Deposit deductions

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    Deposit deductions

    Hi I was wondering if you could give me your thoughts on this please.

    Tenant moved in 25/09/2008 brand new property furnished with new sofas and carpets curtains etc.

    Tenant moves out 27/04/2010 lounge and bedroom carpet has several cigarette burns they also had a cat that has clawed away all of the corners next to the doors, the cat has also clawed 4 sets of curtains and and scratched and torn the 2 leather sofas we bought new.

    On checkout they agreed we could keep the deposit now a few weeks down the line they have disputed the return (deposit with dps)

    This is what I have worked out they owe:

    Sofa's £509 - 20% wear and tear £407
    Carpets 35m2 plus fitting £565 - 20% wear and tear £452
    Curtains 4 pairs £164 - 20% w&t £131
    2 days rent they did not pay £36
    Total £1026
    I have requseted to keep £585 deposit and leave at that but they are refusing.
    I will go to court rather than using the adjudication.

    Is this fair?

    #2
    Did you have an inventory check-in carried out at the start of the tenancy?

    Comment


      #3
      Yes signed by the tenant she signed a checkout inventory also listing the damage.

      Comment


        #4
        Originally posted by RJ01 View Post
        This is what I have worked out they owe:

        Sofa's £509 - 20% wear and tear £407
        Carpets 35m2 plus fitting £565 - 20% wear and tear £452
        Curtains 4 pairs £164 - 20% w&t £131
        The figure of 20% seems somewhat arbitrary, and the mention of wear and tear is misleading. You are not claiming for wear and tear (for which T is never liable) but for a portion of the replacement cost due to damage. You calculate your loss according to the expected lifespan of the damaged item.

        For example, if the carpet was expected to last six years before requiring replacement due to normal wear and tear, and the duration of the tenancy was approx 1.5 years, then you would have lost approx 4.5 years' of use, (or 75%). So, it would be reasonable to claim 75% of the cost of replacement with a similar quality carpet. Same principle applies to all items, but they'll have different expected lifespans.

        Note, also, that you'll need evidence that the damaged item was beyond repair (or that repair would cost more than replacement). And evidence of the expected lifespan wouldn't hurt, but some of it is down to common sense; a high quality carpet will obviously last longer than a cheap one. It will help if you provide copy receipts for original items, so that's it's clear you're replacing like for like.

        BTW, if you were not replacing all the carpets/soft furnishings, it would also be reasonable to charge T for professional cleaning, as many people are allergic to cat/dog hair.

        I agree it would be sensible to pursue this via the county court if the T refuses to accept liability. N.B. Ensure that the CCJ orders the DPS to pay you the deposit (it's in their T&C) as well as ordering the T to pay the excess.

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