Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Or is my horrible landlord?

39 replies

clare8allthepies · 31/01/2012 20:34

Need some impartial advice as I've been so pee'd off with them for so long I fear I may have lost all perspective Smile

DP and I were with previous landlord for 10 years, 9 in a 1 bed flat then after DD was born we moved to a 2 bed with the same landlord (private company not individual).

Our initial agreement was 6 months followed by a months notice to leave. After we'd been in the 2nd flat 8 months we got a letter saying we should have signed up for a further 6 months and it was either commit to another 6 months or let them know we would be leaving. We did this and again at the end of the first year as we had no plans to move and were going to try and save for a deposit for our own place (which was going to take some time)

Out of the blue, just after we had signed up for another 6 months, DP got relocated with his work. Contacted landlord to say they would try to relet and if they could we would stop being responsible for rent from the day new tenant moved in and would just charge a £50 admin fee.

We moved (couple of hundred miles away) and had to return our keys by recorded delivery as landlord could not get anyone out to do a handover. I asked pretty soon afterwards when we could get our deposit back as we were quite stretched paying rent on 2 propertied at the same time. They said they could not do anything until the end of the tenancy. I asked if they could at least do the inspection to make sure everything was ok so at least we would be reassured that when we did get it back it would be the full deposit. They said no, they were not allowed to? and would have to call me to get my permission before they even entered the property.

Got a call 2 weeks back from my old neighbour to say someone had moved in on 13th Jan. A week later got an e-mail from my previous landlord to say they had let my flat and the last day we would be liable for the rent was 15th Jan. They said they had had to replace the front room carpet and would be charging me £288 for this as well as unspecified 'painting charges' and the £50 admin fee.

Carpet wasn't exactly clean - I was going to get one of those machines from the hire shop to give it a going over before we moved but it never happened, it was a thin cheap carpet in a tiny room though.

Today the check came through for £309, so £230 ish for the half a months rent we were due so only £80 left out of a £500 deposit????

Is there anything I can do to challenge this or am I going to have to accept its their word against mine? Am still sitting here fuming about 3 hours later Angry

Sorry for the long rant BTW Blush

OP posts:
Teaandcakeplease · 31/01/2012 20:41

I'm not sure this is the right area for this? Perhaps it should have been in legal or property for better advice? Although there is a lot of traffic in this topic. But I would ask for a full break down of what the reductions included for starters.

featherbag · 31/01/2012 20:43

Was the deposit registered with a deposit protection service? If so, they should have ok'd the deductions from the deposit before releasing any money to the landlord. When did you last sign a contract with them? Were you given a deposit protection certificate?

whackamole · 31/01/2012 20:49

I think you might have to suck it up as they didn't inspect with you present.

But I could be talking out of my arse. I only know my sister had a similar situation and lost almost her whole deposit because apparently the oven (which she paid to have cleaned) needed to be replaced it was so filthy!

QueenStromba · 31/01/2012 20:50

£288 sounds like they've charged you the whole amount for a new carpet which they are not allowed to do.

FredFredGeorge · 31/01/2012 20:53

The lack of agreement to the deposit level suggests you're not using the commonest deposit insurance, so if the landlord has any then it's with mydeposits then you'll need to register a dispute with them ( www.mydeposits.co.uk/tenants/get-started/register-a-dispute for details) however it's certainly possible that there was no deposit protection, which is a very silly idea by the landlord and he's left himself liable to 3 times the deposit to you in penalties.

The important question is what deposit protection service he used.

whackamole The law got very much tightened up on this because of so many unscrupulous landlords, so it's actually a lot easier to not have to suck it up.

Garliccheesechips · 31/01/2012 20:55

First thing to do is check if your deposit was protected.
www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

If not, you can take him to court.

Original poster
clare8allthepies · 31/01/2012 20:56

Thanks for the replies, have a feeling I will just have to suck it up and chalk it up to experience Angry

Just looked at a sample tenancy agreement on their website because I couldn't be bothered to go and dig ours out and no mention of a deposit protection service unfortunately (I know our new landlord uses one)

They did replace the carpet (my lovely nosey neighbour told me) but I think they've just taken advantage to get an old fairly worn carpet replaced using someone elses cash!

OP posts:
Original poster
clare8allthepies · 31/01/2012 21:01

Sorry cross posted! Think I will email them and ask who the deposit was registered with so I can contact them directly and see what they say, thanks for those links!

OP posts:
featherbag · 31/01/2012 21:01

Clare they can't NOT use a deposit protection service, it's the law! Google Consumer Action Group and have a look at their tenants forum. It will explain in more detail how your landlord now legally has to pay you your full deposit plus triple the deposit as compensation for not protecting your deposit (e.g., if your deposit was £500, LL now owes you £500 + 3X£500, so £2000). It's rare it actually gets as far as the LL having to pay up the penalty, but sending them a letter (templates on consumer action group) informing them you intend to pursue this should having them coughing up the rest of your money sharpish!

QueenStromba · 31/01/2012 21:12

There's no way that any of the tenancy deposit schemes would let them get away with making you pay for a whole new carpet when the previous one was old and worn. It's called betterment and is illegal.

BrookeDavis · 31/01/2012 21:13

Clare, I was in this situation a few years back. Our landlady tried to charge us about £1k from our deposit for brand new carpets, missing items and additional cleaning. We'd been there 7 years!

First step is to email the agent to say that you have not agreed to the deductions and that you wish to take it up with the relevant tenancy deposit company. As feather says they have to do that.

