Help? Dispute about deposit deduction

Tenant Discussion
1

I need some help.

From the get go we have had issues with our landlord.

According to them, we use the washing machine too much (4 times a week, always between the hours of 10-4 as to not disturb them).
We were given a hoover to use by them, but it was rubbish and did absolutely nothing, so we had to order a new one (shark), which they complained was too loud (on our first use, we had to empty the hoover 3 times!)
We had mould which was rectified and sorted straight away and hasn’t happened again, but we were courteous and told them about it and that it was sorted. But they constantly bring it up.
We went without hot water for 3 weeks before something was sorted, and was told that we would get compensation which they have since gone back on.

Due to everything and constantly living on eggshells we have found somewhere new and are moving shortly.

For the past year, they have complained about the state of the carpets in the main hallway. Some parts seem patchy, mainly where we walk, and they are insisting that we’ve done something to it, ie our hoover is too strong and has damaged it and they have said that they will be taking the costs of replacing the new carpet from our deposit (about £300). However, they had a carpet man here to check it recently who had said they do not think it was the hoover and it is just general walking on it as it’s not a particularly thick carpet. The landlord has said “what does this man know, he doesn’t know if it’s the hoover or not, and I’ve looked online and it’s the beater bar.” I myself have gone into Amazon and read the reviews and have found that the most common problem is that the hoover doesn’t suck enough, not that it is too powerful? We’ve had no problems on any of the other carpets (living room/bedroom). It’s a small flat and have been working from home since COVID so of course have been walking in the main hallway a lot more than the first year.

When we moved in, we were told that the carpets were brand new in, however after overhearing the conversation with them and the carpet man it’s actually 4 years old, (we’ve been here for 2 years when we move out), and that the carpet comes with a 15 year guarantee.

How would we go about a dispute, does open rent send you an email showing the amount the landlord wishes to deduct and do we get an option to dispute?

Honest to god the sooner we can leave the better. The whole thing makes me so anxious. You just cannot deal with this person without it becoming an argument.

Any help would be great.

2

In law you cannot have betterment
They can not charge you for new carpets. Fair wear and tear is a given.
If they charge you go to dispute. They will lose.
They will have to provide receipts to prove everything. The date of purchase should be documented on inventory.
The adjudicator gives carpet a life span depending upon quality and on average it’s in the 5 year range

3

Just decline any unreasonable demands against your deposit and ask for the deposit scheme Alternative Dispute Resolution.

1 Like
4

So, do you rent a room in the landlord’s house? Or is it a self-sustained flat?

5

Open Rent do not hold your deposit.

Your deposit should be lodged with a government scheme and you should have been given details of where the deposit is.

You need to contact them and tell them you do not agree.

They have a free arbitration service.

From what you said it sounds like wear and tear and it would be on the landlord to prove it was damage.

1 Like
6

It’s a maisonette. We live upstairs and they live downstair, but separate entrances

7

If its a converted property then you don’t have an AST because of the landlord living in the same building. More likely an occupier with basic protection. Your landlord is not obliged to protect the deposit in this circumstance, so you would need to sue them if they behave unreasonably. If these are two purpose built flats, the above doesn’t apply.

8

I think you can put it down to opportunism. Take photos befire you leave. The other complaints are total rubbish. Cover yourselves before you leave. The closer up the photos the better as it tells a lot of stories.

9

Thank you, we’ve taken lots of pictures, which we have sent to carpet cleaners, carpet manufactors and the hoover makers and all of the responses we have had back sound in our favour! So fingers crossed

10

Your deposit has to be put in a deposit protection scheme by law. If they havnt done that then they are breaking the law and you will get your deposit back. As its a maisonette it is not a rented room ie lodger so yiu shoukd be on a AST or again they are breaking the law. They should have informed you when they protected the depisit as would the deposit scheme themselves. Sounds like they have not done this. Ask them for your deposit in full or you will report them.