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To think my mums landlord shouldn't expect this

(36 Posts)
frillybiscuits Sun 06-Dec-15 18:13:11

My mum has just moved out of a rented house she was in for 7 years. It's an old townhouse and was a little worse for wear when we moved in but we took it because it was cheap enough rent. Now she's moved out the landlord has demanded she pay for the carpet in what was my room to be replaced because of two small black dot stains. They're not deliberate or anything disgusting, they're from an old yahama keyboard being kept under my bed for years that had sticky bits on the bottom to attach to a stand. I've suggested that it may be cheaper to get the carpet cleaned professionally but she is stuck on what to do. She's obviously tight on money at the moment due to moving. He has kept her £700 deposit but still insists she pays. Surely the deposit will cover the costs?

The landlord never responded to our requests to get things repaired over the years. Kitchen drawer handles broken, bathroom door that would often get stuck leaving someone trapped, disgusting mould and damp in a lot of the rooms, plaster peeling off the walls, the utility room extension roof falling in and leaking when it rained.

AIBU to think she shouldn't have to replace the entire carpet (including stairs because it's a loft conversion) just because of two micro stains? Especially when the landlord never solved anything for us whilst we were there, to the point of us living in somewhere that should have been inhabitable.

LIZS Sun 06-Dec-15 18:16:40

If it needs replacing it should be under wear and tear. Was it new when your dm took it on?

Oysterbabe Sun 06-Dec-15 18:17:03

Is the deposit in the deposit protection scheme?

frillybiscuits Sun 06-Dec-15 18:17:45

Before anyone says she doesn't expect me to pay because I'm having a baby shortly and has said its my Christmas present if she has to pay wink

frillybiscuits Sun 06-Dec-15 18:18:49

No it wasn't new, there had been a pair of art students living there previously that had left some damage to other areas of the house. I'm not sure as my mum was the tenant, I just paid her some towards the rent.

Sanchar Sun 06-Dec-15 18:19:09

Was the deposit held in a protection scheme? He can't just keep it if it was and if it wasn't then the LL is up shit creek as your mum can claim 3x deposit as it wasn't protected.

Hate rogue landlords like this

ijustwannadance Sun 06-Dec-15 18:20:38

Doesn't cost 700 quid to carpet a box room. Landlord is trying it on.
Why are they keeping the whole deposit?

Onelegtoofew Sun 06-Dec-15 18:21:58

If she's been there for 7 years then this will easily come under wear and tear. He cannot just withhold her deposit - it should have been kept in a deposit protection scheme and if he didn't do this then he has broken the law. If it is in a deposit scheme, the onus is still on him to prove that he requires the money to replace the carpets - and even if he was able to do that, it wouldn't come to £700!

Basically, no, he can't do this and your mum has every right to challenge it and will have a very good case for getting ALL of her deposit back. I would contact CAB or Shelter. Do you have records of your requests for repairs that have never been done? He sounds like a crook, tbh.

frillybiscuits Sun 06-Dec-15 18:22:19

I'll ask her now, she just text me to tell me as she handed the keys over today and he told her she has to pay

potap123 Sun 06-Dec-15 18:24:59

Message withdrawn at poster's request.

LimpidPools Sun 06-Dec-15 18:25:11

Definitely fight this. It's making me cross just reading it.

Maybe have a look at this deposit protection service

SavoyCabbage Sun 06-Dec-15 18:26:04

There is no way he can don't this if your deposit is in the protection scheme. We had to wash the lightbulbs when our tenants left, the place was so dirty. There were holes in the walls, a fixture was missing, there was a burn mark in the window frames from a straightener, they left rubbish in the garage...I could go on. We got £400 back out of £600. We had the carpets cleaned and the oven. Replaced the loo seats which were missing and the clothes pulley which they nicked and dos the rest ourselves. There are a few stains on the carpets even after they have been cleaned.

FreeWorker1 Sun 06-Dec-15 18:26:56

Assuming this is in England you need to read ths about the rules on Tenancy Deposit Protection.

The LL is not allowed to charge an arbitrary price for a seven year old carpet.

If the tenancy started after 6 Aprll 2007 the LL had to place the deposit in a registered tenancy deposit protection scheme by law.

