Landlord Unfairly Deducting From Deposit - Help Please!

My landlord has proposed deducting £150.00 from my deposit for stains on the carpet which I can prove were there when we moved in; you can even see them on the inventory photos HE took lol.

I also know that he charged the previous tenant for those same stains and threatened her with court for more.

I know it’s a small amount but it’s the principle; he’s basically a professional conman!

He didn’t do an inventory when I moved out, I did the handover of the keys to the new tenants myself and they reported to him the flat was in good order other than the stains.

Now that I’ve challenged him, he is not responding to me, other than to say he will be inspecting the flat next week, by which point his new tenants will have already been in there for almost 2 weeks!

If he does an inventory now and finds more things to charge us for (because I have no doubt that’s why he’s now decided to inspect), does he have a leg to stand on given he didn’t inspect before the new tenants moved in and the condition of the flat is now their responsibility?

I would also point out that I took photos and a video before I Ieft showing the flat in perfect condition apart from the stains.

I’m potentially looking at a deposit scheme dispute or, worst case scenario, court so I want to know what chance I stand of whatever he throws at me!

Thank you so much :slight_smile:

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He has no chance of the deposit scheme agreeing to a deduction based on what youve said. Just keep disputing everything. Was the deposit protected and the prescribed information served to you within 30 days?

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Amazing, thank you so much!

Can I ask is that because I have proof we didn’t cause the stains or because he didn’t do an inventory before the new tenants moved in? Just wondering if he has now forfeited his right to make any further deductions because of that.

Yes, the deposit is protected; he did everything by the book but he’s a litigation lawyer which is obviously quite intimidating in a dispute like this!

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The deposit is considered to be the tenants money.

The landlord has to prove what he’s saying and it would appear he doesn’t have this proof.

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Did you take any photos or videos as proof when you moved out? If not you should start doing so - and take your own photos/videos when you move in as well just to be safe. With smart phones it’s easy and free to do this.

So if you do have photos from when you left that helps provide extra evidence that any new damage wasn’t from you. Just to save you some peace of mind.

It will be incredibly difficult for him to prove anything was damage you caused vs the new tenants.

Both you and the new tenants can just point at each other and I imagine any court will tell the landlord he failed to uphold his own responsibilities and it’s his own fault that he’s got no proof one way or the other.

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Thank you all so much for your replies, I didn’t have to go a dispute in the end, he gave me the entire deposit back! He must have realised I had more “evidence” than him.

But you’re absolutely right Ryan 42, DOCUMENT EVERYTHING.

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The way our landlord did the inventory it had the option for us to add notes - and since we’re having issues I went in to check the notes I’d added. I can’t find them! Didn’t keep a record of them myself, definitely kicking myself for that.

Most landlords are honest and ethical but sadly some aren’t so we’ve got to take steps to protect ourselves.

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Our inventory was just a folder full of photos and videos. The best part was that you could see the stains he was trying to charge me for in them lol.

I think the pièce de résistance, however, was me telling him I know he charged the previous tenant for the same stains (and more) and our neighbour had put us in touch.

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Great neighbour! May be worth making sure they have your number or email for when the landlord pulls this on the next tenant.

Hopefully he’ll finally replace the carpet.

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