I feel landlord is making unreasonable charges from deposit | The Tenants' Voice
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I feel landlord is making unreasonable charges from deposit

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5010 views 2 replies latest reply: 18 October 2014

I am being charge for a slight stain on my mattress (I hadn’t even noticed it was there, landlords have sent a photo and it is only slight). The tenancy agreement stated that I must use a mattress protector (which I did, and it had no stains on it, so I don’t know a stain got through to the mattress). They are wanting to charge £100, the full cost of replacing the mattress. I feel that this is unreasonable as the stain was very slight, the mattress is still useable, and I made reasonable efforts to prevent any damage. On top of this, I agreed to pay a fixed fee to cover all cleaning before I moved out that meant that I was not responsible for any cleaning before moving out. What can I do about this? I know that the deposit is protected but I don’t know who with.

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Hi Caroline, thanks for posting in our forum. It sounds as though you have done your best to take care of the furnishings in the property and perhaps the landlord is trying to take advantage of you.

Firstly, you should have been given details of the government Deposit Protection Scheme within 30 days of paying your deposit. If you did not receive this information, then your landlord can be fined between one and three times the amount of the deposit (should you choose to take the matter to the courts). I am not suggesting that you take your landlord to court, but it can be some bargaining power, so you must be certain that you were not provided with this necessary information if you are going to challenge this.

Please see our article on deposits for more detailed information: http://www.thetenantsvoice.co.uk/advice_from_us/deposits-overview/

Secondly, you cannot be charged the entire replacement cost of the mattress; that would be unreasonable. If the mattress is showing signs of wear and tear, despite your best efforts to take good care of it, then it is reasonable to expect to have to pay a contribution to the cleaning/replacement of the item, depending on how long your tenancy lasted and how old the mattress was when you moved in. As you have pointed out, you have paid a fixed fee for all cleaning, so it would seem fair that your fees would cover this.

Write a letter or email outlining the reasons why you do not agree for the money to be taken out of your deposit – the deposit cannot be released unless both of you agree.

IF your deposit was protected, and you cannot come to an agreed solution to the problem, then you can use the Dispute Resolution Service that comes free with all DPS. Please be aware that their decision is final.

If your deposit was not protected, that is an entirely different matter!

Here’s a link to more info on deposit disputes on our website: http://www.thetenantsvoice.co.uk/advice_from_us/deposit-disputes-3/

All the best.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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