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End of tenancy - Deposit Issue

Hi all

First time poster so apologies if I am not doing this correctly.

I rented a flat from a first time landlord roughly 8 months ago, he did not want to do an inventory at the time so I agreed to this as the flat was in pretty good condition except for a few stains on the carpet in the living room and a mark on the table unit.

4 months into the tenancy he contacted me and told me he wanted to sell the flat so he would start viewings if it was ok with me, being as accommodating as I am I agreed to this as I thought it was no skin off my back. I also at the time told him I might buy it from him, or rather my partner might but when we found out the price he was trying to get we pulled out. After the first few viewings he called me and asked me whether I could move some of my stuff into storage as I had too much stuff and the flat looked cluttered. I responded saying I lived in it and I would not pay for my things to be in storage. He then handed me notice. He then had an argument with my current estate agency and decided to sell the flat with another agency. The flat is also now back on for renting.

My deposit is with DPS. He contacted the estate agency and advised them it would be £ 1,200 to replace the carpet and paint the walls and other bits and bobs as he put it. The estate agency who are actually no longer contracted to work with him told him the quote was ridiculous and to get an additional quote. The estate agency told me that as he has changed who he is selling/renting through they are no longer contracted to help as they were just a rent collecting agency anyway and he has to go through DPS.

I had a cat while at the property and she soiled the front door coir matting which I have agreed to replace at the cost of £30. This is what Carpet Right have agreed it will cost to replace. I then called him to discuss the quote he had sent to the agency. He is trying to charge me for:
  • Repainting the whole flat throughout
  • Replacing the carpet in the living room due to the stain which was there before I moved in
  • Repairing the table top which was stained and he damaged when trying to sand the stain down
  • Warped counter top because the boiler leaked and damaged the counter top, this was unbeknownst to me

He is claiming the flat smells of cat pee and that is why he needs to replace the carpet throughout, I agreed the flat smells but it is because of the front mat which I have agreed to replacing. I have also advised him that he cannot charge me for the painting as it is fair wear and tear (I got rid of any scuffs and marks anyway) and he agreed to this.

I told him that the warped top is not down to me as I was not aware the boiler was leaking, additionally this would be under house insurance or his boiler insurance?

His argument is that he handed the flat over to me looking new and that is how I shall return it and I clarified that fair wear and tear should be allowed for.

I had the flat professionally cleaned, the oven cleaned and the carpets professionally cleaned prior to handing it back.

He has now advised me that we will go to dispute if I don't agree to the money and that as he has no time his grandparents will be handling it going forward.

I just want to know with no inventory, how do I prove the carpet in the living room was already stained and the table top was already marked? Is there any danger for me going to dispute?

Thank you all for your help
«1

Comments

  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    VeraSofia wrote: »
    He has now advised me that we will go to dispute if I don't agree to the money

    Which scheme was the deposit protected in, and did he provide you with the prescribed information?

    The deposit is still your money, and it's up to him to prove that you caused the problems he is claiming for, not for you to prove that you didn't cause them. While an inventory isn't mandatory and other evidence can be taken into account, a comprehensive check-in and check-out inventory are the best ways for a landlord to prove that claims are valid.

    I would say that he has more to fear from a dispute and the lack of inventory than you do, so I would stick to your guns and send as much information and evidence to back up your position as you can when the dispute is opened.
    Let's settle this like gentlemen: armed with heavy sticks
    On a rotating plate, with spikes like Flash Gordon
    And you're Peter Duncan; I gave you fair warning
  • He hasn't actually provided the quote to me and on the phone call he mentioned £200 and then he said £400.

    It's with the deposit protection service, I have already contacted them and asked for my deposit back minus the £30.
  • VeraSofia wrote: »
    I just want to know with no inventory, how do I prove the carpet in the living room was already stained and the table top was already marked? Is there any danger for me going to dispute?

    You don't prove it, he has to prove you caused any problems. If there is no signed inventory (signed by both parties) then there is no proof of the condition of the property, if there is no proof of the condition of the property at check in how can the landlord demonstrate that you have caused a problem?

    You can, if you so desire, refuse any deductions based on damage. No inventory (or equivalent proof) = landlord cannot make deductions for damage. The requirement to prove something did or did not happen to the property while in your possession is the landlords, not yours.

    http://www.depositprotection.com/documents/a-guide-to-tenancy-deposits-disputes-and-damages.pdf
  • That was extremely helpful, thank you. I am wondering where the boiler leak fits in, as I just wasn't aware it was leaking, it's in a cupboard and I didn't realise at all.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 14 May 2013 pm31 4:42PM
    Re cat stains and carpet stains. As has already been pointed out 1) He has to prove that you and not he/another previous tenant made the stains with an inventory taken when u first moved in. 2) He's not allowed to request repairs/redecoration to newly decorated standard if the place wasn't newly decorated when u moved in, and even then he's got to allow for fair wear and tear of a 3 year tenancy (I think u said it was 3 years).

    However for a cheap price you could try this http://www.amazon.co.uk/Simple-Solution-Stain-Odour-Remover/dp/B004GBTK28/ref=sr_1_1?ie=UTF8&qid=1368548943&sr=8-1&keywords=cat+stain+and+odour+remover
    I had a cat who became ill and chose a favourite spot in the rug to make messes. Nothing whatsoever cleared the smell and stain til I tried this, even without a shampooer (just left it on under a damp tea towel for a couple of days, then applied more and stain/odour was gone). Might save u replacing the carpet at all.

    If there are still cat odours, its time to hire or buy a shampooer (much cheaper than replacing carpet). Put 100ml in with carpet shampoo.., clean the carpet but leave it damper than u normally would to allow odour remover time to work. I now have no odour issues at all.

    Personally I'd put as little in this landlord's pocket as you can manage.., its worth a few hours work. As far as I can see the only 'legal' claim he can make is against the cat odour and u can't take pictures of that lol. Even if u had to pay £100 or so to a professional shampooing company, its less than replacing the carpets.

    If you know what the other stains are caused by, do a quick search on youtube for ways to clean them up, if you want to.
  • Hi, it was only 8 months in the flat in the end as he decided to sell it suddenly. The cat stains which are honestly my fault were on the front door mat only which I have agreed to pay to have replaced. The neighbours' cat kept peeing just outside the door and my cat was marking her territory by peeing just on the other side! Thank you though for the link as that will come in very helpful for future use!
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes, sorry, I re read your post after making mine
  • My landlord has now emailed me with pictures of a small stain of mould under the sink and next to the toilet telling me that this is additonal damage I have to pay for. I had the flat professionally cleaned but I guess they were unable to get this out. Is mould under the sink and next to the toilet my responsibility? There is mould no where else in the property as we kept it aired at all times. Thank you.
  • RAS
    RAS Posts: 34,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What did it state about mould in the incoming inventory?
    If you've have not made a mistake, you've made nothing
  • There was no inventory done and it says nothing in the contract about mould.
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