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  • FIRST POST
    • northernirelandgirl
    • By northernirelandgirl 12th Feb 18, 2:22 PM
    • 11Posts
    • 3Thanks
    northernirelandgirl
    TDS deposit dispute
    • #1
    • 12th Feb 18, 2:22 PM
    TDS deposit dispute 12th Feb 18 at 2:22 PM
    Please delete
    Last edited by northernirelandgirl; 12-02-2018 at 3:22 PM.
Page 1
    • fishpond
    • By fishpond 12th Feb 18, 2:33 PM
    • 947 Posts
    • 525 Thanks
    fishpond
    • #2
    • 12th Feb 18, 2:33 PM
    • #2
    • 12th Feb 18, 2:33 PM
    Do you have an inventory, in particular the condition of the mattress?
    What do you expect the LL/next tenant, to do with this mattress?
    I am a LandLord, so there!
    • Pixie5740
    • By Pixie5740 12th Feb 18, 2:38 PM
    • 11,928 Posts
    • 16,795 Thanks
    Pixie5740
    • #3
    • 12th Feb 18, 2:38 PM
    • #3
    • 12th Feb 18, 2:38 PM
    Hi I recently moved house on inspection the landlord said she was happy with it and to request my money back. She text me over the weekend and said she had found damage to the bed (furnished house). The damage consisted of 2 broken slats and staining to the mattress which is a health related issue of mine but I did always use a mattress protector. My total deposit was £575.00 and the landlord wants to keep from this £400!!. Now I am happy to offer something however the mattress was in situ for several years and replacement slats are cheap. She wants to replace the whole bed frame. Is this a reasonable demand? I will also add that from October to January the upstairs heating in the upstairs didnít work even though I notified the landlord and still continued to pay full rent.
    Can anyone advice what to do I cannot afford a loss of £400.
    Originally posted by northernirelandgirl
    The heating is/was a separate issue from getting your deposit back. If the heating wasn't working there were steps you could have taken to escalate the matter to the local council but the full rent would still have been due.

    https://www.housingadviceni.org/advice-private-tenants/who-responsible-repairs

    Getting back to the deposit the landlord can deduct money for any damage you caused during the tenancy but she is not entitled to betterment. If you can't come to an agreement about how much should be deducted from your deposit raise a dispute with TDS.

    https://www.tdsnorthernireland.com/tools-and-guides/faqs/tenants/
    • saajan_12
    • By saajan_12 12th Feb 18, 4:18 PM
    • 1,207 Posts
    • 838 Thanks
    saajan_12
    • #4
    • 12th Feb 18, 4:18 PM
    • #4
    • 12th Feb 18, 4:18 PM
    Hi I recently moved house on inspection the landlord said she was happy with it and to request my money back. She text me over the weekend and said she had found damage to the bed (furnished house)- over the weekend sounds like it's soon enough after the tenancy end so no question over damages caused after tenancy ended. The 'inspection' report isn't necessarily binding. . The damage consisted of 2 broken slats - okay, were they broken when you started the tenancy? If not, your responsibility to pay to rectify. and staining to the mattress which is a health related issue of mine but I did always use a mattress protector- Evidently the protector wasn't sufficient, as the mattress was still stained. Stains are damage, not 'reasonable wear' so it's your responsibilty to get it cleaned / replaced (to a 2nd hand mattress, not new) . My total deposit was £575.00 and the landlord wants to keep from this £400!!. Now I am happy to offer something however the mattress was in situ for several years and replacement slats are cheap. She wants to replace the whole bed frame. Is this a reasonable demand? - if cheaper than the replacement parts + labour I will also add that from October to January the upstairs heating in the upstairs didn!!!8217;t work even though I notified the landlord and still continued to pay full rent. - Heating issues do happen, the LL should have been working on a repair in a reasonable timeframe, however either way this is now irrelevant
    Can anyone advice what to do I cannot afford a loss of £400.- affordability aside, you will lose the reasonable amount to rectify damages. However if the LL is overclaiming, you can claim through the deposit scheme / court to get back the balance.
    Originally posted by northernirelandgirl
    Check
    1) whether slats were already broken before your tenancy started
    2) cost of replacing slats + labour
    3) cost of replacing mattress with a 2nd hand, unstained mattress

