Unresonable deductions from depost

[dean1991]

Hello all,

 

From the 1st September 2012 until 31st of August 2013 myself and three others lived in a property in Belfast. It was let through Property people, who managed the property thus we had very little contact with the landlord. Of the six visits he made to the house we were only notified of two. Since moving out, the landlord has been trying to claim as much of our deposit as he possibly can.

 

before we moved out, we were told to clean the carpet as it was a brand new carpet when we moved in. We did not believe this and were later told it was not brand new and was instead professionally cleaned before moving in. Nevertheless we hired a carpet cleaner and shampoo from HSS hire and cleaned it to the best of our ability. We cleaned the entire property from top to bottom and even our letting agent upon inspecting it said was above their usual expectation for a student house.

 

the landlord disagreed with this and insisted that the carpet wasn't cleaned at all and instead hired professional cleaners to clean the house. He also claimed that the paintwork was a disgrace even though during one of his visits we notified him of the paintwork being in poor condition (mold and general grubbiness throughout) and he agreed that it needed painted.

 

He has so far tried to charge us for paintwork totaling to £450 as well as £100 for professional cleaning.

 

As far as i we are aware we were never given an inventory to sign upon moving in to the property and we are currently awaiting a copy of the contract to see if it mentions anything about the house having to be left to a professionally cleaned standard upon leaving. So my question is this, as far as the paintwork stands should it not be taken as fair wear and tear as the house had a mold problem to begin with? and in general what other advice could any of you give me on how to take this forward. We have already contacted citizens advice but got a very generic looking copy and paste email back that basically said take him to a small claims court but we don't have the funds to do this.

 

any help on this situation would be much appreciated

[mariner51]

Lack of replies may relate to less knowledge of LL&T law in NI.

 

Opinions of cleanliness vary greatly between LL & Ts. Did the deposit need to be protected in an Approved Scheme? Was it? Who did move in/out inventories?

 

So long after end of T, then Shelter advice is prob only option. SCC action is approx. £100 in up front Court fee (£25 ea) which LL will have to pay if Judge decides in your favour.

LL will also have to show his deductions are reasonable, usually by providing move in/out inspection reports.

So when asked what you want for Xmas ask for SCC fee.

[stu007]

Hi

 

This link from the NI Housing Executive may be of use: http://www.nihe.gov.uk/search?q=private%20landlords%20deposit%20scheme

 

Also on Tenancy Deposit in NI:

 

Your tenancy deposit

A tenancy deposit is money which your landlord may ask you to pay when you start to rent a house, as protection against damages to the property or for unpaid rent. From 1 April 2013, it must be protected in a Tenancy Deposit Scheme.

 

Deposits for tenancies outside Northern Ireland or deposits paid before 1 April 2013 will not have to be protected.

 

Paying rent in advance does not count as a deposit. However, a rent deposit which your landlord holds as security against your failure to pay the rent has to be treated as a tenancy deposit and must be protected in a Tenancy Deposit Scheme.

 

Taken from this link: http://www.nidirect.gov.uk/index/information-and-services/property-and-housing/buying-selling-and-renting-a-home/private-renting/tenancy-deposit-scheme/tenancy-deposit-scheme-introduction-for-tenants.htm

 

Also check this link: http://www.nidirect.gov.uk/index/information-and-services/property-and-housing/buying-selling-and-renting-a-home/private-renting/private-rent-and-tenancies.htm

Edited November 6, 2013 by stu007