If they haven't you'll get your deposit back pretty sharpish I imagine, as they are liable to pay you 3 times your deposit for not using the scheme.

If they have then they'll be a dispute form which you'll need to fill in with any relevant evidence. If there is no check out inventory the adjudicator will probably just side with you as the landlord has no evidence to charge you.

Essentially they can't charge you for new, they can only charge like for like.

Don't write it off. We got all bar £150 of our deposit back which I thought was pretty fair.

overmydeadbody · 31/01/2012 21:18

Don't just leave this.

You have to dispute this. It is your right to. If the carpet was old and worn they cannot charge you for the replacement.

I had a similar thing with an old landlord. He wouldn't give me any of my deposit back, giving all sorts of reasons. I made a claim with the deposit protection service and they awarded in my favour and the landlord had to give me all the deposit back.

They are trying their luck. Hoping you won't dispute it. But you must.

aldiwhore · 31/01/2012 21:28

I wish I'd had overmydeadbody's advice before I put my lost deposity down to experience.

I hate the whole deposit system to be honest, my folks rent out their house as they can't seem to sell it and well, people just being people don't live to the same high (Búcket) standards of my folks (hoover out AS you take your shoes off) they're always moaning and threatening not to give back deposits... some landlords are utterly unrealistic about the normal wear and tear of a few months of living.

Thankfully, we never made a deposit on our current place, it was GOPPING when we moved in, and we can stay here forever... though I'm tempted to bill them for work done when we eventually move out.

breadandbutterfly · 31/01/2012 22:16

They're not entitled to a penny, unless they have proof, from an independent inspection (or you both agreed, which you didn't) that the carpet was in the state they said it was. They're not allowed to charge for a new carpet anyway as the preious one wasn't new - only a proportion once wear and tear is taken into account. Our landlady tried this on with us - she got 0p, as her 'photos' proved nothing, as could have been taken whenever... The deposit scheme ombudsman threw out her whole claim (and she was bonkers too).

Original poster
clare8allthepies · 03/02/2012 08:58

Thanks for the advice , you lot are brilliant! I'm going to e-mail them, here's the e-mail I have written, do you think it's ok (I'm trying for a balance of standing up for myself but not being too much of an arsey cow Grin)

Hello, I recently received a cheque from you for the return of our rent and deposit for the property xxxx. The cheque was for £309.42.

As we should have received at least £230 returned rent for the 15th - 31st January and there was a £50 admin fee this means that you have returned less that £130 of our £500 deposit.

Please could you provide me with a breakdown of deductions that were made and the reasons for these deductions. Could you also provide me with the details of the deposit protection scheme that you use.

Many Thanks,

clare8allthepies

OP posts:
LadyMontdore · 03/02/2012 09:08

YABU, why didn't you clean the carpet if you knew it was dirty? Landlord could have charged you the full 6 months rent so I think they have been more than fair.

featherbag · 03/02/2012 09:59

Lady, the LL ^couldn't* have charged the full 6 months' rent, as they have a legal obligation to mitigate their loss by seeking a new tenant, and once one was found could no longer charge the OP rent. The OP paid up to the new tenants starting to pay rent. They had intended to clean the carpet before ending the tenancy but were not given the chance to do so, as they were only informed of the new tenancy after it began. The OP is most DNBU, and the law tends to agree with her.

Even if the carpet had been destroyed, the LL cannot charge her for a brand new one. For example, say the carpet cost £1000, and could reasonably have been expected to last 10 years (random figures for example's sake). If the carpet had been down for 8 years when the OP left the property, the LL could only ask for £200. Any more would be betterment.

Original poster
clare8allthepies · 03/02/2012 10:10

I wouldn't have objected to paying a charge to have the carpet cleaned, I just don't see why we should pay for a brand new carpet. (Mind you I have no idea how much a brand new carpet would cost - it wasn't a big room though about 10 foot by 12 foot) and it was your typical rented place carpet, the thin hardwearing type)

OP posts:
LadyMontdore · 03/02/2012 10:13

Feather - it's not always that easy to find new tenants.

OP did have opportunity to clean the carpet.

No excuse for not leaving it clean.

And I'd be suprised if the carpet was the only thing left unclean.

featherbag · 03/02/2012 12:34

Whether finding new tenants is easy or not is irrelevant, the OP's LL did find them.

LadyMontdore · 03/02/2012 13:08

And OP could have cleaned the carpet.

LadySybilDeChocolate · 03/02/2012 13:14

Having the carpets cleaned is very different to replacing them, and it's far cheaper. The LL didn't have to replace them.

Best of luck OP. I hope you get your money back. Smile

schobe · 03/02/2012 13:17

Do you mean less than £30 of the deposit, not 130?

MrsSquirrel · 03/02/2012 13:33

If I were you, I wouldn't put any of those figures in the initial email. I would just say,

The cheque was for £309.42. I do not understand how this figure was calculated. Please could you provide me with a breakdown of deductions that were made and the reasons for these deductions.

That's clear enough and then you won't get into any back-and-forth with them disputing your figures.

TheCuntwormUnderfoot · 03/02/2012 13:41

Clare, there are only three deposit protection schemes nationally. Call all three, if your address isn't listed, they've broken the law. You can then call them and ever so politely suggest that they might like to refund your original deposit in full in order to avoid your taking them to court for failure to protect your deposit, reporting them to the council, and for fraud (evidence new carper isn't new).

Go ballistic. I bet they'll refund you £500 just to avoid a shitstorm if they're a rental company!

Swipe left for the next trending thread