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Landlord witholding deposit - communal area


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Hello! Wondering if anyone can help. We have just moved out of a flat. The flat is in a converted house with two other flats. There is a communal hallway which serves each of these.

 

The landlord has not made any deductions relating to our flat. However, there is what looks like an oil stain on the stairs of the communal hallway. She claims that we are responsible because my partner owns a bike. The carpet is extremely old - probably 20-25 years old and in very bad condition. It is extensively stained and damaged. The landlord is requesting that we pay for the recarpteing of the communal hall due to the stain.

 

Can anyone advise what our position is here? The deposit is held by TDS so we can proceed to arbitration, but it would be helpful to know what our rights are.

 

Thanks in advance.

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I would start by writing to LL to produce receipts for the original carpet and say that you need this so you can calculate the depreciation and therefore arrive at a current value before considering any demand or offer for payment towards a new one.

That should knock the whole thing on the head and if it doesnt it will raise a few questions if LL does fancy their luck at telling rather exaggerated claims to TDS. If you can get back in to photograph carpet and stains then even better.

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personally if its a comunial area i would request proof that you are the party at fault, owning a bike does not prove the responcibility for stains

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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If the carpet is 20/25 years old the residual value is zero. What does your inventory check say about communal areas ? Not mentioned ? LL is attempting to improve his \ her property value at your expense. Tell them to use baking soda on the stain. It works.

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