Jobs & Education0 min ago
refund of deposit on rental property
My daughter phoned me tonight absolutely fuming. She and her partner have given notice to their landlord that they are leaving the house they have rented for 3 years as they are buying a house. on one of these shared ownership schemes.
My daughter has kept the place clean and tidy and made sure any stains were cleaned off the carpets etc. My daughter does not have pets or children to mess the place up.
The landlady has inspected the property today and said she would have to have the carpets steam cleaned professionally and would take the cost out of my daughters deposit!
I think she is just trying to find excuses not to refund my daughters �500. As this lady holds the deposit, how should my daughter proceed now if there is a dispute about the cleanliness of the carpet. The tenancy agreement did not say anything about this kind of cost, its just the usual stuff about normal wear and tear not being the tenants liability.
My daugther really needs this money as she is buying a house and needs to carpet it out etc
My daughter has kept the place clean and tidy and made sure any stains were cleaned off the carpets etc. My daughter does not have pets or children to mess the place up.
The landlady has inspected the property today and said she would have to have the carpets steam cleaned professionally and would take the cost out of my daughters deposit!
I think she is just trying to find excuses not to refund my daughters �500. As this lady holds the deposit, how should my daughter proceed now if there is a dispute about the cleanliness of the carpet. The tenancy agreement did not say anything about this kind of cost, its just the usual stuff about normal wear and tear not being the tenants liability.
My daugther really needs this money as she is buying a house and needs to carpet it out etc
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This happened to me a few years ago. I moved out of a flat and the letting agents said they had to deduct �130 for cleaning from my deposit. The flat was thoroughly cleaned before I left it so I knew they were trying it on. I sent them a letter saying I didn't agree with them and if they didn't refund the amount I would take them to court. Needless to say they didn't respond so I took them to the small claims court and won. It can all be done on line now (moneyclaim onine) and it cost about �30 (which the other party have to pay if they lose).
I spoke to citizens advice first so this is probably what you should do as well.
Good luck!
I spoke to citizens advice first so this is probably what you should do as well.
Good luck!
Are we talking about one carpet or all the carpets in the house?
If it's just one or two carpets, why doesn't your daughter have them cleaned? Last time I had one done by a local firm it cost me �20.
Your daughter could then show the receipt to the landlady who will then have no excuse for not returning the deposit.
If the landlady persists in being awkward, your daughter should photograph the carpets once the furniture has been removed, to show that there were no stains. This will help should she decide to go to the small claims court.
The deposit should be used to pay for missed rent or damage and NOT for this purpose.
If it's just one or two carpets, why doesn't your daughter have them cleaned? Last time I had one done by a local firm it cost me �20.
Your daughter could then show the receipt to the landlady who will then have no excuse for not returning the deposit.
If the landlady persists in being awkward, your daughter should photograph the carpets once the furniture has been removed, to show that there were no stains. This will help should she decide to go to the small claims court.
The deposit should be used to pay for missed rent or damage and NOT for this purpose.
We rented for a period of time (via an estate agent). We had the inventory done on arriving and on leaving. We were told that the carpets had not been professionally cleaned for our arrival and so we would not have to have them done when we left. We were told the house had to be left in the manner we found it in.
Incidentally we did damage one of the carpets with a stain and so the cost to replace that was taken out of our deposit.
Incidentally we did damage one of the carpets with a stain and so the cost to replace that was taken out of our deposit.
All these stories are a bit worrying - I have almost �1600 held as a deposit on my rented house.
I have been there 4 years now - stains on the carpet include hardened candle wax & hair dye - which I know will never come out. I do expect some of the deposit to be held back towards repair/replacement - but wear & tear does have to be taken into account, as does the amount of time one has been in the property to determine the extent of wear &tear.
I dread when I leave having problems getting back such a large deposit as I am sure they will try it on and that is one hell of a lot to lose. I shall have to try the small claims court if I do have any problems.
Is this landlord a private one or is it all done through an estate agent/third party?
I have been there 4 years now - stains on the carpet include hardened candle wax & hair dye - which I know will never come out. I do expect some of the deposit to be held back towards repair/replacement - but wear & tear does have to be taken into account, as does the amount of time one has been in the property to determine the extent of wear &tear.
I dread when I leave having problems getting back such a large deposit as I am sure they will try it on and that is one hell of a lot to lose. I shall have to try the small claims court if I do have any problems.
Is this landlord a private one or is it all done through an estate agent/third party?
If you think you have problems spare a thought for this poor lady, who is now my tenant ( and very happy with her I am as well) but who has this terrible ongoing situaiton with her previous landlord and is absolutely suicidal over it.
http://www.theanswerbank.co.uk/Law/Criminal/Qu estion663165.html
Some people really abuse their status as landlords and as deposit holders and it's really a very bad state of affairs, but if the house is right then I'd advise your daughter to take legal proceedings to recover her deposit.
http://www.theanswerbank.co.uk/Law/Criminal/Qu estion663165.html
Some people really abuse their status as landlords and as deposit holders and it's really a very bad state of affairs, but if the house is right then I'd advise your daughter to take legal proceedings to recover her deposit.
