Landlord keeping deposit

19
Found 8th Jun
Hi all.

Just looking for abit of advice.


Left a property after 6years renting.
Landlord is keeping £250 off my £500 deposit.

The reason stated is that the bed mattress is ‘damaged’. What they mean by damaged is that there is a few sweat stains on the bed mattress and the landlord claims he had to replace for a new one, hence the £250 he is trying to keep.

My question is, should this ‘damage’ Be classed as normal wear and tear? Seeing that i was sleeping on it each night for 6 years !!

Also, surely the landlord should of opted to get the mattress professionally cleaned rather than buy new? Which would cost a fraction of the £250.


Anyone give any advice or have been in similar situation?
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6 years ! Landlord has to be having a laugh . So he/she expects to let a property with a 6 year old mattress!!! Dispute ,you'll win .
First you deposit has to be in a protection scheme- if it isn't straight to small claims your landlord will lose on that alone.

Second replacement of goods damaged is the value they are worth not the cost to replace - house of lords ratified this years ago - 6 year old mattress is not worth £250 pounds. The alternative dispute through your deposit protection scheme is the route to go there.

Edit: you updated in protection scheme as responded house of lords stipulated landlord were not to materially gain and use the tenants deposit as a new for old insurance policy. So the amount he is due at most is the second hand price of a 6 year old mattress- that was if it was new then (receipts required). Wear and tear also a consideration - that would be a call the adjudicator would make.
Edited by: "Bertz99" 8th Jun
Original Poster
mutley19th Jun

hope you get your money back. i would be interested to know the outcome …hope you get your money back. i would be interested to know the outcome of the dispute so do come back and update us.


Update: it went in my favour. Landlord failed to prove the evidence that i damaged the mattress and i have been awarded my deposit back !
19 Comments
Original Poster
Forgot to add....Landlord has no pictures of the mattress from before i moved in and neither do i.
Original Poster
karlie888th Jun

Are they quite noticeable yellow sweat stains? Maybe the landlord thinks …Are they quite noticeable yellow sweat stains? Maybe the landlord thinks it's wee-wee/pi$$/urine/whatever term you use?Did the landlord put the deposit in a protection scheme? If so, you can dispute the claim via the scheme.Personally, I'd replace the mattress myself (new double bed mattresses are under £100) or get a good quality used one from ebay/gumtree and ask the landlord for the full deposit back. If you're lucky, you may find a free one on freecycle.


They are VERY light stains and very small, about 3cm x 3cm each.

It is in a protection scheme and i have responded to the claim. Im just wondering what the likey outcome will be.
6 years ! Landlord has to be having a laugh . So he/she expects to let a property with a 6 year old mattress!!! Dispute ,you'll win .
First you deposit has to be in a protection scheme- if it isn't straight to small claims your landlord will lose on that alone.

Second replacement of goods damaged is the value they are worth not the cost to replace - house of lords ratified this years ago - 6 year old mattress is not worth £250 pounds. The alternative dispute through your deposit protection scheme is the route to go there.

Edit: you updated in protection scheme as responded house of lords stipulated landlord were not to materially gain and use the tenants deposit as a new for old insurance policy. So the amount he is due at most is the second hand price of a 6 year old mattress- that was if it was new then (receipts required). Wear and tear also a consideration - that would be a call the adjudicator would make.
Edited by: "Bertz99" 8th Jun
Original Poster
Bertz998 m ago

First you deposit has to be in a protection scheme- if it isn't straight …First you deposit has to be in a protection scheme- if it isn't straight to small claims your landlord will lose on that alone.Second replacement of goods damaged is the value they are worth not the cost to replace - house of lords ratified this years ago - 6 year old mattress is not worth £250 pounds. The alternative dispute through your deposit protection scheme is the route to go there.Edit: you updated in protection scheme as responded house of lords stipulated landlord were not to materially gain and use the tenants policy as a new for old insurance policy. So the amount he is due at most is the second hand price of a 6 year old mattress- that was if it was new then (receipts required). Wear and tear also a consideration - that would be a call the adjudicator would make.


It is in a protection scheme, its that what i have responded to the claim.

Wouldnt even mind, the mattress isn’t even worth £150 new.

Just hope i win the case.
After 6 years he should have expected to replace the mattress anyway. My last landlord was always crying poverty so I worried about getting deposit back, so in the last month I told him I would not be paying the last month's rent to make us even with the deposit, he agreed for some reason so that took the worry any worries about having to chase him for the deposit.
SteMoss17 m ago

They are VERY light stains and very small, about 3cm x 3cm each. It is in …They are VERY light stains and very small, about 3cm x 3cm each. It is in a protection scheme and i have responded to the claim. Im just wondering what the likey outcome will be.


No idea what the outcome will be. We recently changed our 7 year old mattress and it didn't have any stains on it, but then again my levels of perspiration are different to yours and everyone's different!

I'd factor in whether the landlord has been good to you in those 6 years that you've lived there. Also, are they putting in a strong argument in the claim? If they are, I'd probably counter the claim by offering to get a new mattress - just had a 1 minute search on ebay and came across a new double mattress for £60 delivered. You could probably get it even cheaper if you looked for a bit longer and tried Amazon etc.

ebay.co.uk/itm…928


If the landlord rejects your generous offer then you're bound to win the claim. If they accept then you're £190 better off/£60 worse off (depending if you're a half full/half empty kinda person).


