Landlord/tenant dispute?

[sugarplum90]

I moved out of rented accommodation over a 1 month before my contract was up, cleaned the room (which landlord checked), locked the room and handed my keys back. Other tenants who I shared with were still living in the accommodation.

However, when the contract ended this month and all house checks were completed and marked against the inventory, the landlord has argued that the marks on the mattresses have changed from light marks (when moved in) to dark marks when moved out.

As the mattress was in a state when I moved in, I slept on the least marked side with a mattress protector on and I never spilt anything on the bed. Sadly though I never took any photos as proof that it was damaged originally.

The landlord is stating that I have to replace to mattress due to these 'now dark stains'. But I disagree as not only did I not damage the mattress in any way, but how can he tell that they are now darker as he has no photographs or a colour chart.

Whilst I was in the room handing over my keys, he asked if I had ever flipped the mattress and I said no (as why would I want to sleep on the dirtiest side) and so I think he has flipped the mattress before the inventory, (after I had left) to present the idea that I have damaged it further.

I don’t know how old the mattresses were before I moved in, but they are at least 4 years old as they were not new when I moved in.

Can I argue this or am I liable to pay for damage I haven't done?

I can't afford not to get all my deposit back.

:(:( please help :(

[sandyRoe]

Tell him if he doesn't return the deposit you'll take him to the small claims court.

[mumsie_wumsie]

Surely if the landlord checked your room when you moved out and it was all OK then,he hasn't got a leg to stand on trying to get you to replace the mattress. Stick to your guns, he can't possibly win....Good luck...

[TonyV]

take it there was no signed agreement when you left - you should have asked for this - a lesson for the future. You will just have to tuff it out with him

[RAV1D]

Never give your keys back until landlord hands over deposit,or make sure you have a copy so that if you don't get it back you can get what is worth your deposit from the flat! all you can do now is maybe slash his car tyers or smash the window in the night. He has no right to hold back the deposit over a 4 year old damaged mattress that should be chucked out anyway before you moved in,It's health and safety,You could pick up any germs off a 4year old mattress.

[snags]

''I can't afford not to get all my deposit back''

Not ideal or fair but... stump up for the cost of a new, cheap (or clean second hand) mattress (substantially less than losing your whole deposit)...

[bednobs]

you could always look on freecycle for a double matress

[muchlovex]

Your deposit should be protected (this is a law requirement). Ask your LL who it is protected with. If it's The Deposit Protection Scheme, they will handle any dispute.

Good luck

[carmalee]

check the landlord put your deposit with The Deposit Protection Scheme - this is required by law and they will mediate in any dispute - I gather when you left and handed over your key you didn't get anything in writing to say all was well?

[muchlovex]

If he hasn't protected your deposit within 14 days of start if tenancy, you can take him to court for 3 x monthly rent. Find out, if not threaten him with that.

Make sure you keep copies of letters you send to him, as this would be required as evidence.

[BagPussAA]

If he has put your deposit with the DPS the fact that you have no evidence will not matter. I recently had a dispute with a previous landlord over the return of the deposit as they said that the cream carpet needed replacing as it was dirty (it was not new when we moved in and we had lived there 6 years!). We left the dispute in the hands of the DPS and got all of our deposit back. The main thing in OUR favour was that they had no proof of what it looked like when we moved in so could not prove we had damaged it. Stick to your guns tho and don't let him off the hook.

[Twenty20]

If it's as you've said here then I would write the LL a letter explaining that he has already checked the room and found it to be ok. The LL can't charge for fair wear and tear anyway and what you've described here would, at worse, be fair wear and tear.

Also, if the deposit is held in the DPS or similar then it's only the sum of money for any damage to the mattress that would be withheld initially whilst in dispute. The majority of the deposit would be returned straight away.

From what you say though, it would be very hard for the LL to prove any damage unless he has strong evidence of before and after condition of the mattress.

Write to him, explain that you will contest any deduction and I expect he will back down.