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View Full Version : Am I right? Quick question pls?



Chappers
08-05-2007, 12:42 PM
Hello there,

I have what I think is a simple question that I'm hoping someone here will know the answer to.

Bit of a long story but I shall be brief.

Tenant basically bullied me into agreeing he could have his deposit back on day of departure (else there was the underlying threat that he couldn't move out). I met him at the property on day of departure with his deposit in cash. I had an inventory clerk with me for 'check-out' (same one as 'check-in')

The place was in an OK state apart from stinking of dogs. He told me a few months ago they were 'family pets' and 'just visited' - but I did know about them.

It was agreed that the smell would come out with prof. carpet cleaning. So I took £150 for that and another £70 to replace and fit a new rubber rim to the washing machine which he had let go mouldy.

The rest of his deposit I gave back in cash and we signed the check-out schedule.

I had the carpets prof cleaned, the smell did not come out, various opinions suggest the dogs had been urinating. So I replaced the carpets to the tune of £570.

Tenant in the meantime has been chasing for receipts for the cleaning and washing machine. Latest letter threatening seeking legal advice. I did write to back (cc'ing his father who was guarantor) saying I had bent over backwards etc etc and actually they owed me money for new carpets but no joy. My guess is they have done this before.

Basically my question is this - can I use funds put aside for the washing machine for the carpets? He is saying the carpets have nothing to do with him as we agreed only cleaning was required at check-out. He is pushing for a receipt for the washing machine repair. Can I go back and say 'get stuffed' I'm using washing machine money for the carpets which you ruined?

Appreciate any help as this bloke is driving me mad :mad: .

Thank you

Chappers
08-05-2007, 15:30 PM
bump .... I know I've been a fool and prob don't deserve any help, but does anyone have any idea about this?

Citizan's advice no good. No tenancy insurance as father guarantor. It's a weird one I know.

Esio Trot
08-05-2007, 15:53 PM
Dirt and filth is not "fair wear and tear", so should not be your expense.

However you are not entitled to betterment, so you won't be able to claim for the full cost of carpet replacement.

Get a letter from your cleaning company to say that despite their best efforts, the smell is still there and that they advise carpets are replaced.

There is a formula to work out the tenants cost of replacement. Do a search and you'll find it on this site.

Chappers
08-05-2007, 16:31 PM
Thank you for replying :)

I think my problem is I'm not entitled to any additional monies from the tenant as the 'check-out/inventory' was signed off and agreed when he moved out. My dilemma is whether I can direct funds agreed with tenant (and taken at check-out) from one problem to another.

Or is he right in saying that as I agreed on check-out that cleaning would suffice, the fact I had to replace the carpets is nothing to do with him. I want to divert £70 from damaged washing machine to the cost of replacing carpets.

Appreciate any poss help as I have a nasty feeling if I go back with 'tough' there is no receipt for washing machine as I've spent it on carpets he will take me to small claims.

It really is ridiculously petty ... have learned my lesson big time. 'play it by the book even if you think you are being helpful'.

Paragon
08-05-2007, 17:39 PM
Send him the receipt (copy of) the carpet replacement and request that he reimburse you. Send him a receipt for fixing the washing machine signed by you. You did the work yourself, didn't you?

Did you give him anything in writing to say what the deductions were for? If not, he has about as much chance as a rabbit in a tug of war with a Rotweiler.

Chappers
09-05-2007, 08:44 AM
Thanks Paragon,

No, I haven't fixed the washing machine as I'd rather take a hit for that and use the money I do have from his deposit for the carpets ... can I do that?

Yes - it was written on the check-out inventory what the deductions would be used for.

I could do the work for the washing machine myself, but I'd have to buy the part needed which is what he is after a receipt for.

Apologies this is so ridiculous. If I can use the washing machine money for the carpets I shall tell him to get stuffed and take me to court if he wants, but if in law, I can't and it has to be used as initially agreed at checkout, then I will take a different route.

Chappers

RichieP
09-05-2007, 12:05 PM
But surely you've got to fix the washing machine at some point? Is it really worth the hassle over £70?

paul_c
09-05-2007, 12:25 PM
My view is that if you've agreed £150 for the carpets then that's all you can charge. Give him a copy of the £570 receipt. You should use the £70 to repair the washing machine as that is what you're charging him for.

You made a mistake at the check out regards the carpet, that's not his fault. You need to be able to supply a receipt for the repair of the washing machine, that's only fair, it's what you agreed.

Chappers
09-05-2007, 15:04 PM
Thanks guys - really helpful. Not what I wanted to hear but helpful :)

No - I don't need to fix the washing machine. I'm going to sell the property. I was extremely naive and believed him when he said his dogs hadn't wee'd all over the carpets. Never again and lesson learnt.

Thanks again ...

Chappers