marzipan Posted September 28, 2005 Share Posted September 28, 2005 I moved out of a property one month ago. The landlord is withholding part of my deposit to pay for cleaning the carpets through the property. He also tried to charge me for other things, until he was advised that they can be put down to normal wear and tear. There were already stains on the carpets before I moved in, which is noted in the original inventory report, so I can't understand why the landlord insists on charging me for it. I have already explained that I will recover the money through the courts if he doesn't return it to me, but he doesn't seem to mind. I wondered if anyone has had similar problems and what the outcome was? I have been trying to get my deposit for a month so far - what chances do I have of getting any interest or compensation for time and trouble? Also, I wondered if there was any official organisation I could report him to for trying to rip me off and making the whole deposit return process much longer and more difficult than necessary, like a landlord 'blacklist'. name and shame!! Quote Link to comment Share on other sites More sharing options...
Salsa Posted September 28, 2005 Share Posted September 28, 2005 I moved out of a property one month ago. The landlord is withholding part of my deposit to pay for cleaning the carpets through the property. He also tried to charge me for other things, until he was advised that they can be put down to normal wear and tear. There were already stains on the carpets before I moved in, which is noted in the original inventory report, so I can't understand why the landlord insists on charging me for it.I have already explained that I will recover the money through the courts if he doesn't return it to me, but he doesn't seem to mind. I wondered if anyone has had similar problems and what the outcome was? I have been trying to get my deposit for a month so far - what chances do I have of getting any interest or compensation for time and trouble? Also, I wondered if there was any official organisation I could report him to for trying to rip me off and making the whole deposit return process much longer and more difficult than necessary, like a landlord 'blacklist'. name and shame!! I had exactly the same problem, stained carpets on the inventory and all! I ended up agreeing to pay half the cleaning costs, which was about £120 as I needed the money for the next property. If you can wait and you would take it to court, your best chance would be photographic evidence. If you don't have that you may find things quite tough. I would suggest making an offer of what you are prepared to pay for first, and then if it does go to court, you will be looked upon favourably. Do you know how much money he would try and withhold? If it is extortionate (sp?) you may have a good claim in court. If it's moderate again you would find things a lot more difficult. More info please..... Quote Link to comment Share on other sites More sharing options...
marzipan Posted September 29, 2005 Author Share Posted September 29, 2005 I have asked the landlord for access to the property to get photographic evidence. He refused, saying this would 'inconvenience his new tenants'!! It wasn't like that when we lived there, I can assure you! I might give him one last chance to pay the debt, then I will take it to court. I've warned him several times that this will happen but he doesn't take it seriously. Perhaps he will think differently when he gets a court summons. Quote Link to comment Share on other sites More sharing options...
europbaron Posted September 29, 2005 Share Posted September 29, 2005 I have asked the landlord for access to the property to get photographic evidence. He refused, saying this would 'inconvenience his new tenants'!! It wasn't like that when we lived there, I can assure you!I might give him one last chance to pay the debt, then I will take it to court. I've warned him several times that this will happen but he doesn't take it seriously. Perhaps he will think differently when he gets a court summons. Has he a receipt for the carpet cleaning? If it's not already done he's a bit late to claim that it needs doing considering he has new tenants. Quote Link to comment Share on other sites More sharing options...
marzipan Posted September 30, 2005 Author Share Posted September 30, 2005 Has he a receipt for the carpet cleaning? If it's not already done he's a bit late to claim that it needs doing considering he has new tenants. he hasn't produced any receipt. he also charged the previous tenant for a hole in the kitchen floor. I don't know if there was any dispute over this, but he never repaired it. I have even had confirmation from the letting agent that they had told the landlord his claim might not be valid because the carpets were not professionally cleaned before we moved in. in my opinion this amounts to common theft. he doesn't care about the condition of the property, he just fells that he is entitled to take money from me. I will post details of the court case on this board once it is all settled Quote Link to comment Share on other sites More sharing options...
