Letting agent possible asking for deposit back!

Milk_bottle

Hi all,

we moved out our apartment a month ago with a letting agent doing the check out inventory which they said the apartment was in great shape to say it has been lived in the for the last 6 years, we also provided them with a carpet cleaning receipt as the carpets had a stain or two on them but I don't think they noticed the marks. now a month on I get a call from the letting agent talking about the stains asking if we caused them or the cleaning guy, I've already been paid my deposit back , can they request damages even though a checkout was done and a walk around was done by the letting agent?

Many thanks

RAS

Just remind the letting agent about "betterment". If these were brand new very high quality carpets, then maybe you are liable for some damage at say 40% (4 years out of 10 years life span).

If they were standard grade, or not new when you moved in the LL would be replacing them anyway.

Pixie5740

They could but what evidence do they have that you caused the stains? This is the type of thing that should have been picked up on the check-out report. If you're check-out report says the property was in "great shape" and doesn't mention the stains then the're on a hiding to nothing.

Milk_bottle

The carpets were new when we moved in but not the best quality, they had started to lift in some areas as well and even after having it cleaned professionally they looked fine, the stains were less noticeable but even after 6 years the did look like then needed to be replaced. but my question is can they try to claw back any money even after the bond has been paid back?

Pixie5740

Which I've answered. Yes they could ask for money after the deposit has been paid back. They could even take you to court over it but in order to do that they would need evidence. The only evidence they have is a check-out report stating everything is in order.

stator

Don't admit anything. Just ignore them. They could, theoretically, take you to court. But they won't and even if they did they wouldn't be able to prove anything. They're just looking for easy money.

Milk_bottle

Pixie5740 wrote: »

Which I've answered. Yes they could ask for money after the deposit has been paid back. They could even take you to court over it but in order to do that they would need evidence. The only evidence they have is a check-out report stating everything is in order.

Thanks Pixie - sorry this situation is making me flap now so I was just skim reading :mad: is there a likley hood of them asking for money etc or talks of court? as like you have said they've got the paper work saying everything is ok.

Pixie5740

I'd do as stator suggested and just ignore them.

casper_g

There is a possibility of them asking for money, but this doesn't affect you as they can't make you give it to them! They might talk about court if they think you are timid and will be cowed into handing over the money, but they won't take action if they have no evidence.

Just ignore them, or send a short reply pointing out that the inventory states there is no problem.

Milk_bottle

Well they called me today which I answered to be fair the guy on the phone was very polite and was basically saying that they found stains on the carpet and the carpet needs to go back to the condition when took the tenancy *brand new* I was like not a chance, I then reeled of the fact we have lived there x amount of years the checkout was done and our bond was returned and as of x date I have no responsibility with that address he said he will speak to the LL... it sounds like the ball is in their court now but I feel better now they know my position on matter.

I asked where the stains were and he did not know and it seems the person who did the checkout is using the exusce that the carpets were still wet from when we had them cleaned...*they were cleaned 3-4 days before she'd even did checkout * and that's why they did not see them...

G_M

sauceoclock wrote: »

You should have had a property inspection upon moving in during which an inventory SHOULD have been signed by yourself and the letting agent/landlord and both should have a copy with photographs if possible.
Whilst I agree this is sensible for a LL to do
a) it is not legally required and
b) it is not the only way to prove the original condition. Since in this case the carpets were new, the LL can show the dated purchase receipt and/or carpet-fitter's labour receipt. That would suffice to prove the original condition.

Upon checking out you should also have had a property inspection during which an inventory SHOULD have been signed,
Very rare for tenants to sign this - it is usually done after the T has left
photographs taken and you get a copy.

....To contact you one month later and then expect you to accept responsibility for the stains with NO evidence you caused them is ridiculous
as stated, the evidence may be the original receipt, and whatever check-out inspection/photos was undertaken (unclear)
and he could take you to court but as I said. 6 Year old carpets, in court? Really? Seems unlikely.

.

Either
1) you caused the stains, in which case you are both morally and legally liable or
2) you did not, in which case you are not and can safely ignore the request for cash

As others have said, the LL cannot in any event claim 'betterment' (ie brand new carpets) since, stain or no stain, the carpets are now 6 years old so would show 'fair wear and tear'.

(stains are not 'fair wear and tear', they are 'damge').