Landlord asking for deposit back after returning it for mattress stains

[Emerpops]

Our Landlord sent us this message last night, we moved out over a week ago and were told everything was fine at that point.

 

None too impressed guys..I made no fuss or deduvtions for lack of cleaning but just gone to make up small room double bed and just realised you turned memory phone matress which covered in 'stains' ! New mattress will be certainly to tune of 150...I trust you will send this promptly! Rosie

 

Implying that I flipped the mattress deliberately to hide "stains" (a glass of wine spilt during a tough essay time). This was not done, I left it on its side when we left the flat.

 

can anyone advise on how we should proceed and where we stand?

 

Thanks in advance

[Bazooka Boo]

Well, you could just walk away and ignore her, or come to some agreement with her?

 

If she wants the money then she would IMO need to go through the small claims track.

[BankFodder]

I would suggest that you start off by asking for photographs of the stains in question.

 

Secondly, if you are putting your hands up to a glass of wine onto the mattress, it may actually produce a stain which could be unpleasant to other people who are thinking of taking the room. In that case, I can see that the landlord has a point.

 

Start off by getting the photos and then let's see what happens.

 

In future, I suggest that you take photographs of any mattress when you go into a new property and again when you leave the property. In fact you should take photographs of the entire property both at the beginning and also at the end of your tenancy.

[ericsbrother]

how old was the mattress in question? It could well be at the end of its serviceable life anyway so asking to pay for a brand spanking new one may be a bit of a cheek in the first place. However, if it was new(ish) then LL is right, the mattress would be unfit for letting purposes but I would seggest that LL's dont pay £150 for one, they get them cheaper than that from certain discount stores.

[Emerpops]

I don't deny a stain, nor that it was caused by myself so that is clear.

 

the mattress was also in good condition when we moved in, I don't dispute that.

 

Where my problem lies is firstly- from what I gather law doesn't dictate I have to pay for a new one, simply for a similar standard of mattress. Anything else is "betterment" and considered against the law.

 

Secondly she can't just make up a figure, I would like a receipt and proof of purchase.

 

Thirdly professional mattress cleaners can be hired for around £20 and surely this should be tried first?

 

From her tone and method of approach i'm tempted to just ignore her. We don't require her for a reference and I really don't like her attitude towards us.

[mariner51]

LL does not have to provide invoice or photo's to T, whether requested or not. Does not even have to have any remedial action undertaken, s/he is claiming compensation for 'loss of rental benefit'.

All that you suggest, cleaning, replacement etc was in your power to attempt, before end of T.

 

 

How much does equivalent new mattress cost on Google and how much is LL demanding?

If you were moving in to new flat (same rent etc) and saw similar stained mattress, without knowing what caused the stain, would you accept it, or require LL to replace it/reduce rent?

[Emerpops]

Well, maybe in America haha.

We give tenants more protection than that over here i'm afraid.

[mariner51]

I have been 'over here' all of my life (Brit citizen); been a UK LL (PRS) for last 20 yrs and hopefully familiar with most UK LL&T legislation.

Which of my advice do you think is wrong?

[Emerpops]

The idea that a Landlord can demand a certain amount of money without any proof of damages. That there is no need to attempt to remedial action.

If there was a mark on a cooker a Landlord cannot simply charge to buy a whole new one, it's not the way things work- They have to take reasonable steps to fix the problem before they replace.

[Bazooka Boo]

OK, it seems you have made your decision, but don't be surprised if she does chase you through the small claims court for recompense.

[ericsbrother]

OP, your problem is that there is such a thing as "loss of amenity" and if the LL has to lose a week's rent because they are busy chasing up a new mattress then they can claim that from you, as well as the cost (or a proportion of it) of the mattress.

My ex-wife worked for the lawyers that brought about that bit of case law and it bankrupted the company that thought it was just hokum.

[Emerpops]

I haven't made my decision,

 

I have offered to pay (and arrange) to have the mattress professionally cleaned and to see if the results are satisfactory, and rediscuss after.

 

their are currently tenants in the property so as I understand it this shouldnt be a concern.

 

My problem is that she has just decided a figure of £150 without having replaced the mattress or giving me any evidence of purchase. I don't understand how in any court of Law this is acceptable?

[Bazooka Boo]

Right, now we have a bit more information.

 

So have you got a record of offering to have this mattress cleaned?

 

Write to her asking for proof of how this figure has been made up, be it a receipt for cleaning or a receipt for the new mattress.

 

I quite agree, that just to pluck the figure out of thin air is not on, and she will have to prove any loss she occurred to the court.

[Emerpops]

I have record of offering yes. As soon as she complained about the stains I replied offering to have this done and pay for it (as well as saying we could rediscuss after seeing the results)

 

My fear is that if I ask for a receipt for a new mattress that she will just go and buy an expensive one and hit me with the bill.

[Bazooka Boo]

Which is why you simply ask her for proof of this £150.

 

Was that the deposit amount?

 

And is this a private LL?

[Emerpops]

The deposit was already returned to us. She inspected the property (after me and my friend had vacated) and declared everything fine at that point. Obviously if she had the deposit I wouldn't contest anything!

The problem is now it's been returned i've used it for my next place and I am not rich enough to just lose £150. Especially when a £20 professional clean may well suffice.

 

Yes private landlord

[mariner51]

LL can sue you for £150 in SCC, where she will have to justify her proposed deduction with ref to move in/out condition reports and estimate of 'unused' life expectancy, which the Court will consider and arrive at a 'loss value'. You may be asked how the damage occurred.

LL has 6yrs from date of 'request' to sue you. She made a mistake in returning deposit before carefully inspecting property, still does not prevent a claim.

 

 

Have you asked a prof cleaner how much it may cost to remove a red wine stain from a memory foam mattress or priced a new one?

 

 

A recent report from PropertyLet by Us.com reveals that repairs to property is the 2nd highest stress factor(40%) for LLs, after rent arrears (41%).