help required please - deposit dispute

[Luke_85]

Hi all, first post, so be gentle with me

 

My girlfriend and I have just moved out of the flat we have been renting for the last 6 months or so. Today, I received a call from the agents saying that they are withholding the deposit due to 'a mark on the carpet'.

 

We have not caused this mark, we are sure of that, however the photos we took when viewing the property do not include the area in question.

 

On pressing the agents, they said the mark was 'a lighter area, like someone had spilt something and cleaned the area'.

 

I stated that we had not caused the mark, and that I would like to arrange a meeting to discuss the issue, at the flat, so that we could view the mark.

 

I have a few questions that I would be grateful for answers to.

 

If the mark is indeed 'lighter' I think it is possible that a previous tenant has just got this bit of carpet much cleaner than the rest - is this reasonable?

 

My girlfriend took the keys in to the agents when we moved out, because they wanted to show someone round, we had moved out, and were unable to attend. When she took the keys in in she was asked to return our copy of the inventory, which she unfortunately did. This means that due to their request, I have no copy of the invetory as it was signed when we moved in - is this fair?

 

They have not mentioned what sort of figure they intend to finally withhold yet, what would be reasonable?

 

If they were to clean the rest of the carpet, to match the 'clean' mark, I suspect it would cost around £50. The carpet would then be cleaner than when we moved in!

 

When I visit the flat, I plan to compare the 'mark' with some carpet that was under the bed, or in the built in wardrobes etc, and therefore, one could reasonably assume, un used and clean. If the two areas are the same, would I be reasonable in objecting to their claim?

 

Everyone expects a carpet to get darker due to wear and tear (without cleaning), how do i stand when 'wear and tear' has been due to actually cleaning the carpet?!

 

Any advice would be greatly appreciated.

 

Thanks,

 

Luke

[Steve__M]

Initially you have to decide whether the principle and hassle is worth it.

 

For something like this they really should indicate how much they expect it to cost rather than withholding the whole deposit. They should be looking to refund immediately the bulk of the deposit while holding back sufficient (no more than 50-60 quid I'd have thought) to cover the possible cost.

 

Check your deposit is protected and make it clear that you intend to raise a dispute.

 

Point out you have comprehensive photos. You don't have to be clear that you don't think the carpet was photographed

 

What did the inventory say about the carpet?

 

Really, they have to prove the condition of the carpet from the inventory, so hopefully not having a copy won't be important.

[Luke_85]

Thanks for the reply,

 

The deposit is protected by TDSL. I can't remember what the invetory said, but am concerned that 'carpet clean' or 'carpet not marked' might appear on it between now and me seeing it again!!

[help me kick his butt]

I would keep the fact that you gave them your only inventory very quiet. Slip it into the conversation that you do indeed have a copy.

Best of luck x

[Luke_85]

but i don't, and they asked for it back, can they do that?!

[help me kick his butt]

No, I know you dont have acopy, but the LA need not know that at the moment. I would definatly questioned why they wanted your copy. Seems to me that they might have mislaid theirs or that they wanted to compare.