Taking costs out of deposits

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  • Taking costs out of deposits

    Hi, Can anyone help??! We have a property which is rented to our daughter and two others who all have separate agreements. One has just left, and his 1 yr old spotless mattress was badly stained with bodily fluids. Also the carpet, same age. We did not feel happy with the idea of the next tenant having to use these so have replaced them with new ones of slightly lower quality. He also did not clean the room, left permanent footprints on the window sill (from smoking in a non-smoking house)and removed the provided waterproof mattress cover. Having deducted the costs from his deposit, he owed us 16.00 which we have written off. His uncle, also a landlord is claiming we have overcharged and should return far more of the deposit. we did not charge for cleaning, only the painting, and the carpet fitting. are we within our rights to do this? he seems to think that if his nephew took us to court he would win and get costs. He owed us 2 months rent when he left which his uncle helped us to get. Help!!

  • #2
    Originally posted by lolagreer View Post
    Hi, Can anyone help??! We have a property which is rented to our daughter and two others who all have separate agreements. One has just left, and his 1 yr old spotless mattress was badly stained with bodily fluids. Also the carpet, same age. We did not feel happy with the idea of the next tenant having to use these so have replaced them with new ones of slightly lower quality. He also did not clean the room, left permanent footprints on the window sill (from smoking in a non-smoking house)and removed the provided waterproof mattress cover. Having deducted the costs from his deposit, he owed us 16.00 which we have written off. His uncle, also a landlord is claiming we have overcharged and should return far more of the deposit. we did not charge for cleaning, only the painting, and the carpet fitting. are we within our rights to do this? he seems to think that if his nephew took us to court he would win and get costs. He owed us 2 months rent when he left which his uncle helped us to get. Help!!
    You can't charge him for a new mattress or a new carpet because that doesn't take into account reasonable wear and tear.

    Also, why have you charged him for painting?

    Sounds to me like your ex-tenant might have a good case for reclaiming at least some of the deductions you've made.

    Peter

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    • #3
      Hi,

      We are giving an allowance for wear and tear, the items had only been used for 6 months previously and were as good as new. We painted the white walls as it was quicker than scrubbing the many marks off. We have not charged for the paint, only the labour. The marks on the window sill could not be cleaned off so they had to be painted. The mattress had a waterproof cover at the start of the tenancy, but was not there when the tenant moved out. We have not charged for replacing that. We have not charged for coming down to let the carpet fitters in. Does that make a difference??

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      • #4
        It sounds like you've been reasonable. Whether you want to negotiate with T depends on how confident you are that your deductions are fair. How much is T claiming you owe him?

        It's also helpful if you have a breakdown of the deductions showing you took £X for this, £Y for that, etc etc, rather than just saying that you took £Z for "damage" for example. The more specific you can be, the better.

        Peter

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