    If the total is less than £400, dispute the deduction through teh deposit scheme and provide your evidence of 1,2,3 above. If the deposit is not protected or the LL refuses ADR, then file a Money Claim Online for the same and come back here about the non protection penalty.
    • G_M
    • By G_M 12th Feb 18, 4:27 PM
    • 43,794 Posts
    • 51,763 Thanks
    G_M
    • #5
    • 12th Feb 18, 4:27 PM
    • #5
    • 12th Feb 18, 4:27 PM
    Unusually I disagree slightly with sajaan_12 above. A 2nd hand matttress is very cheap, and even if visibly 'unstained' it's impossible to compare its condition with the original.

    A mattress typically lasts about 8 years. How old is this mattress?

    If, say, 4 years old, the landlord can claim 50% of the cost of a new replacement mattress of a similar size, quality etc.
    • saajan_12
    • By saajan_12 12th Feb 18, 5:10 PM
    • 1,207 Posts
    • 838 Thanks
    saajan_12
    • #6
    • 12th Feb 18, 5:10 PM
    • #6
    • 12th Feb 18, 5:10 PM
    Unusually I disagree slightly with sajaan_12 above. A 2nd hand matttress is very cheap, and even if visibly 'unstained' it's impossible to compare its condition with the original.

    A mattress typically lasts about 8 years. How old is this mattress?

    If, say, 4 years old, the landlord can claim 50% of the cost of a new replacement mattress of a similar size, quality etc.
    Originally posted by G_M
    Reassuring to think we usually agree

    In this case, yes, a % reduction for the lost useful life of the mattress is also a reasonable approximation.
    PRO: assumptions e.g. cost of new mattress, 'age' of mattress in situ are easily verifiable
    CON: useful life is debatable; no allowance for an older mattress kept in great condition or a newish mattress that was treated badly by a previous occupant.

    Taking the cost of a 2nd hand unstained mattress which is otherwise comparable to the OP's means
    PRO: takes into account actual condition at start of OP's tenancy and can deduct reasonable wear & tear
    CON: relatively few 2nd hand mattresses on the market, even less in the same condition as OP's so can be hard to get the 'correct' price

    All in, not an exact science so I think either could be justified, upto arbitrator / judge's discretion.
    • G_M
    • By G_M 12th Feb 18, 9:36 PM
    • 43,794 Posts
    • 51,763 Thanks
    G_M
    • #7
    • 12th Feb 18, 9:36 PM
    • #7
    • 12th Feb 18, 9:36 PM
    ......
    CON: useful life is debatable; no allowance for an older mattress kept in great condition or a newish mattress that was treated badly by a previous occupant.

    ......
    Originally posted by saajan_12
    Reminds me of a mattress warranty I came across last year when I was looking for a new one.

    It was a high-end mattress with a 5 year warrranty. However the warranty would be invalidated if the mattress was usd for any purpose other than sleeping.

    .............
    • saajan_12
    • By saajan_12 13th Feb 18, 8:22 AM
    • 1,207 Posts
    • 838 Thanks
    saajan_12
    • #8
    • 13th Feb 18, 8:22 AM
    • #8
    • 13th Feb 18, 8:22 AM
    Reminds me of a mattress warranty I came across last year when I was looking for a new one.

    It was a high-end mattress with a 5 year warrranty. However the warranty would be invalidated if the mattress was usd for any purpose other than sleeping.

    .............
    Originally posted by G_M
    reading in bed.. heard it's a terrible practice by vandals alone.
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