Rent Deposit Dispute

jbrooks91

Hey all,

I've quickly searched through these forums but couldn't see anything at a very quick glance, sorry if I've just been blind.

I've read up a lot on the procedures about disputing a claim of damage from the landlord, what I can't find is where the burden of proof falls?

My ex-landlord is claiming he had to get the carpets professionally cleaned after we moved out. What I'm wondering is, does he have to prove that the carpets needed the clean, or do we have to prove they didn't?

Obviously the last thing on our minds when we moved out was to take a photo of the floors.

He's also claiming that we marked and damaged the walls, but written in our contract was that walls were previosuly marked so I guess this will be less of a battle.

Thanks in advance for any advice!!

fishpond

Why is it a battle?
Either you didn't clean the carpets to a professional standard or you did.
Either you damaged the walls, or you didn't.
The inventory combined with the checkout, will give a better picture.

dimbo61

No such thing as professional carpet cleaner !
Did you clean the carpets before you left ?
How long did you live at the property ?
Did the Landlord provide an inventory which you signed when you moved in ?

NeilCr

Is your deposit in a tenancy deposit scheme?

https://www.citizensadvice.org.uk/housing/renting-a-home/tenancy-deposit-schemes-overview/

Arleen

Both parties have to prove their case, and while the burden of proof is always on the claiming side, all they need is a photo of the carpet in a state that needed cleaning.That is why when you move in you take a photo shoot of the place (that is why cell phones have cameras) and another one when moving out. If you didn't do it then you are asking for trouble.

Generally speaking, as we don't have your contract, you must return the place in the shape you got it. So if you've moved into a "professionally cleaned" one, you must also bring it to the same level of cleanliness when moving out.

As for the wall marks, this again depends on what exactly happened to them. Some markings and scratches to the wall are just normal wear and tear. Damage from moving furniture or juggling hammers in the house generally isn't.

jbrooks91

We took photos when we moved in, but I totally forgot to take similar photos when I moved out.

The landlord has paid £600 to get the whole carpet cleaned after we left. He also did not take photos before this was carried out, so neither side has proof that they did or didn't need cleaning.

There were no juggling hammers, I assure you. From the wording we have recieved in emails it sounds exactly like the marks that are mentioned in the contract so I'm not too worried about that.

Arleen

You didn't really answer the previous questions, so I assume you didn't clean the carpet? Was the carpet cleaned before you moved in? What does your contract say about cleaning on move out?

jbrooks91

Carpet was not professionally cleaned no, but it was also not done before we moved in either. The contract does not state that it needed doing before we moved out, nor that it was done for us moving in.
(We did not spill any red wine etc which is what i guess this is implying, Nothing more than what you would expect of average "wear & tear").

We are disputing the walls being damaged and marked, as they were not damaged by us (and the landlord seems to be refusing to provide evidence)
We are disputing that 600 pounds to clean the carpet was necessary.
Only 3 small rooms actually had carpets, and it would have been cheaper than that to get new carpets laid.

Money_maker

£600! Have you actually seen a copy of the invoice from the 'professional carpet cleaners?'

Pixie5740

Well if rather than a quick glance through the forum you'd read the many, many threads about deposit disputes you would know that the landlord doesn't have to prove that she had the carpets cleaned after you moved out. She doesn't even need to have the carpets cleaned in order to make a deduction from your deposit. What your landlord needs to prove is that you left the property in worse condition than it was in at the start of your tenancy, minus any fair wear & tear, in order to make any deductions.

If you dispute any of the proposed deductions and cannot come to an agreement with your landlord then use the deposit scheme's arbitration service....it's what it's for!

See Deposits for further information.

PheoUK

Also how old are the carpets? This has a bearing as if they are very old they may be fully depreciated, and therefore considered worn out. More on that on the landlord law blog.

Provide your photos of condition before you moved in, ask them to provide proof they needed cleaning (photos before), and photos after plus the invoice, via the adjudication service.