marzipan Posted October 28, 2005 Author Share Posted October 28, 2005 Just in case anyones interested, this matter is now resolved. I had already informed him twice by email that I would take him to court and he seemed to think it was some kind of joke. So I sent him a letter (though it would look better to the court if I did that first) explaining in plain english why he could not charge me for cleaning his carpets, including copies of the inventory reports that proved the property was not professionally cleaned before I moved in. A few days ago I got a cheque in the post. I'm actually quite disappointed that I can't take him to court now. The evidence was overwhelmingly in my favour and he would have had to pay a lot more in fees and compensation. Oh, and don't waste your time contacting Citizens advice for help. They replied three weeks later saying that I had probably stained the carpet and not realised. So much for tenants rights. Quote Link to comment Share on other sites More sharing options...
non-FTBer Posted October 31, 2005 Share Posted October 31, 2005 (edited) If this happens again send him a copy of the OFT guidelines. That should explain exactly what will and won't be tolerated if it reaches court.... although from my experience of magistrates they don't know one hole from another :-) Edited October 31, 2005 by non-FTBer Quote Link to comment Share on other sites More sharing options...
Helen Posted November 9, 2005 Share Posted November 9, 2005 Hi, I am having a similar issue/problem that I would appreciate some advice on. I have given notice on the house I rent and have been sent a list from the Lettting Agents of what I must do before they will return the deposit. This includes: Having all carpets professionally cleaned Garden must be 'weed free' All marks on walls must be removed and all nails/picture hooks removed, filled and painted over to match exactly. When I moved in, I completed an inventory and included such things that there were marks on the carpets (which hadn't been professionally cleaned), there were lots of picture hooks etc. I raised this with them, and they still insist that my deposit will not be returned in full until I have done everything on the list. I am concerned as they have nearly £800 of my money which I need back!! Any advice on whether I should just give in and do all they want would be appreciated! With thanks Helen Quote Link to comment Share on other sites More sharing options...
Mr Crunch Posted November 9, 2005 Share Posted November 9, 2005 Any advice on whether I should just give in and do all they want would be appreciated! With thanks Helen Definitely not, tell them you will return it in the same condition as you received it minus fair wear and tear, (do everything in writing, keep copies, use recorded delivery) If they don't refund use money claim online. Quote Link to comment Share on other sites More sharing options...
Helen Posted November 9, 2005 Share Posted November 9, 2005 Hi, Thanks for your reply. do you know what would be classified as fair wear and tear after being in the property for two and a half years? With thanks Helen Quote Link to comment Share on other sites More sharing options...
Goat Posted November 9, 2005 Share Posted November 9, 2005 (edited) Any advice on whether I should just give in and do all they want would be appreciated! With thanks Helen You are only required to hand back the property in the same state which it was received; if the agents claim otherwise (and they might if it is in the contract) refer them back to the OFT publication "unfair terms in tennancy agreements" (OFT356). If they still persist threaten to refer them to your local trading standards office. It might also be a good idea to look through your agreement and see if any other terms are unfair. What constitutes fair wear and tear will always be open to debate however I would suggest that any substantial new stains on carpets go beyond this. Edit: actually, I would suggest that you report them to trading standards anyway (although you might want to do this on the QT), if they are trying to screw you like this then they are no doubt doing it to everyone else. Edited November 9, 2005 by Young Goat Quote Link to comment Share on other sites More sharing options...
Helen Posted November 9, 2005 Share Posted November 9, 2005 hi, thanks for advice - very useful indeed! I know other peopl have problems with this particular agent - a friend had to take them to the small claims court before they'd had over deposit! To save too many probs I'm going to have carpets cleaned professionally - quite a reasonable cost so thought it would be good idea and will be worth it if they hand back my money! - am sure agents will find something else to complain about though! am very glad i shan't be dealing with them again!!! Helen Quote Link to comment Share on other sites More sharing options...
