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Moving out of our rented house in a couple of weeks so landlord popped round to inspect the place.

As a result the landlord is claiming we damaged the carpet by allowing sparks from the open fire to burn it. We know for a fact that the damage was there BEFORE we moved in and took the precaution of putting a rug over the carpet. We have done our best to look after the place which is even more disgruntling knowing they are trying to rip us off.

I had a feeling the landlord would try and scam us so I took the precaution of cancelling the standing order for the rent which is equal to the bond.

So, the question is. What recourse has the landlord got? I estimate it would cost around £100.00 to fix the carpet.

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tell him to prove it...

Does he have inventory list stating carpets in good condition?

And he can only charge you for making good damage not betterment. If it's an old carpet and you've not got a fireguard provided then he's being a swine.

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Moving out of our rented house in a couple of weeks so landlord popped round to inspect the place.

As a result the landlord is claiming we damaged the carpet by allowing sparks from the open fire to burn it. We know for a fact that the damage was there BEFORE we moved in and took the precaution of putting a rug over the carpet. We have done our best to look after the place which is even more disgruntling knowing they are trying to rip us off.

I had a feeling the landlord would try and scam us so I took the precaution of cancelling the standing order for the rent which is equal to the bond.

So, the question is. What recourse has the landlord got? I estimate it would cost around £100.00 to fix the carpet.

None, he can resort to the small claims court, just make damn sure you defend it and don't let him get a default judgement. In court you'd probably win, they know that far too many LLs have a history of erroneously thinking that tenant's deposits are a free refurbishment fund for them.

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tell him to prove it...

Does he have inventory list stating carpets in good condition?

And he can only charge you for making good damage not betterment. If it's an old carpet and you've not got a fireguard provided then he's being a swine.

I did tell him today to prove it, he came back with 'my cleaner will vouch for the damage'.

The state of the carpets was never discussed, nor has it been included in any document.

He is asking me to make good the damage and we do have a fireguard provided the carpet is oldish and had burns on it from previous tenants before.

He isn't going to get a penny but I would like to understand the process if he wants to play hard ball, and he isn't going to get my forwarding address.

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None, he can resort to the small claims court, just make damn sure you defend it and don't let him get a default judgement. In court you'd probably win, they know that far too many LLs have a history of erroneously thinking that tenant's deposits are a free refurbishment fund for them.

Which is why I have witheld the last months rent which is equal to the bond.

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I assume that there is no inventory list which is why you can not prove that the burns were not caused by you. So long as you never signed anything to state that all was in good order then the landlord can not prove that the damage was caused by you either. As to costs, I don't think that one can work out the cost of repair but have to look at the carpet for the whole room. The cost of the carpet has to be reduced according to its age because of wear and tear so a carpet of around 8-10 years old would be worthless and should cost you nothing.

Is this a privat landlord or through an ea?

I am interested in the implications of cancelling the standing order and with holding the final rent just in case. Can there be any impact on ones credit history? can debt collectors/courtsetc end up involved?

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Moving out of our rented house in a couple of weeks so landlord popped round to inspect the place.

As a result the landlord is claiming we damaged the carpet by allowing sparks from the open fire to burn it. We know for a fact that the damage was there BEFORE we moved in and took the precaution of putting a rug over the carpet. We have done our best to look after the place which is even more disgruntling knowing they are trying to rip us off.

I had a feeling the landlord would try and scam us so I took the precaution of cancelling the standing order for the rent which is equal to the bond.

So, the question is. What recourse has the landlord got? I estimate it would cost around £100.00 to fix the carpet.

Your defence is fair wear and tear. The landlord has to prove that this damage would not have occurred in the normal use within the terms of the tenancy.

In any event the landlord is not entitled to betterment - i.e. any claim he makes against you has to replace like with like - he is not permitted to replace new for old (this is betterment).

Basically, he's wasting his time.

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http://england.shelter.org.uk/get_advice/p..._deposits_cover

What counts as normal 'wear and tear'?

Your landlord cannot keep your deposit because of general wear and tear to the condition of the property. For example, if the carpet gets a bit worn out, it's probably wear and tear, but if you burn a hole in it, it's not.

