory put in place to begin with, legally it'll be difficult ( if you do pursue it), for them to take money out of your deposit.
His advice was to go to the agent, saying there was no inventory on you checking into the property, therefore to the best of your ability and allowing for wear and tear you have cleaned the property to the condition it was in when you moved in but as goodwill you shall offer to pay for the oven to be cleaned professionally (no more than 35 quid). Regarding the carpet, if the property came furnished, a guard should have been provided.
Also ask to see copies of the 3 monthly inspections that are carried out

thesaint

snails's_pace wrote: »

I have spoken to my oh for you, he said without an inventory put in place to begin with, legally it'll be difficult ( if you do pursue it), for them to take money out of your deposit.
His advice was to go to the agent, saying there was no inventory on you checking into the property, therefore to the best of your ability and allowing for wear and tear you have cleaned the property to the condition it was in when you moved in but as goodwill you shall offer to pay for the oven to be cleaned professionally (no more than 35 quid). Regarding the carpet, if the property came furnished, a guard should have been provided.
Also ask to see copies of the 3 monthly inspections that are carried out

The OP has neither confirmed or denied the existence of an inventory.
The OP has however confirmed that she(?) damaged the carpet.

A fireguard or lack of is irrelevant. If a landlord failed to provide coasters, would a tenant be exempt from liability to burn marks caused by hot drinks on their furniture?

snails's_pace

if the said coasters were provided and part of an inventory yes.....if the tenant caused burn marks and coasters were provided then the landlord would have every right to charge for damage

thesaint

snails's_pace wrote: »

if the said coasters were provided and part of an inventory yes.....if the tenant caused burn marks and coasters were provided then the landlord would have every right to charge for damage

The provision of protective equipment or lack thereof does not absolve a tenant of damage they cause beyond 'fair wear and tear'.
To suggest otherwise is fantasy.

I am interested in seeing the OP going to court. Seriously.