Blackmailed into not using the DPS

keeer

My partner and I moved into an unfinished property almost four years ago, we've now purchased a property and moved out. During the final days of our tenancy agreement the landlord was decorating and observed two stains to a carpet (we were aware of these stains with no dispute at all), he also noted that despite both our families cleaning the property (6 people working on the property at various dates), the final days included a professional carpet cleaner used by our parents. After all this work the landlord disputed the cleanliness of the property, stating it needed £70's worth of cleaning and had £30's worth of damage. At this point the landlord said "if you pay for the carpet as new and give me £100 I'll return the entirety of your deposit and not go through the DPS, if you use the DPS I'll go through things with a fine toothed comb and charge you more, cleaning would be 14 hours work rather than 7, decorating would be £490 rather than good will". With little choice we agreed (reluctantly) to the deal and asked for written confirmation which he provided.

The next day we arrived to pay for carpet fitting and to pay the cleaner for 7 hours work - no cleaner present, therefore we said we'd keep the £100 and go through the DPS about the disputed amounts (this ended in conflict on our landlords side with witnesses present for both parties). Later that afternoon we asked for the cash for the carpet back and said we'd rather deal with the amount through the DPS - unsurprisingly this was rejected as we "offered" to buy the carpet (contradicting previous emails from the landlord), we also asked for an inventory which hasn't been provided.

On to my final point, we're going to the DPS; how much should we claim? Is there anything we can do about the carpet at all? We've been very thorough with documentation, audio and video clips throughout our tenancy.

MortgageMamma

I'm no expert with tenancies but I suspect 4 years use of a carpet is considered wear and tear?

If you have lots of photographic/video evidence you should fight your corner with the DPS. I've never had to withdraw a deposit via the DPS but I've known friends to and they have always been successful. Sounds like your landlords trying to pull a fast one to me

Guest101

keeer wrote: »

My partner and I moved into an unfinished property almost four years ago, we've now purchased a property and moved out. During the final days of our tenancy agreement the landlord was decorating - ??!! Why on earth would you let him decorate in YOUR home, before he's returned the deposit??!! and observed two stains to a carpet (we were aware of these stains with no dispute at all), he also noted that despite our families cleaning the property with a professional carpet cleaner the property needed £70's worth of cleaning and £30's worth of additional damage. At this point the landlord said "if you pay for the carpet as new and give me £100 I'll return the entirety of your deposit and not go through the DPS, if you use the DPS I'll go through things with a fine toothed comb and charge you more, cleaning would be 14 hours work rather than 7, decorating would be £490 rather than good will". - Well he's an idiot. Why on earth would you agree to this?! With little choice we agreed (reluctantly) to the deal and asked for written confirmation which he provided. - No you had a very good choice: "Leave my home immediately, you so and so. I'll let the DPS decide,"

The next day we arrived to pay for carpet fitting and to pay the cleaner for 7 hours work - no cleaner present, therefore we said we'd keep the £100 and go through the DPS about the disputed amounts (this ended in conflict on our landlords side with witnesses present for both parties). - what do you mean 'conflict' ? Later that afternoon we asked for the cash for the carpet back and said we'd rather deal with the amount through the DPS - unsurprisingly this was rejected as we "offered" to buy the carpet (contradicting previous emails from the landlord), we also asked for an inventory which hasn't been provided. - So you gave him cash?!

On to my final point, we're going to the DPS; how much should we claim? Is there anything we can do about the carpet at all? We've been very thorough with documentation, audio and video clips throughout our tenancy.

Atleast tell the DPS you've paid for the carpet so that you aren't charged twice!

Guest101

MortgageMamma wrote: »

I'm no expert with tenancies but I suspect 4 years use of a carpet is considered wear and tear?

If you have lots of photographic/video evidence you should fight your corner with the DPS. I've never had to withdraw a deposit via the DPS but I've known friends to and they have always been successful. Sounds like your landlords trying to pull a fast one to me

The LL cannot have a new carpet.


Well he can because the tenants have paid for one, but legally not tentitled to new for old.

keeer

Guest101 wrote: »

Why on earth would you let him decorate in YOUR home, before he's returned the deposit??!!

That or we're charged for it or forced into doing it ourselves, little did I wasn't aware at the time the DPS would ignore this anyway as it's betterment.

Guest101 wrote: »

Well he's an idiot. Why on earth would you agree to this?

Same reason as above, get him out our hair, make it as easy and simple as possible rather than complex an expensive, after some though this seemed like a bad idea (hence us siding with the DPS).

Guest101 wrote: »

No you had a very good choice: "Leave my home immediately, you so and so. I'll let the DPS decide,"

Again, he'd simply request monies and work in this situation.

Guest101 wrote: »

what do you mean 'conflict' ?

Not as serious as it sounds; verbal abuse.

Guest101 wrote: »

So you gave him cash?!

Nope - the agreement was give him cash and someone will do the cleaning, when we arrived there was nobody cleaning so we kept all the cash and walked off (we should have done this earlier, but were coerced).

Guest101 wrote: »

Atleast tell the DPS you've paid for the carpet so that you aren't charged twice!

Good point, I assume the money is lost though? He'd have a hard time proving the carpet was damaged though given it was replaced (and reciepted) on the final day of our tenancy agreement.

keeer

Guest101 wrote: »

The LL cannot have a new carpet.


Well he can because the tenants have paid for one, but legally not tentitled to new for old.

This is exactly why I think it was a bad move NOT suggesting he use the DPS for the carpet, something I thoroughly regret.

Guest101

No Worries, now you know. And whilst you are now homeowners you can pass on all you've learnt to others.


The carpet money may or may not be gone, but small claims would take up more of your time.

keeer

How much do you think we should agree on for the deposit? There's some damage to the fridge plastic panels - we accept this. I will not pay for decorating, cleaning is in our tenancy agreement with the terms "to the landlords standard" which is obviously a vague criteria, he suggested 7 hours (which obviously wasn't being actioned when we arrived) should we stick to 7 hours or dispute it entirely?

How about the inventory? I know we signed a inventory which went back to him numerous times for changes (i.e things were damaged when we moved in and described as new on the inventory), currently we don't have a copy of this despite requesting one.

Guest101

The LL must prove the deductions just agree nothing and supply your evidence. Let the adjudicator decide on what is reasonable (that's their job after all)

G_M

I've read the thread several times and can't see any 'blackmail' anywhere.

If you have broken the law in some way and the LL is threatening to expose you unless you pay for a new carpet, you'll have to decide which is worse: being done for whatever it is you're being blackmailed over, or the cost of the carpet.

If there IS no 'blackmail', then you've simply been manipulated and acted naively.

1) Get your evidence together (original inventory, photos post cleaning, witness statements, invoice from leaning company etc)

2) write asking for your deposit to be returned

3) wait for/request in writing details of cost breakdown of any deductions the LL proposes

4) raise a dispute and submit your evidence

see

* Deposits: payment, protection and return

dannim12345

I think I would dispute all charges and (if there's evidence) ask for anything you've paid for before to be deducted from any monies they do award (not sure it that's even possible though?). Let the DPS fully decide rather than offering too much.