View Full Version : Tenant having moving out / deposit headaches

15-04-2008, 15:56 PM
Advice / comments welcome please...

We've moved out of a rented property we've occupied for the past year.

We had the check out meet at the end of last week. The house has been racked with damp / mould problems that both agent and landlord have ignored for the period of the tenancy. We made it clear that at the meet we'd be showing the extent of the problems; these were much more evident when the place was clear of furniture.

I had the place professionally cleaned, although I asked the contractors not to touch the damp / mould. I had carpet cleaners come to quote but they said it was not worth it: the carpets being mouldy at the edgs and in worn and shabby condition. Circa 1980's and they came with the house when the landlord bought it. The landlord also told me that she'd be replacing carpets anyway when I moved on. But in any case I used my own carpet shampoo machine to work on the main walk through areas ... I thought it would look better.

The agent ignored all the damp issues. And every other problem we brought to his attention over the period of our tenancy.

Instead he focussed on the wet carpet (I only cleaned the night before and they were not dry). He said this sodden wetness was my dogs urine. I explained that this was ridiculous: even if they were not house trained my dogs had been out of the property for over a week. No, he said and furthermore he stated that the dogs had ruined the other carpets by pulling them with their claws. Again, every carpet in this house is cheap circa 1980's. I The carpets were pulled up and I was shown stains on the floor that I was told due to my dogs. I asked him how he could prove they were my dogs ..... the owners before us had had dogs all their lives.

The bottom line is that the agent has advised that the landlord is going to replace the hall and main lounge carpets and charge us for the whole thing.

My questions are:

can they do this? Even IF we were due to pay some money towards the carpets (something I entirely refute) can they 'new for old' like this? It seems really unfair - they get to make a few allegations and get a brand new carpet out of us after we've lived with a knackered old carpet they didnt even buy in the first place.

There was not an inventory when we moved in: is this going to work against us?

Finally, who is our contract actually with? The agent says that everything is our of his hands: he can only do what the landlord tells him to with regard to the deposit. Is this true?

Thanks in advance!

15-04-2008, 16:05 PM
Your contract is with your Landlord, the agent is the agent of the landlord.
If there was no ingoing inventory, then to be fair your LL will not have a leg to stand on.
IF the damage was down to you, then your LL must make a deduction from the costs of replacement carpets for age plus fair wear and tear. Bearing in mind the age of the carpets, they are probably worthless anyway.

If your LL makes these unfair deductions, then pursue him via the small claims court.
He is in the wrong!!

16-04-2008, 10:29 AM
thanks for the answer. extremely helpful.