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  • Deposit Protection

    When to deduct money from deposit

    Hi all,

    ive got a tenant that has just moved out of one of my properties and wondered how best to go about a mark left on the carpet.

    I went and inspected the house with the tenant but it was only when they left and handed back their keys I spotted in one of the bedrooms a glittery makeup stain on one of the carpets. The tenants cleaned the carpets themselves as they had their own carpet cleaner.

    Through the DPS ive asked for the carpet in this room to be replaced as I can not get this stain out.

    The tenant is not accepting this claiming that I inspected the house, what's everyone's take on this as I also found a blocked sink.

    For the record no sign off paperwork was given at the time.

    Your thoughts and legal perspective are all welcome.

    Thanks

    Jamie

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    Hi Jamie,

    We have a video answer to this FAQ:


    On leaving, you should have presented the tenant with an itemised list of the deductions you were intending to make at the time.

    I think it is very unlikely that you are going to be able to claim for an entire carpet, so it would look like you are heading towards using the DPS dispute resolution service.

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    Yes we are unfortunately going to use the resolution service. I was really wondering where I stand legally as of course I didn't spot it when the inspection was carried out but the tent must have known it was their especially because the cleaned there own carpets !!

    Am I likely to win this one I wonder ? 

    Many thank

    Jamie

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    If you didn’t spot it on check out how obvious is it?

    Would a professional carpet cleaner be able to remove it?

    How long were the tenants at the property?

    How old is the carpet?  This will be taken into account.

    I doubt you will get a new carpet, possibly an allowance taking account of the size of the stain and age of the carpet.

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    Carpet is about 2 years old and the tenants were there 8 months. It's one of those awkward situations that because the tenants insisted only cleaning the carpets themselves, they must have already spotted it and hoped to get away with it.

    I asked them is there anything I should know about before walking around with them and they said no !!

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    I always ask tenants if any works are needed,  very rarely do they say yes even when it would fall within fair wear and tear.

    Unless it is a very large stain it is unlikely that the deposit scheme will agree to a replacement and then they will take account of the age of the carpet.

    I think I would ask a carpet cleaning company to do a spot clean or to reclean the room, possibly the company that cleaned it before the start of the tenancy.

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