If the LL did not do this your mother can claim 3 x the deposit as compensation.

Furthermore if the deposit is in a tenancy deposit protection scheme she should apply to the scheme for a judgement to be made. The LL will get nothing for a 7 year old (or older) carpet.

The law is on your mothers side. The LL is just trying to get money. I can bet they wont bother even replacing it.

frillybiscuits Sun 06-Dec-15 18:28:21

Yeah she said its under the protection scheme. I've advised her to talk to CAB. Thank you, I did think it was a bit of a far fetched and cheeky request hmm

mummytime Sun 06-Dec-15 18:29:12

She needs to see CAB, and to dispute him keeping the deposit in writing. In her letter she needs to point out: the state the accommodation was in when she took it on, how he didn't upgrade or repair while she was there, and that after such time he should expect to upgrade. I would also say she expects her deposit back in full from the deposit scheme (which might frighten him to do it.)

I think it is worth fighting for it, at least a bit.

BlueJug Sun 06-Dec-15 18:29:43

The crucial question is whether or not the deposit is in the deposit protection scheme and that you have been notified of it and can track it.

You might be able to sue the LL for up to 3 x the value of the deposit because she is breaking the law.

If it is in a TDS then you can go to arbitration if LL refuses to refund what you think is fair and reasonable. There is no way you will have to pay entire replacement cost of carpet. If the stains are bad and you caused them there may be a contribution to pay but it sounds unlikely. Probably just wear and tear.

See Shelter website for info

england.shelter.org.uk/get_advice/tenancy_deposits

DixieNormas Sun 06-Dec-15 18:29:49

7 years and he's moaning about a couple of little marks on the carpet! No ask him which scheme he has put the deposit in and see what he says

BlueJug Sun 06-Dec-15 18:30:46

Sorry too slow at typing! Others beat me to it blush

Berthatydfil Sun 06-Dec-15 18:31:02

That is called betterment and basically the ll should have been putting money aside from his rental profits to pay to wards the wear and tear on his fixtures and fittings.
There is no way he would be allowed to keep the deposit and expect her to pay for a brand new carpet in there.
As pps have said the deposit should have been protected and if it wasn't she can take action to get it back.
Tell her to speak to shelter.

Onelegtoofew Sun 06-Dec-15 18:32:34

It's absolutely worth fighting for. He is taking the piss!

MuttonWasAGoose Sun 06-Dec-15 18:32:53

If you are in the UK the deposit must be with a protection scheme. If it's not, then your mother is entitled to the entire deposit and he's in big trouble.

If it is, then the scheme acts as a middle man and he has to prove that the damages are real to get the money.

Furthermore, landlords don't get new for old. Even if you utterly fuck up the carpet and it needs to be replaced, he's only entitled to the value of a seven year old carpet, minus expected wear and tear.

No inventory, or no deposit protection scheme, and this guy is entitled to nothing.

glasshouses Sun 06-Dec-15 18:33:02

If the deposit is protected she should also talk to the company protecting the deposit telling them there is a dispute

ObsidianBlackbirdMcNight Sun 06-Dec-15 18:39:30

When a tenant his lived in a place for a certain length of time they have to drop the % they can take for any repairs by a certain % per year the tenant has lived there. They can't take 100% of the cost of a new carpet in any case.

MuttonWasAGoose Sun 06-Dec-15 18:40:46

I'm willing to bet it's not protected. She probably rented before the law passed. However, he was required to do it when the law was passed. The tenant is made aware of the scheme and given an account number. The money isn't released to the landlord (or to the tenant) without the agreement of both parties.

OP and her mother should call SHELTER for advice.

specialsubject Sun 06-Dec-15 18:41:00

laws have been in place since 2007 to protect her against this.

www.gov.uk/government/uploads/system/uploads/attachment_data/file/464910/How_to_Rent_October_2015_FINAL.pdf

and as repeatedly mentioned, wear and tear deductions mean that the carpet is worth nothing from the deposit if it is 7 years old.

please use the protections that are there, and have since been upgraded. There's no need to live in a dump and pay a crook to do so. However cheap it is.

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