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Dispute Over Money

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Hey all, I'm just looking for some advice from those in the know.

I've just moved out of a property I resided in for 18 months. Our deposit totaled £2,400 and £800 was released within the first two weeks. Reason was landlords required a quote for work to be done.

When we received their reply on the return of the rest, the landlords said they would be keeping £1600, ie the rest of it. They cited many things, namely dirty mattress, garden (plants missing and dead), worktop surfaces requiring oiling and sanding, sofa (irrepairably damaged - a few scratches from the cat), rug soiled, dent in fridge etc...

My question is can they keep all the money only if they are going to replace said items, ie do we have the right to ask for these items to be returned if they're going to be replaced? Also, we put down a new flooring in the kitchen as our dog has tore part of it off, apparently it wasn't glued it properly and they're charging for the gluing. We also redecorated many rooms and left the flat as immaculate as we could.

What can we do to counteract this and what is reasonable?

Thanks in advance.

M

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Hey Bob

Thanks for your reply.

The deposit is being protected by TDS.

They have based this on comments on inventory check-in and check-out. But they're even charging us for dirty blinds (according to them...."scuffed and fraying?")

Even though sofa is damaged (Karlstad Ikea) surely a cover can be purchased and we shouldn't have to pay for the whole thing? What do you think?

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Hey all, I'm just looking for some advice from those in the know.

I've just moved out of a property I resided in for 18 months. Our deposit totaled £2,400 and £800 was released within the first two weeks. Reason was landlords required a quote for work to be done.

When we received their reply on the return of the rest, the landlords said they would be keeping £1600, ie the rest of it. They cited many things, namely dirty mattress (fair wear and tear unless you've pissed and shat on it :) ), garden (plants missing and dead) (so plants dead then, thats what living things do you can't be held liable for what living things do), worktop surfaces requiring oiling and sanding (so the LL wants you to pay for the maintainance of his house?he can feck off), sofa (irrepairably damaged - a few scratches from the cat) (fair wear...), rug soiled (can he prove it was cleaned prior to your arrival or did you fail to clean it), dent in fridge etc...

My question is can they keep all the money only if they are going to replace said items , ie do we have the right to ask for these items to be returned if they're going to be replaced? Also, we put down a new flooring in the kitchen as our dog has tore part of it off, apparently it wasn't glued it properly and they're charging for the gluing. We also redecorated many rooms and left the flat as immaculate as we could.

What can we do to counteract this and what is reasonable?

Thanks in advance.

M

They can only replace make a charge comparable to the cost of repairing the damage that you are responsible for and then only if the item is repaired or replace, for example-they cannot replace a sofa because of a few scrathes but could charge for a cover if one is purchased or the sofa is replaced.

Was the flooring issue flagged at the check out, if not then it didn't happen. What happend was after you had gone the LL thought I can have a chunk of deposit if I pretend that the flooring wasn't glued.

Edited by zebbedee

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Hi Zebbedee,

Yes, I agree regarding the sofa - claims in the check-out report that.. "it is irrepairably damaged and has stains" - my cat had scratched the sides and it is an Ikea sofa, of which covers can be bought.

On check out, it states that the flooring had not been fitted properly but they've also been adding stuff on when agreed not to be added

Weird.

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Hi Zebbedee,

Yes, I agree regarding the sofa - claims in the check-out report that.. "it is irrepairably damaged and has stains" - my cat had scratched the sides and it is an Ikea sofa, of which covers can be bought.

On check out, it states that the flooring had not been fitted properly but they've also been adding stuff on when agreed not to be added

Weird.

You shouldn't have agreed that it was irreprably damaged but should still argue the point that it does not need replacing (but rather a new covering is needed and to you that is what was meant by 'irreprably', specifically that although the damage cannot be repaired it can be covered and the sofa still satisfactorily performs its function as a sofa), also they cannot charge you the new replacement cost only a proportion which you both deem to be fair (considering its age and condition at the commencement of the tenancy, they cannot have betterment). If it wasn't declared on the checkout it didn't happen when you were in occupancy but after you had 'checked out' and so is nowt to do with you. Also if they expect any work to be done and paid for from the deposit then they will have to provide reciepts to show the work has been done otherwise they are merely taking your money.

IANAL

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They can only replace make a charge comparable to the cost of repairing the damage that you are responsible for and then only if the item is repaired or replace,

No this is not true.

If you have damaged a sofa such that it has devalued it (or reduced its lifespan) by 10% then they are entitled to 10% of the value of (a new) sofa. They are entitled to this sum whether or not they go out and buy a new sofa.

To do otherwise would put the LL in a worst position from being forced to replace something that doesn't need replacing YET. I.e he has a year old sofa that is damaged 10%, the tenant would pay 10% for the damage they caused, another 10% would be the written down part, but the remaining 80% you are forcing him to just throw away with no compensation in order to receive your 10%. This cannot be right, in much the the same way that betterment isn't right.

tim

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No this is not true.

If you have damaged a sofa such that it has devalued it (or reduced its lifespan) by 10% then they are entitled to 10% of the value of (a new) sofa. They are entitled to this sum whether or not they go out and buy a new sofa.

To do otherwise would put the LL in a worst position from being forced to replace something that doesn't need replacing YET. I.e he has a year old sofa that is damaged 10%, the tenant would pay 10% for the damage they caused, another 10% would be the written down part, but the remaining 80% you are forcing him to just throw away with no compensation in order to receive your 10%. This cannot be right, in much the the same way that betterment isn't right.

tim

I bow to your greater knowledge, no sarcasm intended even though reading it it sounds that way :)

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No this is not true. If you have damaged a sofa such that it has devalued it (or reduced its lifespan) by 10% then they are entitled to 10% of the value of (a new) sofa. They are entitled to this sum whether or not they go out and buy a new sofa. To do otherwise would put the LL in a worst position from being forced to replace something that doesn't need replacing YET. I.e he has a year old sofa that is damaged 10%, the tenant would pay 10% for the damage they caused, another 10% would be the written down part, but the remaining 80% you are forcing him to just throw away with no compensation in order to receive your 10%. This cannot be right, in much the the same way that betterment isn't right.

I agree, the payment from a tenant or his deposit is to cover the value of the damage actually done. If the landlord does not replace/repair the item, it doesn't change the fact that the tenant caused that damage and this is the line of thinking in the courts. Interestingly though, the DPS recently issued guidance that suggests their arbitrators will give more credence to landlords claims where the item has actually been replaced (and receipts provided).

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what is the lifespan of a sofa?

For my sister (and other Yummy mummies) about 4 years.

For me (and other frugal people) about 20.

Though it you mean "before it is worn out by normal use" (rather than out of fashion/no longer matching with the curtains/whatever else!) I would suggest, at least 10 years is not an unreasonable expectation.

tim

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Most home furnishings have an expected lifspan indicated by their manufacturer.

It is impossible to answer 'what is the lifespan of a sofa' - a £400 sofa might last 5 years, a £2000 one may be expected to last a bit longer.

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Most home furnishings have an expected lifspan indicated by their manufacturer.

It is impossible to answer 'what is the lifespan of a sofa' - a £400 sofa might last 5 years, a £2000 one may be expected to last a bit longer.

My £30 sofa is doing very nicely after 6 years. Plus ${unknown-time} with its previous owner.

Lovely sofa. Supremely comfortable! And suits my sitting-room nicely!

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  • 337 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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