Hello I am a solicitor with over 15 years experience I will try to help you with this. Is your deposit held in a deposit protection scheme and if so which one?
Thank you. Yes my deposit is held in a deposit scheme. Its held with TDS ( Tenancy Deposit Scheme)
Thankyou for that. I will be at court for some time for this morning but will answer you either later today or in the afternoon. I hope that is OK.
You are planning to leave your tenancy and your deposit is clearly at risk. Fortunately for you your deposit is held in the tenancy deposit scheme which means that if there is a dispute at the end of the tenancy it can be dealt with through the alternative dispute resolution scheme.
http://www.thedisputeservice.co.uk/deposit-disputes.html this link will take you the website dealing with this.
As to the merits of his claims:
(i) The carpet. If there was a thorough inventory at the outset and it is not included then that is very helpful. Also you are renting your home as a dwelling and not as a t=store room for your landlord. He has no right to cli this money from your deposit.
(ii) The extractor fan. Is there in fact a clause in your tenancy agreement to the effect claimed by your landlord. ie " the contract says that bathroom vents should be regularly cleaned to provide adequate ventilation…” It would be a novel condition and appears to contradict the clause you refer to. Let me know if that clause is there. You cannot possibly be expected to clean the inside of the fan so we are at worst talking about dusting the cover of the thing. I doubt very much that he can prove that dust on the fan has caused the peeling/bubbles. In order to get some of your deposit money he will need to prove on the balance of probabilities that this is the case. You can certainly argue that it is simply down to wear and tear over 20 months.
It does look like these are groundless claims by your landlord who is hoping to cheat you out of some of your deposit.
Hello, thank you for your reply. I have again gone through my tenancy agreement and the clause he claims is in the agreement is clearly not there. The one in there is the one I quoted in my initial enquiry. So i will wait and speak to the agent on Thursday as the agent dealing with this is off till Thursday. Meanwhile shall I reply to the Landlord in a polite manner for now?