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wotnot
12-11-2008, 13:02 PM
Help, I have a tenant who has left a property and there is a dispute over the cleanliness of the carpets. The deposit was £900 and I have used £150 to have the carpets cleaned. The tenant has flatly refused to accept the undisputed sum and wont give me their bank details (paid in 6 months up front by cheque for the rent) or a real forwarding address to send cheque.

They are saying unless they receive the full amount they will take me to the small claims court. they have refused to use the deposit resolution scheme.

Any ideas on what I should do?

jeffrey
12-11-2008, 13:34 PM
Was the deposit statutorily protected?

wotnot
12-11-2008, 14:37 PM
yes, the letting agent closed and i protected it within 10 days of receiving bond from agent (about 6 weeks after tenant moved in). Letting agent no longer exists.

Moshgan
12-11-2008, 15:02 PM
One of my friends had a similar situation. Now before lettin a tenant in he asks for some extra payment that will be used for repairing works or cleaning after the tenant leaves.

jeffrey
12-11-2008, 15:05 PM
One of my friends had a similar situation. Now before lettin a tenant in he asks for some extra payment that will be used for repairing works or cleaning after the tenant leaves.
Yes, but that's called a 'deposit' and probably needs to be protected.

johnjw
12-11-2008, 18:09 PM
Presumably you had the carpets professionally cleaned in the interval between tenants. This was necessary because the previous tenants had left them in an unclean state.
It is hard to see how the ex-tenant's claim could be successful. Are they saying that you soiled the carpets after they left? - or that you recleaned them at a cost of £150, just to be vindictive?
If they are saying that they left the carpets in as clean a state as they found them or that they should have been given the opportunity (after their leaving date) to reclean the carpets themselves - I don't think either argument is valid.
You should maintain your position. Reiterate your offer to return £750 or/and to go through the deposit resolution process. The fact that your ex-tenants have refused the latter, will count against them in the unlikely event that they take their case to the small claims court

Paragon
12-11-2008, 18:16 PM
Presumbably, you have a record showing that the carpets were clean/cleaned prior to tenant moving in and, of course, the record of the cleaning after they vacated.

wotnot
12-11-2008, 22:00 PM
yes they were brand new carpets when they moved in and I have pictures of the soiled state they left them in. The cleaners have also provided written evidence of this. I have received the bill today and it was only £80 so I sent the tenant and email and text to say I would be returning £820 (and a copy of the bill) and could I have the bank details and/or a forwarding address. They text back saying they would call me later but as usual I they have not called.

I have copies of the texts and emails they are making it extremely hard to get the undisputed sum back to them. Its as if they think that by me not paying will help their case?

I am being as fair as possible because there was actually damage to the front door and wall which I have overlooked (have photos though) just to resolve the matter.

Any advice on what to do now. I dont want the fact that I have not returned their money to go against me.