What if I owe the landlord rent?

If you still owe rent when you leave, your landlord is entitled to deduct this from your deposit. If you owe more than the value of your deposit your landlord can take you to court to get the rest of the money back.

If you are thinking of withholding the last month's rent in case the landlord refuses to return the deposit, bear in mind that you are legally liable to pay rent and your landlord could take you to court to recover it.

If you do withhold the last month's rent, make sure your landlord would have no other claim to your deposit. Repair any damage that may have occurred and be sure to keep records to show the condition you leave the property in and anything you have paid for such as cleaning. Keep the money in a separate bank account in case your landlord does try to claim it back.

I'd take my chances.

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I assume that there is no inventory list which is why you can not prove that the burns were not caused by you. So long as you never signed anything to state that all was in good order then the landlord can not prove that the damage was caused by you either. As to costs, I don't think that one can work out the cost of repair but have to look at the carpet for the whole room. The cost of the carpet has to be reduced according to its age because of wear and tear so a carpet of around 8-10 years old would be worthless and should cost you nothing.

Is this a privat landlord or through an ea?

I am interested in the implications of cancelling the standing order and with holding the final rent just in case. Can there be any impact on ones credit history? can debt collectors/courtsetc end up involved?

This has been sensible standard practice in the past. I certainly always deployed this tactic as a student. It was fine, the LL could come after you through the small claims court if they could be ar5ed, even if you get a judgement against you in court it's still okay provided you pay it quickly enough, it will not adversely affect your credit record. If it does end up on their you can get a certificate from the court and demand the reference agency removes it.

Edit to add: Courts will most likely look less favourably on witholding rent since some new scheme where the deposit is held by a third party.

Edited by Soon Not a Chain Retailer

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Floorboards, prawns, anchovies, radiators, tuna, carpet. :P

If it gets to the point of out and out warfare, smear faeces on the underside of random handles in the house. :ph34r:

In reality, it won't go anywhere on his part for such a small amount. He's trying it on for money. ;)

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I would take pics of your next place (every square inch) ... but take one of these marks and then write the next lot of tenants a letter giving them a photo of the marks and explain that the landlord has tried charging you for them. Some landlords claim repair costs and don't do the repairs then claim again off the next tenants...

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I assume that there is no inventory list which is why you can not prove that the burns were not caused by you. So long as you never signed anything to state that all was in good order then the landlord can not prove that the damage was caused by you either. As to costs, I don't think that one can work out the cost of repair but have to look at the carpet for the whole room. The cost of the carpet has to be reduced according to its age because of wear and tear so a carpet of around 8-10 years old would be worthless and should cost you nothing.

Is this a privat landlord or through an ea?

I am interested in the implications of cancelling the standing order and with holding the final rent just in case. Can there be any impact on ones credit history? can debt collectors/courtsetc end up involved?

Private landlord.

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This has been sensible standard practice in the past. I certainly always deployed this tactic as a student. It was fine, the LL could come after you through the small claims court if they could be ar5ed, even if you get a judgement against you in court it's still okay provided you pay it quickly enough, it will not adversely affect your credit record. If it does end up on their you can get a certificate from the court and demand the reference agency removes it.

The county court will automatically register any judgement 30 days after judgement if more than £10 of the judgement debt remains outstanding.

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I think you should pay the last month's rent and if he withholds the deposist you should challenge him through the TDS or courts. It isn't fair but you will be in the wrtong by not paying.

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Let him sue if he's daft enough and lose if he does.

Landlords like to make big noises, but every one I've dealt with has rolled over.

You aren't going to get a reference off him either way, so it doesn't make much difference.

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More information from the original poster, please. Isn't your deposit protected by a TDS scheme, meaning that any deductions need to be verified by an independent third party?

Well done for having the nerve to withold rent, but was it really necessary?

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The landlord has no chance whatsoever if there was no inventory or video or photographic evidence.

If the deposit is held in TDS then they won't even consider his case without evidence and so there would be no need to withhold the rent and doing so might affect your credit rating.

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