Best way to deal with unfair landlord deductions?

[Alb1]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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

[Alb1]

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]

Take it straight to dispute

[Alb1]

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]

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]

Who won light?

[lightsandresistance]

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

[lalalonglegs]

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]

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