Letting agents trying to charge for a tear in carpet that wasn't there when we moved out!

R.O.S.S.I

R.O.S.S.I

R.O.S.S.I

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Hi all, just after some advice really, my girlfriend recently moved out of a house with 3 of her friends. All was fine and dandy, house was left in a spotless state, everything cleaned inside and out.

The house is a 3 floor town house which has bedrooms on all floors - they agreed with the letting agent to take the house on the proviso that the letting agent/landlord move the couches from where the lounge was at the time on the first floor, down to the room on the ground floor so they could use the bigger lounge room as a bedroom.

Basically they've just received an email saying that the house was fine bar a rip/tear in the lounge carpet (downstairs) which they are deducting £200 from their deposit and have already instructed a carpet fitter to put a new carpet in.

Now they've sent 4 small images which show the tear in the middle of the room. The tear was not there and its clear that the landlord has made this tear whilst moving furniture from the lounge (downstairs) back up to the original lounge (on first floor).

I'm just wondering where we stand with something like this, and how best to fight it?

The pictures even show the couches not in the room anymore and is blindingly obvious that the landlord has made the tear themselves when moving the furniture - but they are trying to recoop the cost through us because they've been a numpty!
 
Sorry to be the voice of hindsight, but did you take pics when you moved out? I always do this, and video the flat, to show the current state. If not then your pretty much done for.
 
When moving out there should have been a check out with the agent, surely this would have picked up the rip? If it's not mentioned on the check out report then it wasn't there or the landlord needs to take it up with the agent for not recording it.

Also, the deposit should be secured and money being taken from it should be agreed to before being released to the landlord/agent.
 
The letting agent didn't ask for an inventory check when they checked out (or arrange to meet them at the property to check out), they just asked that it was clean and tidy and in the same state it was when they moved in, which it was (several witnesses) who helped move things out that day.

They just asked they return the keys on the last day to complete the check out.

The deposit is in the deposit scheme so am I right in saying my girlfriend can contest them taking the money?
 
robskinner said:
Was there an end of rental inspection done?

If so then should be fine.

If not, why not?
They should not have allowed other access before they completed their inspection to the landlord or anyone else.
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There was no end of rental inspection. They just asked the keys be back at the letting agents office before close of play on the last day of the tenancy.
 
Morba said:
When moving out there should have been a check out with the agent, surely this would have picked up the rip? If it's not mentioned on the check out report then it wasn't there or the landlord needs to take it up with the agent for not recording it.

Also, the deposit should be secured and money being taken from it should be agreed to before being released to the landlord/agent.
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I would have expected there to be a check too.

The thing is, in the pictures you can see that the furniture has been moved, and we were told not to move the furniture in the room as the landlord would be doing it.

So its blindingly obvious they've messed up trying to move the furniture and are trying to pin it on my gf and flatmates!
 
She can contest it but unfortunately will drag on as it will basically be them saying one thing with no evidence, and the landlord/agent saying another with their "evidence".

I think if I were in their situation, I'd contact the agent saying that I'd filmed/photographed the flat on the day I moved out, the tear wasn't there and the reasons why I suspected the landlord had caused it, hopefully calling their bluff will be enough to get them to drop it, and fingers crossed they won't call her bluff!!
 
R.O.S.S.I said:
There was no end of rental inspection. They just asked the keys be back at the letting agents office before close of play on the last day of the tenancy.
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Never ever do this, always arrange for them to come around and sign the property off and you get the signed paper and they get the keys.

As this wasn't carried out its your word against there's and all you can do is ask deposit scheme to make a ruling.
 
Orangest said:
She can contest it but unfortunately will drag on as it will basically be them saying one thing with no evidence, and the landlord/agent saying another with their "evidence".

I think if I were in their situation, I'd contact the agent saying that I'd filmed/photographed the flat on the day I moved out, the tear wasn't there and the reasons why I suspected the landlord had caused it, hopefully calling their bluff will be enough to get them to drop it, and fingers crossed they won't call her bluff!!
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I wouldn't do this, they will say "OK fine send them over" (and probably wonder why you didn't in the first place). Then you will end up looking silly/like a liar when you say "Oh, actually...".
 