Bankrupt Idiot Posted November 9, 2005 Share Posted November 9, 2005 hi, thanks for advice - very useful indeed! I know other peopl have problems with this particular agent - a friend had to take them to the small claims court before they'd had over deposit! To save too many probs I'm going to have carpets cleaned professionally - quite a reasonable cost so thought it would be good idea and will be worth it if they hand back my money! - am sure agents will find something else to complain about though! am very glad i shan't be dealing with them again!!! Helen Hi Helen. I am in the same position as you. The land lord never proffessionally cleaned my carpets before I moved in. They were still damp and the house stank for 6 weeks. I am refusing to clean them except by my own hand. I intend to give the house one hell of a clean though. The garden in the property that I rent was unkept and this was noted in the inventory. The only question I have for other forum members. This is a bit cheeky but my Fiancee dropped the iron on the spare bedrooms carpet as well as a little with of slap. This will obvioulsy not come out. All the other rooms have a comment saying they have carpets in good condition, but this room as no carpet specified let alone the condition. Would I be able to argue the fact that the damage was already on the carpet. Incidently the area in question is under the bed. Quote Link to comment Share on other sites More sharing options...
MrShed Posted November 10, 2005 Share Posted November 10, 2005 (edited) Bankrupt Idiot: You know that you CAN try and argue this, whether it works is entirely up to your agent/landlord! Cant really say much more than that! It is a little bit sly however! All I will say is that the agent/LL must prove the condition of the carpet prior to you moving in if you pushed it and took it to court, and the inventory is obviously lax in this particular area and so it may be difficult for them to do. Edited November 10, 2005 by MrShed Quote Link to comment Share on other sites More sharing options...
newaccount99 Posted November 17, 2005 Share Posted November 17, 2005 Hi Helen. I am in the same position as you. The land lord never proffessionally cleaned my carpets before I moved in. They were still damp and the house stank for 6 weeks. I am refusing to clean them except by my own hand. I intend to give the house one hell of a clean though. The garden in the property that I rent was unkept and this was noted in the inventory. The only question I have for other forum members. This is a bit cheeky but my Fiancee dropped the iron on the spare bedrooms carpet as well as a little with of slap. This will obvioulsy not come out. All the other rooms have a comment saying they have carpets in good condition, but this room as no carpet specified let alone the condition. Would I be able to argue the fact that the damage was already on the carpet. Incidently the area in question is under the bed. I am finding myself in a similar situation. The carpets where damp when I moved in...after several days they dried out and looked in poor condition. The check-in inventory said "carpets professionally cleaned" proffessional my ar*e....I am now being stung for a bill for "profesional cleaning" despite me cleaning them myself before leaving. I've also been stung for a huge cleaning bill, but again the house was at least as clean as when I moved in. £150 for curtain cleaning for curtains I packed away in sealed containers on the day I moved in and un-packed on the day I moved out! The curtains as with the carpets were utterly worthless anyway. I'm fairly sure that the letting agent has a commercial agreement with the contract cleaners (probably her sister or something) I sought legal advice but without a decent body of evidence: Photos, letters etc a court action is tough to win and if you lose you can be liable to the plaintiffs costs. My recomendation to anyone is that during inventory check-in and check-out validate and challenge everything, take photos etc. It's been an expensive lesson, but one I won't forget. Quote Link to comment Share on other sites More sharing options...
Goat Posted November 18, 2005 Share Posted November 18, 2005 I sought legal advice but without a decent body of evidence: Photos, letters etc a court action is tough to win and if you lose you can be liable to the plaintiffs costs. My recomendation to anyone is that during inventory check-in and check-out validate and challenge everything, take photos etc. It's been an expensive lesson, but one I won't forget. My understanding of small claims procedures is that each party is liable for their own costs only. Quote Link to comment Share on other sites More sharing options...
lewissheridan Posted December 2, 2005 Share Posted December 2, 2005 been there, done that, my opinion is just get out of the renting game.. you never get 100% of your deposit back!! NEVER!!! and it's all stacked against you unless you want to fight them cited the OFT and legal costs! they don't give a hoot, they've f'd you over, and this is just the final f'over to say farewell Quote Link to comment Share on other sites More sharing options...
Bankrupt Idiot Posted December 5, 2005 Share Posted December 5, 2005 been there, done that, my opinion is just get out of the renting game.. you never get 100% of your deposit back!! NEVER!!! and it's all stacked against you unless you want to fight them cited the OFT and legal costs! they don't give a hoot, they've f'd you over, and this is just the final f'over to say farewell I would just like to say that I recieved 100% of my deposit. I did have the house professionally cleaned though, even with no reciepts! Quote Link to comment Share on other sites More sharing options...
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