Landlady not returing deposit

cirian75

Moved into a house share at the end of 2011

Landlady is the home owner

paid a £300 deposit.

left there 4 days ago

Landlady is now refusing to have over the deposit until she has the carpet cleaned and the most minor of minor paint done

she claim the carpet is filthy, it is plainly not.

I have taken HQ photo's and videos of the room.

Carpet is a super light beige and I lived there for 13 months

my old man who was there today with me while I took photos clocked the carpet in her bedroom, I thinks it was dirtier than the one in what used to be my room

it is nothing more than very minor wear and tear which I know the deposit can not be used cover.


I have checked all 3 off the deposit schemes

the deposit is in neither.

what do I do next?

moromir

Dirt is not 'wear and tear', was the carpet dirty?

cirian75

moromir wrote: »

Dirt is not 'wear and tear', was the carpet dirty?

just dirty and not much, very hard to even get it to show up on video/photo's, no wear, the cheapest carpet cleaner would have it like new in minutes.

sofaspud1234

cirian75 wrote: »

just dirty and not much, very hard to even get it to show up on video/photo's, no wear, the cheapest carpet cleaner would have it like new in minutes.

Was it dirty when you moved in? I would have made sure it was cleaned before I moved out.

cirian75

sofaspud1234 wrote: »

Was it dirty when you moved in? I would have made sure it was cleaned before I moved out.

I hoovered it twice

looked at the carpet

decided that it was not needed.

Werdnal

You mention "her" room - does landlord live on premises with you? If so, you are a lodger, not a tenant, and there is no requirement to register your deposit in a scheme.

If the carpet was dirty - that is any dirt at all that was not there when you moved in - then it is your dirt and not wear and tear. However, withholding all your deposit for this is unfair.

Write a "letter before action" to the landlord, stating that you will give her £XX for the cost of cleaning the carpet - perhaps £30 is fair if it is just the one room, but others may feel differently - and you require the remainder of your deposit returned, otherwise you will be taking legal action to recover the amount.

Give her 7 working days to return the money, and if she doesn't start your claim.

cirian75

reading up it seems I was what is called an

"excluded occupier"

cirian75

Werdnal wrote: »

You mention "her" room - does landlord live on premises with you? If so, you are a lodger, not a tenant, and there is no requirement to register your deposit in a scheme.

If the carpet was dirty - that is any dirt at all that was not there when you moved in - then it is your dirt and not wear and tear. However, withholding all your deposit for this is unfair.

Write a "letter before action" to the landlord, stating that you will give her £XX for the cost of cleaning the carpet - perhaps £30 is fair if it is just the one room, but others may feel differently - and you require the remainder of your deposit returned, otherwise you will be taking legal action to recover the amount.

Give her 7 working days to return the money, and if she doesn't start your claim.

carpet was 2 months old when I moved it, I was there 13 months so it was a 15 month old light beige carpet.

gb12345

cirian75 wrote: »

"excluded occupier"

Fancy term for lodger.

Unfortunately, you have very few rights, but the landlady does not have the right to withhold the deposit she should give you back all but the cost of cleaning the carpet and sorting the paintwork.

Werdnal

cirian75 wrote: »

carpet was 2 months old when I moved it, I was there 13 months so it was a 15 month old light beige carpet.

With dirt on it that wasn't there when you moved in - your dirt, so you should have cleaned it before you left, or pay her to do it now!

Werdnal

cirian75 wrote: »

just dirty and not much, very hard to even get it to show up on video/photo's, no wear, the cheapest carpet cleaner would have it like new in minutes.

I hereby rest my case!