Advice re:Shorthold Tenancy and Carpet Cleaning

cornishmum

We rent a house on a 6-month shorthold tenancy. We are giving written notice today, to leave the property at the end of the shorthold tenancy (23rd Jan 2013), so they have about 5/6 weeks notice. They have already served a S21, but I guess that's just standard (they do say it will be null and void if we want to sign another tenancy, but we don't). The S21 is dated 29th November, so actually it's just less than 2 months notice.... But whatever. The letting agency can't do anything right, so I didn't really expect much more!

Anyway.... when we moved in, the place smelt of wet dog and the carpets were covered in dog hair. We did the inventory/condition report inspection and I showed the letting agent the dog hair and general state of the house (it had not been cleaned). They provided a receipt from a 'professional carpet cleaning' company, showing that the carpets had been cleaned (to the tune of around £160, paid for by the previous tenants). He seriously did a bad, bad job of it!!

In our tenancy agreement, it does state that we need to clean the carpets when we leave and provide a receipt, but I would like to know whether I can argue this based on the fact that the place was absolutely filthy when we moved in and I effectively cleaned it myself. Will they take the money off our deposit? Is it worth not doing it and then having an argument?

The agency have been total and utter rubbish since day 1 and the place has awful damp problems that are not being resolved. This is why we are not renewing. I have sent a letter to Environmental Health and hope to have an inspection before we move out. Although it's too late for us, I don't think the house is suitable to be rented out until the damp problem is resolved (rising damp in the kitchen and front bedroom).

So, anyone got any advice? I don't want to spend another penny on this property, but I don't want to lose my deposit either.... Where do we stand?

Many thanks!

BTW I have searched the forum for all the carpet cleaning threads, but nothing is quite the same as my query. I know we have to leave the house in the same state as when we moved in (except wear and tear) but we do have a clause in our contract about a professional carpet clean.

casperlarue

Hello Cornishmum,

Firstly, yes you're right their S21 is invalid, does not give 2 rental periods notice. Your notice is valid.

Was your deposit protected and did you receive the prescribed info within 30 days of payment?

Re. the dog hair/dog smell.... when you reported it to the agent did you get any kind of written confirmation of the state of the carpets etc? Was the inventory amended?

Also, regarding the damp problems, ultimately the landlord is the person you need to be in contact with, the letting agent really can't make any decisions on behalf of the landlord. Have you written to the landlord explaining the problems?

cornishmum

Thanks for your reply. In answer to your questions....

Deposit is protected and I have all the details in an email from DPS (it was deposited a week before we moved in).

The inventory was amended by me and sent by registered delivery (they didn't do the inventory or condition report until 3 days after we moved in.....). Then they sent our copy in the post, didn't put enough stamps on it and I had to pick it up from the post office!! I amended it and wrote everything down, signed it and sent it back. I also sent an email with all the points on (such as dog hair, smell etc).

We don't have any contact details for the landlord. Our lease is with Mr & Mrs C.... c/o Letting Agency. I know they live in Portugal, but that's all.

G_M

Your obligation at the end of the tenancy is to leave it in at least as good condition as it was at the start, less fair wear & tear. WHATever the tenancy may say (eg about professional cleaning etc). It is up to you how you achieve this.

To establish the condition at the start, the landlord/agent normally relies on the signed inventory (though other documents/receipts can be used).

If the LL/agent did not sign/agree the amendments to the inventory, it may be hard for you to rely on it.

However, if the only signature of yours that they have is on the amended version, then they will have to rely on that in any deposit dispute.

You can write and ask for the LL's address. See Landlord & Tenant Act 1985 S1.

cornishmum

I'm back again.
Our notice has been accepted by the Agent and the house is being advertised already. I feel sorry for the next lot of tenants, because the Agents are useless and the house is terribly damp. Sigh.

Just gone over our paperwork and the condition report was signed by us and details everything such as dog hair on the carpet, bulbs working/not working, kitchen cupboards broken etc (I put a lot of detail in there!). But there is only our signature on it - there is no signature (and no space/line to do so) from the Agent. So as I sent this by registered mail and have proof of postage, plus a scanned copy, I'm guessing I am legally covered. BUT as it does still say in out shorthold tenancy agreement that we have to get the carpets professionally cleaned on departure, I'm guessing we still have to do this? Or is there a law that overrides this clause in the contract?

Thanks for all your help. I can't wait to get out of this house, but I also want to do everything right and not lose a penny of our deposit.