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www.4psmarketing.com | Can my landlord deduct £570 from my deposit? Is it legal? Can I dispute it? |
I have recently vacated a flat that we looked after impeccably. The landlord claims to have found a small stain on a mattress that he describes as the size of a finger nail.
He is now saying that if the next customer refuses to take the mattress he will take £570 from my deposit.
Is this legal?
When I enquired what he paid for the mattress he said that was an unfair comparison because the mattress was end of line and he would have to replace it with like for like so he would not tell me how much he paid for it.
Can I dispute this? |
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george_graham_crayford
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illegal, counts as wear and tear if the flat came semi furnished
i fuking hate these conning bastards |
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retox
|
That sounds completely unreasonable to me. What a nasty piece of work that landlord is - he is obviously just trying to rip you off. My suggestion is that you dispute this - if necessary threaten to take him to the small claims court or, get a solicitor to draft a letter to him - that will make him back off.
The alternative is to offer to buy a matress. He probably does this to all his tenants and get's away with is most of the time.
Next time you rent, get a full invantory of the contents of the flat/house. Take pictures (with dates on) of all of the furniture and mattress etc. Take pictures of any marks damage you see when you move in and give them to the landlord - keeping a copy for yourself. |
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Jonathan
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I think you can, as it sounds completely unreasonable. Such a stain should be considered normal wear and tear, he can't expect to receive something in as-new condition if it's been used. Check with your local Citizens Advice Bureau. |
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Bruce Castle
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Ask why the mattress needs changing because of a tiny stain, and is a new mattress going to cost £570 anyway? It looks like the landlord is absolutely exploiting the situation. This is why new laws have come into place to have a third party hold the deposit. Tell the landlord to itemise and explain deductions from the deposit and take him to court if necessary. My sister recently took her landlady to court over similar reluctance to hand back the deposit making spurious excuses and won hands down. |
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country bumpkin [sheep nurse]
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dispute it take a picture of the stain with a ruler next to it for size.tell him to produce the reciept for cost of matress.as for like for like thats an old trick dont believe him.take him to a small claims court he will cough up befor it gets that far. |
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wildone
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Yes you can dispute this. You have several options, firstly if you went through an agent contact them, it is part of their job to resolve these types of problem. If you did not, then either go to your local Citizens Advice Centre or go online to www.yourlegaldesk.com or you could offer to replace the matress yourself. |
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vicki b
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bloody hell im fed up with all these duff landlords trying to pull fast ones. cant you just get the stain out with a fabric cleaner coz i bet he didnt pay 570 for the mattress. landlords just normally buy cheap stuff. god what a cheek |
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littlemissgio
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Iyour landlord can not just say he will deduct that money off you. He will need to show you an invoice of reciept for proof that he paid £570 for the matress. To me that sounds very expensive unless there was anything else he mentioned. Did you have a check out done, where they go through the inventory, look on your previous inventory to see if this stain was there before. You can send this to the dispute service at www.thedisputeservice.com / co.uk (tds). They have 14 days to solve this problem out, Both of you will need to agree on a figure in writting before the deposit can be release back to you. Good luck with this p.s some lanlords are greedy!!! |
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charlie
 |
In future withhold the last months rent. |
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Lisa
 |
Well of course you can
without him having proof how much the mattress cost he cannot prove that it costs £570 to replace it
If i were you i would offer to replace the mattress, that way you know you wont be getting ripped off |
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Sparklepop
|
Hi there,
I don't know about illegal, but he's definitely being an ********. And so is the person who is renting next - what do they expect? They know tenants have lived there before.
A stain like that is normal wear and tear. He should have provided a waterproof sheet that always remains over the mattress like many other landlords do. I've rented a few times and all mattresses had a thin plastic cover over them - it just makes sense!
I highly doubt that a mattress would cost £570. You can buy mattresses for under £100.
I would suggest that you say you will replace the mattress yourself. Demand to know where he bought the mattress from, so that you can buy your own like-for-like mattress. Tell him that you will be visiting your citizen's advice bureau if he tries to take that much out of your deposit.
When a person becomes a landlord, they have to be prepared to replace things now and again.
If you'd burnt a hole in the mattress because you'd dropped a cigarette on it then that would be different - but something like this could have been avoided if he'd used his common-sense and provided a mattress protector in the first place.
To be quite honest, I he could have simply got the mattress professionally cleaned (and perhaps charged you a small amount for it) after you left and then he wouldn't have to show a mattress with a stain on it to his new tenant. In my opinion, this is mostly his fault anyway. He should make sure his flat is in perfect condition before even showing a new tenant around.
If it comes to it, you could take him to a small claims court. He wouldn't have a leg to stand on if he hasn't kept the receipt for the mattress. He can't randomly charge £570 without proving that it would cost that much to replace. Plus, if it's end of line, it implies the mattress is quite old and he probably should have replaced it by now anyway.
Good luck
xx Emmie |
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shih tzu lady
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Over five hundred quid for a mattress in a rental property? This landlord is trying it on. I own property - some furnished myself - and would, like most landlords, not pay anything like that for items going into a rental.
What he paid for the mattress originally is not an issue here - but he could find another as a replacement for less than half that amount. He can deduct monies from your deposit - but a mattress is a wear and tear item, and his replacement quotation is extortionate.
Be firm and tell him to get lost - yes, by all means deduct an amount, but make it realistic. By his own admission he says it is the size of a fingernail. Get him to put everything in writing and if you feel you want to, take him to small claims court and fight it there. Wont cost too much. |
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