Old Tenancy, New Carpet...

Janets_Daughter

Good Afternoon All,

I wonder if I can pick your brains...

I am having a little bit of trouble with my ex landlord because he is attempting to withhold part of my deposit, £175 out of £685, as he wants to replace the living room carpet. It's worth pointing out that the carpet was taken up by the previous tenants, kept in the basement and just put back on the floor. Not fitted, just laid back down loose.

The carpet is old and smelly, so I did not want to make use of it and after discussing it with the landlord I agreed to roll it up and store it carefully in the basement. Which I did.

Upon leaving I laid the carpet out, as it had been when I arrived, and cleaned it. When the landlord came to inspect (in my absence. He cancelled our scheduled check out) he texted me to say that the carpet is "creased" he estimates that it will cost £100 for brand new carpet and £75 to fit it, he states that I should "make him an offer"

There is no damage to the carpet that wasn't there before and it wasn't fitted when I moved it, can he do this? No inventory was taken.

I have raised a dispute with My Deposit and I am in the process of collating evidence, I took a video on the day I received the keys and on the last day of my tenancy. Is there anything that I have missed?

Many thanks

FBaby

Old carpet? No inventory? I'll be lucky to get £20 if it went to the adr. If he is asking for full replacement, he is clearly clueless of the process.

The onus will be on him to evidence is claim, not you, so do nothing but point out what you've said here, it should be enough for you to get your full deposit back.

Janets_Daughter

I did respond that the carpet was old and wasn't fitted, so no way was I making him an offer.

He simply replied that "when I was ready to to make a reasonable offer I should get back to him" and that he has "hundreds of photos"

I left the property far better than I received it, so I'm not in the mood for making offers.

FBaby

Just make sure you follow the dispute process properly with My Deposit. You've tried to resolve the matter between yourself and it's gone nowhere so it sounds like it's time for both you to agree to go to the arbitration process, but to do that, you need to make sure you've ticked all the boxes with My Deposit. The process can normally be triggered by either party, so he might just be waiting for you to take action.

Janets_Daughter

I triggered it after his response.

He has been so difficult since I handed in my notice and I knew he wouldn't be able to resist one last bit of drama!

theartfullodger

Had he protected your deposit & served you "the prescribed information" within 30 days of you paying deposit? If not you may be entitled to some money.

Janets_Daughter

He did eventually, but it was more than 30 days...

He's being a pain, but all I want is what I paid him. However, nothing is ever simple it seems.

parkrunner

theartfullodger wrote: »

Had he protected your deposit & served you "the prescribed information" within 30 days of you paying deposit? If not you may be entitled to some money.

Janets_Daughter wrote: »

He did eventually, but it was more than 30 days...

He's being a pain, but all I want is what I paid him. However, nothing is ever simple it seems.

Would appear you have him over a barrel then.

thelem

How long were you in the property for? It sounds like it was a pretty tired carpet to begin with, and you would expect it to deteriorate further during your tenancy just through fair wear and tear. It must be pretty poor for two tenants in a row to decide they would rather it was in the basement than use it.

Janets_Daughter

It was a six month tenancy, but I only lived there for four months. I paid up fully though and it was an extremely tired carpet, that's why I nearly choked when I read his text regarding a replacement!

FBaby

You mean you stayed 4 months but paid up 6?