Deposit Dispute and Landlord doesn't want to use ADR service

Mar2

We have disagreement regarding the deduction from the deposit as the landlord changed the carpet in the lounge and painted the kitchen. She wants to charge me £365 for this. My husband partially painted the walls but she said the colour was different then the rest of the wall. Before we moved out we hired professional carpet cleaning company, but it doesn't washed off the coffee stain from the lounge carpet,so I agreed it needs to be changed.
LL wanted to charge me £365 for this, but I have learned from the DPS documents that she has to take into account the lifespan of the carpet and the the wear and tear so she cannot charge me full price of the replacement etc.
I have lived in the flat for 2 years. The carpet was of the cheap quality - standard cream colour and magnolia paint on the walls. LL first write to me that the carpet cost was £240. And then that it costs £9 per square meter. I highly doubt that,as I just done the carpets in my new house so I know the prices, but even so, the lounge was approx 4 x 4 m so it's 16 square meters times £9 = £144.


I agreed to pay £200 for everything as the carpet was clean but not brand new when we moved in (there were pressure marks from the furniture - I could say where was the bed,wardrobe etc), and the walls was not freshly painted as well.
I believe that £200 is fair price,but landlord still wants £300 and she doesn't agree to use Alternative Dispute Resolution service which I suggested.
What am I supposed to do know? Is my only option now is to go to Court? How likely am I going to win?
Is £200 fair price for damage or I should agree.to get £300 deducted as LL wants ?


Thank you for any advice

stator

Apply to your deposit protection scheme for the full return of your deposit and the landlord will have to justify her deductions to them. If she doesn't have a good inspection report from before and after then you should get most of it back.

G_M

Mar2 wrote: »

We have disagreement regarding the deduction from the deposit as the landlord changed the carpet in the lounge and painted the kitchen. She wants to charge me £365 for this. My husband partially painted the walls but she said the colour was different then the rest of the wall.
If you changed the colour, without written permission, then you should either repaint again in the original colour, or the LL can do so and bill you.

Your obligation is to leave the property as you found it, less wear and tear.

You can, of course, claim 'betterment'. ie if the original paintwork was in poor condiion (as shown on the inventory at check in), then a brand new paint job would be betterment - you can therefore deduct a reasonable % of the repainting cost.

Before we moved out we hired professional carpet cleaning company, but it doesn't washed off the coffee stain from the lounge carpet,so I agreed it needs to be changed.
LL wanted to charge me £365 for this, but I have learned from the DPS documents that she has to take into account the lifespan of the carpet and the the wear and tear so she cannot charge me full price of the replacement etc.
Correct.
See 'betterment' above.
I have lived in the flat for 2 years. The carpet was of the cheap quality - standard cream colour and magnolia paint on the walls. LL first write to me that the carpet cost was £240. And then that it costs £9 per square meter. I highly doubt that,as I just done the carpets in my new house so I know the prices, but even so, the lounge was approx 4 x 4 m so it's 16 square meters times £9 = £144.

Get quotes rom a carpet company for a replacement carpet of similar size, quality etc, and then deduct the cost of betterment. Was the carpet new 2 years ago? A cheap carpet probably lasts 10 years, so if 2 years old, you should expect to pay 4/5ths of the cost of replacement.

I agreed to pay £200 for everything as the carpet was clean but not brand new when we moved in (there were pressure marks from the furniture - I could say where was the bed,wardrobe etc), and the walls was not freshly painted as well.
I believe that £200 is fair price,but landlord still wants £300 and she doesn't agree to use Alternative Dispute Resolution service which I suggested.
What am I supposed to do know? Is my only option now is to go to Court?
Yes
How likely am I going to win?
If you have evidence to support your claim, dispute the LL's claim, you'll win.
Plucking costs out of the air is not enough. Get writen estimates from carpet suppliers, decorators et, and then show your calculations on 'Betterment' to get an exact figure.
Is £200 fair price for damage or I should agree.to get £300 deducted as LL wants ?


Thank you for any advice

It may be easier to compromise by offering a bit more just to aoid the time and agrovation of court.

BitterAndTwisted

Which deposit protection scheme did the landlord register your deposit with?

Was there a dual-signed and dated check-in inventory at the start of your tenancy accurately describing the condition of the property and its contents?

A coffee stain on a cream carpet and patch-painting walls is deeply and profoundly unsatisfactory. I don't blame the landlord for carrying out the work they have done but charging you the full cost is not reasonable.

If it gets to court the judge will expect both parties to have tried to reach a compromise beforehand, therefore you need to have an estimate of the actual costs the landlord has incurred. They can't just pluck figures out of the air and expect you to cover 100% of it.

Mar2

It is DPS Custodial Tenancy Deposit Scheme

Thank you for any advices.

I have check in inventory which says that the carpet in lounge shows some ligth wear and the walls in the kitcen and landing have some scuffs and marks.

I understand that the stain in the carpet is unsatisfactory, but I also think if the professional cleaning by the hired company did not wash off the coffee stain says that the carpet itself was old and of the poor quality.

I also suspect that LL is not entirely fair when it comes to job done as she doesn't want to use Alternative Dispute Resolution service. If she thinks she is right she risk nothing as the service is free and I will have to pay how much they will decide.

I am fed up by this whole situation, but I cannot afford to let it go, being full time mum of two little ones. My husband only provides for family,so £100 disputed is a lot for us.

Thank you very much,again.

Mar2

And one more question: does it matter that I signed tenancy agreement with letting agency- Landlady was not on the check in as the agent was the one who showed me the flat and signed the paperwork. But Landlady insisted that she will done the check out.

Pixie5740

No it doesn't matter. The LL employs the LA to act on her behalf.

G_M

The word 'agent' is the give-away: The letting agent acted as 'agent' for the LL, so whatever the agent did, legally, the landlord did.