Potential Severe Damage caused by end of Tenancy Cleaners

[Deleted User]

Damp smells from carpet will usually disappear once carpet is dry. Just need to leave windows open to help water evaporate.

Marktheshark

taking the mickey at the end of the tenancy is quite normal and most landlords who are in it to make money will do it.

File a claim and dispute with the Deposit protection.

Do not submit any evidence that harms your case and admit nothing.

Countist

Fbaby - can the ADR really help? (this is the service for allocating deposit disputes?). What do we say aside from something along the lines of we know it's technically/legally our fault but can you take some pity on us? I can't imagine that would wash?

Deanna, perhaps I'll see what he says tomorrow.

[Deleted User]

You can say the carpet hasn't been damaged. It is still there, it may need airing. You've complied with the requirment to have it cleaned - show invoice from cleaning company. Get statement from company saying they cleaned it to x standard. I am unsure how he can demonstrate a damp smell to the DPS, which will clear anyway. Especially with all this super hot weather we've been having.

Besides which if he says its new.., you need proof of that. You shouldn't be paying for betterment.., replacement of whole carpet for new when its had some use. His idea of replacing all carpet in a maisonette is also a bit of a stretch.., only stands if its all been 'damaged'. Yet to establish it has been.

I really do think this LL is trying it on.

Do you have evidence (photographic) of areas he says haven't been cleaned? Can you go back and clean them if they do look like they need it?

FBaby

No, the point in going to ADR is that you will get a third party deciding on what the damage loss amounts to and therefore what is reasonable for your landlord to claim. This can then be used when you take the cleaning firm to court. That doesn't mean that this is the amount you can claim from the company, but it is the minimum because it would be what you have lost.

You could come up to an agreement between your landlord and yourself, but it sounds like he is being unreasonable at this stage if he says that he wants the full amount to replace the carpets in every room, so this might be the best way to go. What you would say is that you agreed that the carpet was damaged as a result of the cleaning service but that you dispute that the cost of the damage, taking into account W&T amounts to £3,000 (even including some additional cleaning costs required because they didn't do a proper job in the first place).

The difficulty is that there are three of you, so all would have to agree. Are you the lead tenant, ie. the one whose name is stated with the deposit agency and therefore acting on behalf of the other two?

Slinky

It may have been nearly new when the tenancy was taken on, but the OP says they've been there 3 years so it's nowhere near new now whatever has happened to it in the cleaning process.

Marktheshark

I do not think you get it that taking the landlords side will result in the loss of all your deposit and provide a cut and shut case for county court.

You really need to get this "nice bloke" thing out of your head and start defending yourself, the landlord is going to have you over here and more than once.

[Deleted User]

Yep. All this points to a LL who is trying to claw back more of the deposit than he should be.

Again, how does one prove a damp smell. As tenants are constantly told when they complain of damp - open the windows!

FBaby

You can say the carpet hasn't been damaged.

Absolutely, but if the landlord gets some 'expect' opinion on the cost of the damage, then he will have more evidence to support his claim than OP by saying that 'he believes the carpet will be fine once dried'.

There is also the issue of the damage that was caused to the flat below.

Even if the carpets can dry it out, how long will this take and will there be a cost associated with try to speed up the progress? If the landlord can show that the flat couldn't be rented out for X weeks because of the requirement to wait for it to dry (can't imagine new tenants wanting to move in a place where carpets are all wet), then he has a claim of loss of rental, especially if he can show he had someone lined up and had now loss that business.

I don't think the landlord is trying it on. It sounds like they are trying to assess the cost of the damage before taking action which seems reasonable. If they are going to take the approach that they want to claim the cost of replacement, then yes, they will be trying it on, but the ADR will sort that out.

FBaby

Yep. All this points to a LL who is trying to claw back more of the deposit than he should be.

So you're a new tenant, visited a nice flat you look forward to moving in and agree on a date. Carpets not new, but no damage and expected to be in good/decent state after a good clean.

The date comes, you move in and find out that the carpet is still wet and it stinks of damp. Would you be happy? Wouldn't you be concerned as to whether it will indeed dry out properly without a residual smell? How long would be prepared to walk on wet carpet? I expect you would be very unhappy and expect financial compensation from the landlord.

So is it right that the landlord should be the one penalised financially for the failure of the cleaners especially when they recommended the use of another company?