Carpet deduction from Deposit

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    Carpet deduction from Deposit

    Hi All!

    ok so I'll try and keep this short but dont know what I can go to resolve this issue as I have no written/photographic evidence.

    So we lived in a rented house (recently moved out) and during our stay we constantly asked both the landlord and the letting agent for new carpets due to the existing ones being really really old, worn out and smelly and stained. They also had no underlay so was like walking on concrete ! We even at one stage offered to pay half of the cost. Nothing was ever done and even the letting agent who did the 6 month inspection stated they needed changing and we should not have to pay the landlord should pay.

    We eventually moved out (3 weeks ago) and I have asked for the deposit back via DPS. This got rejected by the landlord for the reason that we have damaged the carpets and he needs to replace them ! I spoke with the letting agent and asked them whats going on as they told me the carpets need replacing and the LL should pay and they blatantly lied to me and said "we never said that". So they are wanting to keep my whole deposit for this. So I told them I am disputing this with the DPS and they just said "good luck with that !" and basically laughed at me. Then they sent me photos of the carpets stains and condition and said these photos will be used against you in the dispute (im pretty sure those photos were taken before we moved in) .

    I have no evidence or proof of what they said to me and not sure what else I can do, I believe I am going to lose all of my deposit and the landlord will get his nice new carpets which I have paid for. I am trying to get the landlords phone number so i can ring him as I think all the problems (including the carpet and black mould around windows) that were reported during the 6 month inspections never got to him and now we are being blamed for them all. Of course the letting agent deny all of this.

    Also black mould/condensation - there is no adequate ventilation in the house and on the windows and the plumber also said some of the roof tiles were damaged causing a leak which has cuased black mould in some room of the house which we are also being blamed for (which was also reported) surely they cant do that either.

    Cheers

    #2
    First of all the landlord will either have to get you to agree to any deduction from the deposit (which seems unlikely) or they'll have to prove that you caused the damage they're claiming for if you dispute the deductions.

    So dispute the deduction for the carpet with the DPS and get a document ready that outlines, briefly, your side of the story. You and the landlord only have one chance to present your evidence, so a bit of preparation is always a good thing.

    Was there a check in report which you have agreed?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      I agree with jpkeates, Definitely dispute the claim.

      Comment


        #4
        Thanks for your replies.

        I have prepared a document for the dispute and I have asked the letting agent for the photos and documentation they made when they did the inspections. But they are pretending that that never happened and they dont have it.

        I have just spoken to the letting agent again and they are now saying that the black mould is "tar" from smoking inside ! LOL We dont smoke, we both have asthma for a start !! This is getting beyond a joke now.

        Can I ask about black mould (from condensation) whos responsibility is it ? The house does not have the correct ventilation in any of the rooms or on the windows. and they are trying to put this on us as well. When we reported this previously we were just told to not dry clothes inside on radiators or close horses (which we dont)

        Cheers

        Comment


          #5
          Black mould is always contentious.
          It's almost always caused by moisture in the property, not coming in from outside.
          So it's pretty much inevitably blamed on the inhabitants and there's not much you can argue to defend against the claim - you'd be arguing that the property is basically uninhabitable.

          You might be lucky and the agent might claim that the black stuff is tar, because there's no way anyone would believe that.
          Tar from smoking is brown and forms a slightly sticky coating on windows and walls (and lungs).
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            I think this counts in your favour actually. Lies, such as the nicotine stains that you are easily able to refute will make the scheme lose faith in any part of the landlords claim.

            Do you have any emails or texts from the agent regarding inspection? You should write a letter to the agent asking them to state the findings of their inspections. If they dont reply that's evidence in your favour and I cant see any agent creating false reports just to satisfy the landlord.

            However, as others have said, the bottom line is that unless the landlord can evidence the condition of the carpet and rest of the property at the start of the tenancy, preferably through a signed inventory, I doubt he has a hope of making any of the claim stick.

            Comment


              #7
              "
              Lies, such as the nicotine stains that you are easily able to refute will make the scheme lose faith in any part of the landlords claim."

              What DPT57 says here is very important. I've been to court several times (it seems to be my second home) and as soon as the tenant lies they've had it. Judges don't have the time to sort out lies and will draw the case to a speedy close, in my experience.

              Comment


                #8
                Unless the landlord conducted (and had you agree) a proper check in inventory & Schedule of Condition he is on a hiding to nothing claiming that you should pay for new carpets. Just dispute it and explain that the carpets were smelly and stained at check in. It will be up to him to prove otherwise.

                You haven't answered the question about whether an inventory exists from check in?
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  I don't have a copy of the inventory from move in (cant recall their being one but might of been) and there wasn't a "check out" done either.

                  I am putting the carpet in dispute with the DPS and have compiled a document. I have also asked for a copy of the documentation/photos that were taken (of the carpet, black mould, plaster falling off walls from where the 1960's green plastic bath was leaking somewhere) during the 6 monthly inspections to add to the dispute so far the letting agent has avoided the question and still haven't sent me them ( I assume I am entitled to receive them and they cant refuse?) they just keep saying "but you've done this and you've done that). I've got a feeling they will come back and say they cant find them or I am not entitled.

                  I am starting to believe that this may not be the LL's fault and possibly the letting agent did not simply do anything about the issues we reported. But then again previous tenants of the property also have said the LL did nothing for them about issues they raised either.

                  I also have this feeling that they are going to try and bill me after they have kept the full deposit for other stuff that's not listed in the DPS dispute (I take it they can do that ?) so I am getting some free legal advice from my employer so I am ready for that too.

                  Comment


                    #10
                    No point worrying. You've been given good advice

                    Comment


                      #11
                      Originally posted by exTennent View Post
                      II also have this feeling that they are going to try and bill me after they have kept the full deposit for other stuff that's not listed in the DPS dispute (I take it they can do that ?)
                      If the deposit is in the custodial scheme, then the money will be returned to you and the LL cannot keep it. If the LL wants more, then LL will have to go to court..
                      If deposit is protected by insured scheme, then believe the LL has to pay the disputed amount to the DPS, and again the money they determine is owed to you will be paid to you, and again the lL will have to go to court if LL wants any more.

                      Comment


                        #12
                        Ok thanks for all your advice, it has been great

                        I have submitted the dispute document with the DPS and we will see what happens

                        the Letting agent is still avoiding my request for copies of the documentation/photos from the 6 monthly inspections they did during the tenancy. Me thinks they dont have them or dont want us to have them as it will back our dispute with the DPS

                        Comment

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