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Best way to deal with unfair landlord deductions?

(18 Posts)
Alb1 Thu 27-Oct-16 10:26:52

We recently moved out of a rented house, there was a small amount of damage to carpets (from cats the landlord new we had) and some marks on one wall. The landlord has only sent a couple of the quotes back so far but it had already wiped out the whole deposit and it hasn't got to the carpet yet, I don't want to go into too much detail if I can avoid it as I don't want to out myself. But the house was perfectly clean, cleaner than when we moved in too, and the charges are insane, we damaged carpet which we fully expect to pay for obviously, but that does not give the landlord the right to take everything. Should I wait until they've got all the extra quotes and then try and discuss through email or should I go and open a claim straight away on the deposit protection scheme? I don't want to make them angry and the quotes go up further but I'm very confident I have a case here and don't want to risk loosing out further.

specialsubject Thu 27-Oct-16 16:50:48

Raise dispute with scheme now. Then he has to do all the proving.

Sounds like he is trying betterment . it doesn't work like that.

Alb1 Thu 27-Oct-16 16:59:36

Thanks for replying, yeah I think so too as they are selling on the house now. One of the charges is just short of 200 for cleaning, the house was not at all dirty, I cleaned it as well as I possibly could and cleaned the carpets too, it was certainly cleaner than when we moved in too.

VivienneWestwoodsKnickers Thu 27-Oct-16 17:08:53

I went back to the house by appointment and made the letting agent point out every defect. I knew I'd left the house pristine, and they were unable to prove a single thing they claimed needed doubt, right down to wiping fingers over the tops of the doors (I'd wiped them, ha!). Entire cheque returned, with an extremely bad grace.

So ask to go back and view what they claiming. If you can rectify some yourself then do that. Are the marks on the wall severe or normal wear and tear? Did you take photos before you left?

Alb1 Thu 27-Oct-16 17:14:32

The marks on the wall are normal but I can see why they want to replace, but it is only a very small wall. They also want to decorate an entire other room for no good reason and in my opinion the decorating charge (over 300) is over the top anyway. The house had been decorated to a good standard, but clearly quite some time ago. I don't mind contributing towards things like that but the quotes so far are much higher than necessary

Alb1 Thu 27-Oct-16 17:16:05

Oh and no we didn't take photos unfortunately, the letting agent seemed lovely and it just didn't occur to us. Hard lesson learnt there.

wowfudge Thu 27-Oct-16 23:23:12

Follow special's advice. It's up to the LL to prove they are entitled to your deposit money. Was there an inventory detailing the condition of the place when you moved in?

MilkTwoSugarsThanks Thu 27-Oct-16 23:27:20

Check out Shelter's website. They can't charge for redecoration, and they won't get away with charging full price for a new carpet either. The DPS (or whichever - the schemes are similar) will make a calculation based on the age of the carpet and deduct a percentage.

Mymothersdaughter Thu 27-Oct-16 23:30:58

I had a major landlord dispute once. I spoke to a CAB advisor who got on the phone to him there and then and sorted it all out. Saved me about a grand. So I would recommend getting a third party to advocate if needed

specialsubject Fri 28-Oct-16 12:05:04

As I said, just raise a dispute with your scheme, job done. It is for them to prove not you to disprove.

Alb1 Fri 28-Oct-16 12:31:10

Great thanks for all the advice. I've requested it back on the scheme now so il wait until they put the quotes on there and then dispute it.

We did do an invantry but I didn't check it over again once it was emailed to me (as I was there completing it initially), I just flagged the email, and have now realised that they only actually sent me the front page of the invantry and they have since ignored after I've moved out for a copy of it.

Ohb0llocks Fri 28-Oct-16 12:32:10

Take it straight to dispute

Alb1 Fri 11-Nov-16 11:30:55

Just updating here ranting I requested the deposit back via the deposit protection scheme the day I started this thread, landlord gets 14 days to reply, 14 days have now passed and the landlord hasn't responded so I phoned the dps for advice thinking they'd just have to return the deposit, turns out nope!

I can now pay to take it to small claims court, or pay a legal person to witness me signing a form to further request it back. If I could afford the legal costs I wouldn't be bothered about getting my deposit back though! As I can't afford to pay to get my own deposit back there's nothing I can do, landlord never has to respond and I never get my money back...

DPS say the deposit just sits with them until someone claims it now, even tho I've already claimed it? Insane system. Now off to go be grumpy somewhere else resist the urge to send the letting agent a shitty email

lightsandresistance Fri 11-Nov-16 11:39:43

I am anticipating this. Our flats have cheap carpets and budget magnolia slapped on the walls by landlord

When our neighbours moved out the landlord made a claim for a deep house clean (not done before moving in) new carpets that weren't cheap ones and pro decorating.

They ended up going to court.

Alb1 Fri 11-Nov-16 11:44:22

Who won light?

lightsandresistance Fri 11-Nov-16 12:29:04

Tenant got their deposit back minus a like for like cost of something that they had damaged and admitted.

lalalonglegs Fri 11-Nov-16 13:12:05

I too thought it defaulted to the tenant if the LL didn't respond. However, most solicitors only charge a nominal amount to witness signatures etc (probably about £20), so if that's all it is going to take to get the money released to you, I'd do it.

CheddarGorgeous Sun 13-Nov-16 20:55:32

It costs about £5 to get a letter witnessed, I'd do that next.

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