Tell them you want to contest it. And ask them for proof that the damage was there while you were still residing in the house. They don't have any as they neglected to do an inspection.

You win. Maybe
 
Hmmmmm, not impressed really!

Do you think its worth speaking to CAB? What about asking for a date/time of all viewings of the property by the letting agent.

Surely someone from their company would have noticed this large tear in the carpet during the viewings with other potential tenants? And even more so could prove that it was done after the move out date if they have shown people round after.

Or am I clutching at straws?
 
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Problem is that the house has been (apparently) had access to by a 3rd party (ie not agency or tennants) between the tennats moving out and the agency doing the inpection.

I would ask them, when they did the end of lease inspection, advise them in writing that there was no tear there when it was vacated and you reject their claim for compensation. Ask them also why you were not invited to attend the end of lease inspection.

Worth reading http://www.depositprotection.com/documents/a-guide-to-tenancy-deposits-disputes-and-damages.pdf
 
Thanks robskinner for that link, going to take a look.

Im going to find out what you've said, im also going to find out if the furniture was in the room when they did the inspection as if it wasn't then it proves outright that the land lord has been in and moved the furniture around.
 
Contest it.

The agent accepted the property back in whatever condition it was left. The landlord then entered the property. There is no reasonable way that it can be proved you caused the damage.

It's effectivley your word against his and no TDSRA should find in favour of the LL.
 
RationalGaze said:
If you didn't take pictures before you left, you only have yourself to blame. You can never really trust another human being.
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Is the right answer, it never ceases to amaze me how stupid people are with things like this. Losing a 800 deposit will sharpen the mind for next time.

To the OP - If you had a signing out inspection and you got the all clear then you have the legal righ to your deposit back. If the landlord didn't put the deposit into a deposit protection scheme (DPS) then you cna take them to the small claims court for 3 times your deposit plus legal expenses (England and Wales only)
 
Had a similar issue when we moved out of a rented house a few years ago. Landlord tried to tell us the kitchen door was off it's hinges and needed to be repaired. I know the door was absolutely fine when we left, however the cost was minor so we agreed to go halves and just be done with it.

In your situation I would stand firm. They didn't do the proper check-out inspections so it's your word v theirs.
 
Those people who say "take pictures" and "video the place"... really? A video/picture is going to show up a small tear on the carpet? Surely you would just go into each room with a camera and generally video the place/take pics. How are you going to show that surfaces are clean from a picture unless you take thousands? How can you guess how these dirty letting agents and/or Landlords are going to stitch you up? You can't really account for everything with a pic or vid, and certainly not some of the things they like to try to catch you on.

The favourite is always carpets. The general cleanliness of them. Most places like to try to get you to get them "professionally cleaned" usually via their "preferred" cleaners. aka, the ones they get commission off for giving them business.

Another one that comes up a lot is the oven. They love to get "professionals" in to clean the oven and often charge £50-£100 for this.

I've seen "general clean" used before where they have hired "professional" cleaners to come in and do nothing different to what the tenants had done anyway.


This just happened to my friend. He left his property absolutely mint. He hired a carpet cleaner, spent ages cleaning everything including oven and then got a letter from his letting agent that basically said they were taking £350 for various things. Carpets was one, despite that they were mint, which is very puzzling. Oven clean despite that it was mint. I'm talking...spotlessly mint. Also "general clean" was listed. The best thing of all though... replacing a knob on the washing machine (which was broke when they moved in anyway) at a cost of £90 < not a joke.

He is currently disputing every last penny.

Why do they do it? Why is there a need to be a **** if you are a letting agent or a landlord?
 
jaybee said:
Why do they do it? Why is there a need to be a **** if you are a letting agent or a landlord?
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It's not being a ****, it's just making sure your property is perfect after those "nice" tenants have left. If it belonged to you you'd be doing the same. :p
 
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