Letting Deposit Dispute Advice

    Hi there everyone, i need some advice xx

    Just moved out of a house that i have been renting for just over 4 years. I have had monthly checks every three months and never had any problems. I have just moved out and now the Landlord is complaining. He says that he wants all the carpets cleaned and the walls repainted even though in my third year of renting the ceilings in the front room and dining room fell down creating dust and muck that spread through the house. I had to live like that for a month whilst the ceilings were fixed and he never offered any alternative accomodation.
    The letting agents are saying that my inventory is useless as it only indicates OK for things like carpets and walls, woodwork etc (they say the guy who did it, who has left the company didnt give enough detail so they cant go by it) eve though i paid an administarion fee to ahve it done.
    He says that the shed needs fixing (this is not on the inventory) as some of the felt blew away in the winds (We collected the shed and erected it for him as he was ill at the time) in our own time and at our own expense without even a thankyou.
    They said the cooker needed cleaning, which we have since steam cleaned. and now hes holding onto our desposit for decorating and new carpets.
    My deposit is with the DPS but is it worth the hassle and do the DPS always go with the Land Lord?


    Shell x


    sounds very similer to my sisters, she had same prob, she gave notice that she was moving out(1 month) as agreed by landlord) when it came to getting deposit back he said roughly same thing he wouldnt budge at first, but when sis threatened with legal action, few days later he gave in, just a way to get the last bit of cash of you by sounds of it, to cover the month while they look or advertise for new tennants, hope it works out for you anyway

    Original Poster Banned

    Yeah ... Best of it is we gave nearly two months notice and had a few viewing when we were there. Trouble is the house has only coal for heating (No Central Heating) and nobody is interested in that now days. Its like living in the dark ages.
    How are you supposed to keep carpets clean with ceiling collapsing and carring buckets of coal through the house every day????? and there cream carpets.


    check your tenancy agreement, most drawn up by letting agents are faily standard and state that general wear is acceptable, however you have an exceptional case where the roof caved in becuase of what will be deemed as his neglect and should therefore be his problem, infact you should have been the one asking for the carpets and walls to be done following the inccident.

    I had this a few years back book in for some legal advice most places give the 1st consultation free, once they hear from the agency you have it booked then they will probably give in, put all the problems in writing just a list of what they want and a short reason as to why you are not willing to pay it.
    When you move into a new place take lots of photos and get the agency to meet you at the house before you move in with the pics and get them to sign the back of the pics and have it added to your contract that they have done this.

    Original Poster Banned

    We are letting from our parents now so this wont be a problem .... Just gets me so mad because if we were that bad tennents why did they let us let the property for 4 years and renew our contract every 6 months.

    Do you think i have a good case with the DPS?


    Try posting your problem on MSE. There is a specific forum for houses renting & buying. There are loads of experts on there who will tell you which laws, etc to quote

    The DPS is a scheme specifically set up to protect both Landlord and Tenant. As a landlord, I have experience of this. However, as a solicitor, the law states clearly, as should your tenancy agreement a couple of things. Firstly. As the tenant, you are required to leave the property in as good a state of repair as when the properrty was first let. With respect the roof collapse earlier. While it was the landlords responsibilty to fix the roof and clean the property immediately of debris.(and possibley offer you renumeration for the inconvenience) it was your responsibility to not distribute any debris or dirt around the house, whether intentional or not. Therefore, if the carpets in the specific rooms are unclean. This is his responsibility. Any other rooms, are yours to leave as you found them. It is important to point out, that "unclean" is not "wear and tear". As far as the shed is concerned. When you let the property, it is implied that you have usage of the whole property, unless specifically stated on the tenancy agreement. However, it is the duty of the landlord to keep the property in good repair. So, if we look at when the ceiling collapsed. It was his responsibility to repair the ceiling and, lets assume paint it to return it to in "good repair". If we apply the same principles of law to the shed. It is still his repsonsibility to a. Rebuild it and b. keep it in a state of good repair. Therefore you are certainly not liable for that.

    My advice would be to write a strongly worded letter. Detail all the points that you feel are unfair. State that you are not responsible for certain events ie the shed, the carpets in the rooms affected by collapse. State very clearly that you want a response in writing within 5 working days and that if he has not done so, you will make a claim to the DPS. Also, remember this. He cannot have the deposit back unless you agree. You are also entitled to any interest accrued on that deposit. Essentially, the money is yours. Although you do have a legal responsibilty to the landliord to leave his property in the same state as you found it.

    Hope this helps.

    We moved in December as the house was just awful we had only been there 5 months. It needed a lot doing to it which the landlord had promised would be done but didnt, some parts of it were unsafe and when we 1st moved the entire garden was full of dog poop even though they knew we had a baby and the entire house was soooo filthy. Anyway we moved out and they refused to give us the deposit back because the oven was dirty! I ended up asking my mum 2 phone them she had a right go lol and then threatened them with taking them to court and telling them how pathetic they were after all they put us through and 10 minutes later we got a phone call back saying come pick the deposit up. Try it lol
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