Or as I said before, get a cheap used mattress or a free one to replace the stained one.
Should be replaced regardless... After 6 years a mattress isn't gonna be in good condition internally most likely.
If I was a new tenant for that place I wouldn't want to sleep on a mattress that is old and stained.

No point cleaning an old mattress. It does make more sense to buy a new one but I think it should be classed as wear and tear.
Original Poster
karlie886 m ago

No idea what the outcome will be. We recently changed our 7 year old …No idea what the outcome will be. We recently changed our 7 year old mattress and it didn't have any stains on it, but then again my levels of perspiration are different to yours and everyone's different!I'd factor in whether the landlord has been good to you in those 6 years that you've lived there. Also, are they putting in a strong argument in the claim? If they are, I'd probably counter the claim by offering to get a new mattress - just had a 1 minute search on ebay and came across a new double mattress for £60 delivered. You could probably get it even cheaper if you looked for a bit longer and tried Amazon etc.https://www.ebay.co.uk/itm/INFUSED-MEMORY-FOAM-MATTRESS-REFLEX-4FT6-DOUBLE-OR-5FT-KING-SIZE-MATTRESS-SALE/141832323928?If the landlord rejects your generous offer then you're bound to win the claim. If they accept then you're £190 better off/£60 worse off (depending if you're a half full/half empty kinda person).Or as I said before, get a cheap used mattress or a free one to replace the stained one.


Thanks for that.

The landlord hasnt been good tbh, But ive been good to him, repaired everything myself, left it in a a better state than it was when i moved in, on the leaving inventory it was marked 10/10 for professional state of cleaning.
Edited by: "SteMoss" 8th Jun
SteMoss7 m ago

Thanks for that. The landlord hasnt been good tbh, But ive been good to …Thanks for that. The landlord hasnt been good tbh, But ive been good to him, repaired everything myself, left it in a a better state than it was when i moved in, on the leaving inventory it was marked 10/10 for professional state of cleaning.


I'd be leaning towards a like-for-like replacement then (with no stain). There are lots of free mattresses on gumtree/freecycle so just search via postcode and find the closest one.
As mentioned previously they can't financially gain through the deposit scheme. Wear and tear and life of assets are taken into account for the claims so he will be awarded an extremely small amount if anything. Same goes for things like carpet damage etc, you pay for the part that is damaged within reason, not the entire carpet and then this is further diminished by time since last replaced as an example.
Highly unlikely a matress of 6+ years old (so possibly 7, 8, 9, 10+ years old) will have any justifiable value. Legisaltion prevents ll from betterment. File your claim for full deposit return and all should be well.
Contact the TDS and dispute the Landlord’s claim of damage and ask for the full deposit held by them to berefunded. The onus is on the Landlord to provide evidence of ‘damage’ to them. The TDS have a set time to respond to disputes and from my experience you should easily win your dispute.
Edited by: "Toptrumpet" 8th Jun
Reminds me of an episode of the league of gentlemen where the renter gets charged for wear and tear on the carpets. Would of thought the landlord would swap out the mattress themselves
I am a landlord and does sound unfair to me. If he deducts costs for any damage to the mattress, he needs to take into account its age, so if it is old but still useable and you peed on it so are pee marks every where, or your girlfriend have slashed the mattress in a rage .

£250 does sound excessive for a 6 years old mattress. you can get a new one for less than that.

the dispute scheme will make a decision for you, and they are independent so whatever outcome, it will be fair. i expect they may agree to some deduction if the landlord can show proof of damage, but i doubt they would agree that £250 is a fair deduction so you should expect some money back.
Original Poster
mutley123 m ago

I am a landlord and does sound unfair to me. If he deducts costs for any …I am a landlord and does sound unfair to me. If he deducts costs for any damage to the mattress, he needs to take into account its age, so if it is old but still useable and you peed on it so are pee marks every where, or your girlfriend have slashed the mattress in a rage . £250 does sound excessive for a 6 years old mattress. you can get a new one for less than that.the dispute scheme will make a decision for you, and they are independent so whatever outcome, it will be fair. i expect they may agree to some deduction if the landlord can show proof of damage, but i doubt they would agree that £250 is a fair deduction so you should expect some money back.


Thanks. Im expecting upto £50 to be deducted, its just very unfair. I left the house is an amazing condition, far better than it was when i moved in. I suspect he was always going to try and keep all my deposit anyway but found it hard to find a reason too because of the condition i left the house in, so the mattress was the only thing he could try.
SteMoss59 m ago

Thanks. Im expecting upto £50 to be deducted, its just very unfair. I left …Thanks. Im expecting upto £50 to be deducted, its just very unfair. I left the house is an amazing condition, far better than it was when i moved in. I suspect he was always going to try and keep all my deposit anyway but found it hard to find a reason too because of the condition i left the house in, so the mattress was the only thing he could try.


hope you get your money back. i would be interested to know the outcome of the dispute so do come back and update us.
Good advice in here.

Only thing I’ll add is that you might want to get a mattress protector as then not only will the mattress be in better shape but you can wash the protector which is a lot healthier for you than sleeping on a dirty & sweaty mattress.

argos.co.uk/pro…284

If you are someone who sweats at night, make sure you have 100% cotton bedding, not polycotton
Original Poster
mutley19th Jun

hope you get your money back. i would be interested to know the outcome …hope you get your money back. i would be interested to know the outcome of the dispute so do come back and update us.


Update: it went in my favour. Landlord failed to prove the evidence that i damaged the mattress and i have been awarded my deposit back !
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