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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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In a few days it will be a month since we moved out of our

Resolved Question:

In a few days it will be a month since we moved out of our rented property. We still don't have our deposit back and despite having the carpets professionally cleaned and providing them with a receipt, the landlord is now saying there is a "lingering pet smell".
We did the checkout with a third party and the clerk did not notice any smell and we previously reported damp under the stairs but no action was taken. We also don't know if the house has been ventilated since we had the carpets cleaned, or if rain has been getting in as there was a water leak previously in the house. They are selling the house so we also don't know whether someone has left a window open during the viewings.
Can anyone help please? Much appreciated!
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist.
Please may I ask:
- is your deposit protected?
- how you officially written to your landlord to ask for the deposit to be returned?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes we requested our deposit on 11 November and our deposit is protected.
Customer: replied 1 year ago.
Can I also ask for help with another point? They have agreed to compensate us for additional fuel that was left in the oil tank when we vacated, but they are offering to pay us at today's rate rather than the price we paid which was higher. I have the receipt and I've given them a copy of it, so shouldn't the compensation be repaid against the price per litre indicated on the receipt?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for you response.
I will prepare an answer for you - this will take me a few minutes
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
My sincere apologies for my delay in responding to you.
My first advice to you is to get the landlords to confirm exactly what they are saying needs to be done to your property and if they are intending to retain any of your deposit to do such work.
If they are unresponsive, or you don't agree then you need to initiate a claim for your deposit to be returned. As more than 14 days has ended since the tenancy ended - you can now contact the deposit scheme - if you don't get a satisfactory response from the landlord.
The service will then send you a declaration to complete and return. If completed correctly - this will then be served on the landlord. If there is no response within 14 days from the landlord - then you will be paid the amount you have claimed.
If the landlord disputes your claim you will then be sent notice and you can either choose to agree with what the landlord has stated or not.
If you don't agree then the matter can be referred to a free dispute resolution service to see if agreement can be reached. If not then you can initiate a small claims action at court for the deposit.
In respect of the fuel difference - although this is a separate legal issue - if matters can't be agreed then you can make a small claims at court for the difference.
Please don't hesitate if I can clarify anything for you.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi CarolineThanks for you response.The landlord has already said that we need to pay for the carpets to be cleaned again but we do not agree with this as we have been away from the property for almost a month. Additionally it was not raised as an issue when we first vacated, plus we have already paid a professional service to clean the carpets.I would like to know what the law says in this regard. Does the landlord have a legal right to make such a claim?Thanks
Taryn
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The land lord can say this - especially if you have pets but I do note that you have already done this and you therefore disagree.
You need to start your claim with the deposit service if the landlord won't accept the professional receipt you have already provided.
Kind Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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