Getting my deposit back

SmashedAvacado

So, looking at this with a slightly more sophisticated legal eye you could fail to comply with the clause and argue that the landlord has suffered no damage as a result of your breach and therefore is not entitled to make a deduction. On that basis you consider the deduction to be unlawful and you should complain on that basis.

AdrianC

helpneeded2014 wrote: »

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

<shrug> Such is your prerogative.

How do you plan to defend any claim?

SmashedAvacado

presumably no-one is going to court because we have a protected deposit here? So presumably the tenant can make a complaint on the basis that the landlord has suffered not loss from any breach alleged and claim back the full deposit on that basis.

SallyDucati

G_M wrote: »

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.

Fleas might not be apparent in the carpet until the dog moves out. One of my neighbours at my previous flat had a couple of tenants with a cat. No problems until they moved out and took the cat with them, then my neighbour got bitten to pieces. Honestly the poor guy even had bites on his face. The fleas were content with the poor cat - when it left they needed to find another food source.
What I'm basically saying is there can be fleas in a carpet without it being obvious.

helpneeded2014

SmashedAvacado wrote: »

So, looking at this with a slightly more sophisticated legal eye you could fail to comply with the clause and argue that the landlord has suffered no damage as a result of your breach and therefore is not entitled to make a deduction. On that basis you consider the deduction to be unlawful and you should complain on that basis.

Yes i have sent a letter asking for my deposit but got to wait 10 days then deposit scheme take over

helpneeded2014

SallyDucati wrote: »

Fleas might not be apparent in the carpet until the dog moves out. One of my neighbours at my previous flat had a couple of tenants with a cat. No problems until they moved out and took the cat with them, then my neighbour got bitten to pieces. Honestly the poor guy even had bites on his face. The fleas were content with the poor cat - when it left they needed to find another food source.
What I'm basically saying is there can be fleas in a carpet without it being obvious.

My dog does not have any fleas never has done.

Yalpsmol

Being a dog owner (short haired and not a heavy shedder) I dont have much doubt that a rental property after 5 years with a dog in it will need new carpets. The prior agreement was a reasonable measure and I think it was quite good of the landlord considering how hard it is to find someone who allows pets (especially dogs).

SmashedAvacado

but you're all missing the point that if the property does not in fact need repainting or need new carpets, the landlord suffers no loss. Of course, it might be that the OP is blind to the state of the carpets, but on the face of it, if they are fine, they are fine, and whilst there may be a contractual obligation to put new ones in, the landlord suffers no loss if the carpets are perfectly fine already.

pramsay13

The landlord will submit their deduction to the deposit protection scheme, if you disagree with the amount you can use the dispute resolution service.
You will both submit evidence, copy of lease agreement, photographs, videos etc. that back up your claim and someone will make a decision.
The adjudicator will probably be comfortable with needing to change the carpets because there has been a dog in the property for 5 years, so your argument will presumably be that getting a new carpet in now is betterment, and after 5 years the wear and tear on the carpet will mean it has £0 value.
The landlord will presumably argue that you have agreed to a new carpet (although not sure if an adjudicator will be comfortable with that) or that the lifespan of a normal carpet is up to 10 years meaning they can deduct half the value of the carpet.
Guidelines for new carpets are between 5 and 10 years, depending on the quality of the carpets originally.