Getting my deposit back

helpneeded2014

Hi on my tenancy agreement it says this below so they won't give us a deposit back but i think it's unfair reasons nothing wrong with carpets or paint and we have lived here 5 years and they have never done anything.

Anyone know if i can do anything.


special letting terms

tenants mr & mrs agree to re-paint any dog damaged doors with dulux satin white
Also regardless of dog damage to replace all carpets with gala carpets throughout in brown and arrage and pay for them to be fitted by a reputable fitter approved by the (ladlady)

sal_III

Seems to me that you agreed to pay for new carpets at the end of the tenancy. Presumably because the LL has made an exception/provision and allowed you to have a dog in the property.

By the looks of it LL is entitled to withhold a portion of the deposit to pay for that, but still needs to refund you the rest, if there is no other issues.

need_an_answer

You agreed to a clause that contained the word "regardless"....

Yes with hindsight you feel its not necessary however it would appear that in signing the tenancy agreement you were clearly signing for that specific clause to be included...and at that time were in agreement with it.

G_M

Dogs leave carpets smelling. And potentially with fleas.


Yes, yes - I know. Your dogs don't smell and they don't have fleas, but dog-owners can never really smell their own dogs as they become so accustomed to the smell. And how does the LL know there are no fleas? Thelast thing he wants is the next tenant complaining he's getting bitten!


Hence, I imagine, the LL added this clause in return for permitting you to have a dog. Common sense.

AdrianC

helpneeded2014 wrote: »

Hi on my tenancy agreement it says this below so they won't give us a deposit back but i think it's unfair reasons nothing wrong with carpets or paint

So what reasons are they giving for withholding the deposit?

and we have lived here 5 years and they have never done anything.

They've provided you with a home for five years, in exchange for your rent.

Anyone know if i can do anything.

Have you moved out yet?

special letting terms

tenants mr & mrs agree to re-paint any dog damaged doors with dulux satin white

So how many doors has your dog damaged?

A day, fifteen quid on a tin of paint, and another fiver on brush and sandpaper. Get to it!

Also regardless of dog damage to replace all carpets with gala carpets throughout in brown and arrage and pay for them to be fitted by a reputable fitter approved by the (ladlady)

If you don't like being held to it now, you shouldn't have agreed to it back then. Some kind of sliding reduction for wear and betterment would have been a smart addition, wouldn't it? But...

helpneeded2014

AdrianC wrote: »

So what reasons are they giving for withholding the deposit?


They've provided you with a home for five years, in exchange for your rent.


Have you moved out yet?


So how many doors has your dog damaged?

A day, fifteen quid on a tin of paint, and another fiver on brush and sandpaper. Get to it!


If you don't like being held to it now, you shouldn't have agreed to it back then. Some kind of sliding reduction for wear and betterment would have been a smart addition, wouldn't it? But...

Dogs done no damage and the big mistake they made was giving me a reference a few months ago saying how well we had looked after the house and you would not know a dog lived here.

need_an_answer

helpneeded2014 wrote: »

Dogs done no damage and the big mistake they made was giving me a reference a few months ago saying how well we had looked after the house and you would not know a dog lived here.

however there is still a perfectly enforceable clause in the original contract that you signed....

Haver you asked for your deposit back?
What was your LL's response to that request?

parkrunner

Why did you sign an agreement that you clearly disagreed with?

AdrianC

helpneeded2014 wrote: »

Dogs done no damage

Then you won't have to repaint any doors.

and the big mistake they made was giving me a reference a few months ago saying how well we had looked after the house and you would not know a dog lived here.

Well, perhaps - but if you don't go with the carpet replacement that you agreed to, then they can deduct that cost from your deposit perfectly legitimately - and launch a court claim for any cost above your deposit.

If you didn't like it, why did you agree to it?

PauloB

helpneeded2014 wrote: »

Dogs done no damage and the big mistake they made was giving me a reference a few months ago saying how well we had looked after the house and you would not know a dog lived here.

I would suggest that you put it to your landlady that you arrange to have the carpets professionally cleaned (by someone she approves of) in lieu of fully replacing the carpets.

Because of the terms you agreed to she doesn't have to agree but it seems a reasonable compromise to me with less financial outlay on your part, your deposit returned and clean carpets for her.

helpneeded2014

need_an_answer wrote: »

however there is still a perfectly enforceable clause in the original contract that you signed....

Haver you asked for your deposit back?
What was your LL's response to that request?

yes i asked they said no so will see them in court