Can a deposit dispute lead to landlord /Lettings Agent taking me to court? | The Tenants' Voice
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Can a deposit dispute lead to landlord /Lettings Agent taking me to court?

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318 views 1 replies latest reply: 13 October 2016
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Tenant

Helo there, I am going through a very complicated Deposit dispute whereby my entire deposit is being used to put right what was wrong with my flat before I moved into it. This includes stained carpets, damaged wallpaper and a broken window handle.  I have photographic evidence that this was the case before I moved in. 

My rent was lowered by £50 a month on the agreement I clean the flat only, which was filthy and which I did. 

The Lettings Agency sent me a receipt for a new carpet, which exceeded my deposit amount, but no good reason for it to be replaced, apart from needing to ‘fumigate’ the place which I totally dispute. ( I had a pet dog ) 

I need to know if I am likely to get a fair hearing, and if not, could I be taken to court by the landlord /Lettings Agency to pay the money over and above the deposit amount? An e mail fron the Lettings Agent hinted at this possibility. 

I wil provide more detail if needed, as I did not want to complicate this post any further. 

Regards. 

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Tenant

Is your deposit protected ? If so, refer to the deposit protection scheme, where it’s held and pass them your photos and evidence. 

You’re surely not responsible for replacing things that were in bad condition when you moved in. I’m sure the LA just wants to skin you off your money to cover for the landlord’s expenses. 

The dog is usually a complication, as often they can leverage it to hint at damage on the carpet, etc. However, it’s the actual inventory reports (both move in and move out) that should document if any damage has actually occurred during the tenancy AND how much was it AND how much should you contribute towards it, if any. 

As for court action, it’s certainly possible, but unlikely. It’s probably just mentioned to scare you out of taking action.

Here are some links for you:

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-protection-schemes/

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-disputes-3/

http://www.thetenantsvoice.co.uk/advice_from_us/the-return-of-your-deposit/

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