How awful Obnoxious.. what was the final outcome?
We lost part of our deposit as they said we had to have the whole garden tidied up by a gardener. Bearing in mind I had been weeding all year and cleaned up a load of leaves the week before we moved out - but since it was Autumn when we left the house - we were liable to pay someone to clean up all the fallen leaves. Bit unfair really! If it had been Summer we wouldnt have had to pay anything!
Never liked living there anyway - horrid kitchen, cra*p heating and radiators leaked.
They did try it on with us - over the deposit and to be honest we could probably have got more of it back than we did - but some of the 'damage' was our fault (though accidental) so I couldnt be bothered to go into a lengthy fight over it. Hadnt rented before so I just assumed that was how it goes.....
We lost part of our deposit as they said we had to have the whole garden tidied up by a gardener. Bearing in mind I had been weeding all year and cleaned up a load of leaves the week before we moved out - but since it was Autumn when we left the house - we were liable to pay someone to clean up all the fallen leaves. Bit unfair really! If it had been Summer we wouldnt have had to pay anything!
Never liked living there anyway - horrid kitchen, cra*p heating and radiators leaked.
They did try it on with us - over the deposit and to be honest we could probably have got more of it back than we did - but some of the 'damage' was our fault (though accidental) so I couldnt be bothered to go into a lengthy fight over it. Hadnt rented before so I just assumed that was how it goes.....
The poor girl concerned is bailed til later this month, so I really don't know the outcome, but she's really not that sort of person to have done that, and the last time I saw her she was a nervous wreck, literally shaking from head to foot and tearful, completely unable to function over this. She';s convinced that because her landlord is of high standing in the community they'll believe him and not her, and she'll go to prison if it reaches court and she has a little girl so is understandably terrified.
I believe, to answer Sally, that her tenancy was drawn up via an agent.
I believe, to answer Sally, that her tenancy was drawn up via an agent.
Salla, in my rented house, I split candlewax all over the carpet. I used kitchen roll and an iron and got it all out!! Can't help with the hair dye though.
Noxy, I can understand your friend being worried, but I should imagine the reason she has been bailed is for pre charge advice. I can't imagine any CPS prosecutors suggesting any charges at all.
Noxy, I can understand your friend being worried, but I should imagine the reason she has been bailed is for pre charge advice. I can't imagine any CPS prosecutors suggesting any charges at all.
I used greaseproof paper & an iron - as recommended by some Martha woman from the US who was famous, then even more famous when she went to jail for fraud or some such thing. Anyway, I digress....
My effort seemed to heat the candlewax INTo the carpet rather than out of - I think I had the iron way too hot.
My effort seemed to heat the candlewax INTo the carpet rather than out of - I think I had the iron way too hot.
Salla - why are you not responsible if you have got hair dye on a carpet? If the carpet was otherwise OK I would have thought you would have to pay for a replacement.
I am really not picking I am just suprised that you wont have to pay.
My daughter scribbled wax crayon on a really big wall papered in Sanderson paper the day we moved out of our property - tatty though it was before it cost us �2000 as it was the whole hall stairs and landing which needed redecorating.
I am really not picking I am just suprised that you wont have to pay.
My daughter scribbled wax crayon on a really big wall papered in Sanderson paper the day we moved out of our property - tatty though it was before it cost us �2000 as it was the whole hall stairs and landing which needed redecorating.
Fair wear and tear doesnt include wax or hair dye on carpets I'm afraid!
To answer the OP, if you think you should be given back more of the deposit then, eventually, you can go to Court as has already been said. It will really come down to what's on the inventory. There is no requirement to have carpets steam cleaned professionally (even if it says you should in your agreement), only that they are in the same condition as when you moved in, excepting fair wear and tear.
To answer the OP, if you think you should be given back more of the deposit then, eventually, you can go to Court as has already been said. It will really come down to what's on the inventory. There is no requirement to have carpets steam cleaned professionally (even if it says you should in your agreement), only that they are in the same condition as when you moved in, excepting fair wear and tear.
Well thanks for all your answers, loads of good advise there.
To answer some of the queries, yes its a private landlady so I think its a tad more difficult to get the deposit back than through a letting agency who know the rules inside out.
However, I think the small claims court procedure could come into play here. My daughter did offer to steam clean the carpets herself and the reply was " well you could try that" all very non-comittal.
Unfortunately the new rules regarding deposits came into play in April 2007 and I think pre-existing tenancies are not covered by that.
If there is any justice in life, the landlady will struggle to get a new tenant although it being a prime spot in Ludlow . Shropshire I suppose it will soon go.
To answer some of the queries, yes its a private landlady so I think its a tad more difficult to get the deposit back than through a letting agency who know the rules inside out.
However, I think the small claims court procedure could come into play here. My daughter did offer to steam clean the carpets herself and the reply was " well you could try that" all very non-comittal.
Unfortunately the new rules regarding deposits came into play in April 2007 and I think pre-existing tenancies are not covered by that.
If there is any justice in life, the landlady will struggle to get a new tenant although it being a prime spot in Ludlow . Shropshire I suppose it will soon go.
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