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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11125
Experience:  30 years as a practising solicitor.
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Deposit dispute

Resolved Question:

I have just given up a tenancy on a flat that I have been renting for one year. The landlord is retaining my £1000 deposit because of a stain on the lounge carpet. I never made the stain on the carpet.

The flat was rented in Scotland.

The inventory did not mention the stain, but it was covered by a table and chairs when I moved in, and I didn't notice when I reviewed the inventory.

The dispute is being reviewed by LPS Scotland.

I did not make the stain, and can ill afford to lose £750 deposit.

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The deposit company should be asked to deal with this via their Alternative Dispute Resolution procedure. Both you and the landlord make representations and submit evidence, such as photographs of the carpet covered up by furniture. The landlord has to prove that you caused the stain and I think that he would have difficulty doing so.
It also appears that the amount of money you are talking about is excessive in the circumstances and you should make this point too.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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