Tenancy Deposit help please (further update as landlord now wants more money)

folkestonelisa

There has need a further updat this morning. The landlord requires now an additional £500 for replacement of the carpet and cleaning of the carpet


""
- damage to lounge carpet £285.00
- fumigation of the carpets (Clause 2(23) of your agreements) £174.00 (inc. VAT)
- batteries removed from smoke alarms (Special Tenancy Conditions Clause 5.5 of your agreement) £3.80
- removal of self adhesive hooks (Clause 2(8) of your agreement);
- 2 in the lounge wall adjacent to the door. Cost to repair £35
- 1 in hall above the thermostat. Cost to repair £15
- 2 in the bathroom (1 by the towel radiator and 1 adjacent to the shower), Cost to repair £55
- 2 in the master bedroom on the wall adjacent to the door. Cost to repair £42.50
- professional oven clean £40

Regretfully you have forced my hand on this, so there is now a shortfall in your deposit of £497.92. Please can you forward this into the same account that you made your rental payments within 14 days, thus negating any further legal action I may wish to take to recover this money'


Is he allowed to do this? When it wasn't noted previously?

folkestonelisa

There is an email advising that he will waiver the terms in their agreement due to fumigation as he replacing the carpets.

maninthestreet

Fumigation?? Was there some sort of insect infestation, e.g fleas??

folkestonelisa

They had guinea pigs, agreed with the landlord.

Fish&Chips

The LL is seeking "betterment" in regard to the carpet ie. not taking into account fair wear and tear but basically installing a new carpet and expecting your friends to pay for the whole cost of it. This is explicitly frowned on by the deposit holding companies.

When your friends raise the official dispute get them to insert the word "betterment" when they comment about the carpets. Was the carpet brand new when they moved in? How long did they live there for? what was the quality of the carpet....wool or man made fibers? All carpets have an assumed "life span" eg. How many years they should last for, with a light traffic area such as a bedroom generally having a shorter life span. The deposit dispute services take this into account.

My daughter's former LL tried to claim £450 for a new carpet recently when she moved out. She admitted to the LL that she had knocked a tea light over and it melted a tiny portion of the carpet (which was at least 5 years old). Originally the LL was fine about it but then at the check out the LL then claimed the £450 for a new carpet.

I advised my daughter to dispute it.....and the DPS only subjected her total deduction to be £30

G_M

I don't see how this latest development changes the advice.

If the tenants believe the deposit deductions are fair (perhaps because they agree guinae pigs make fumigation justifiable to bring the carpets back to the condition they were in pre-tenancy), then they agree to the deduction.

If not, they challenge the deduction - so return to post 2 above and follow the link.

folkestonelisa

Your expert advice GM is much appreciated :T

If the landlord doesn't respond to the TDS, I have a gut feeling that he won't, would their only option be to wait for court action?

dacouch

Who performed the check in and check out, was it a professional company or was it the landlord?

folkestonelisa

dacouch wrote: »

Who performed the check in and check out, was it a professional company or was it the landlord?

It was the landlord on both occasions.

""They have received another emai this afternoonI refer you to;
a) the terms and conditions within your tenancy agreement
b) the email to you dated 13 October 2016
c) the typed and photographed inventory report as emailed on 17 November 2016.

The quotations have been provided by professionals to repair and remedy the damage done by yourselves to the property. Please note that these quotations do not constitute any replacements whatsoever.

Concerning the cleaning, I re-iterate the original note to you be email below, and confirm that a professional receipt will be sent to you both directly:
"remedial professional clean £165.00 (note this is based on an 11 hour estimate following their visit - if it takes less then you will obviously be charged less and only for the hours that the cleaner is at the property)".

Please can you provide confirmation when you will be settling the outstanding monies due.''

It sort of contradicts itself as the cupboard door and blinds and worktop will be new.

Also on their checkout inventory there is no mention about the self adhesive hooks that he wishes to charge them for.

martindow

It is best not to reply to the LL's messages as this is futile. Deal directly with the scheme disputing anything you disagree with and let them adjudicate.