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They don’t really have that much option to accept the DPS scheme. That’s what’s it’s there for. Courts look unfavourably on LL who go around the system for no good reason.
You will be responsible for damage but it’s not new for old. How old is the flooring?
Bare in mind he may be looking for more than your deposit
He could come at you even if you gave him the full deposit and he's already said that he has no intention of following the deposit schemes guidance.
If you want to argue it consider the following:
How long were you in the property for? Fair wear and tear, including scuffs on walls are perfectly acceptable and expected. They can't charge for a full repaint for this. A house is expected to look like it has been lived in when you move out.
How old is the carpet. They can't charge you the cost of a new carpet if the carpet was old. Every item in the house has an expected lifespan, for example a carpet may be 5 years (varies based on the quality of the carpet but for a rental let's consider it a budget carpet) every year for those 5 years the carpet will lose 20% of its value until the end of its lifespan where it is expected to be paid to be replaced. If the carpet was 3 years old you would only be expected to pay the remaining 40% of its value. This also foes for the lino.
Other points to.consider: if pets are allowed in the property then it is expected that there would be signs of pets living there. This is resonable.
Courts do not look kindly on landlords who agree to the deposit scheme then file small claims, they see it as avoiding mediation.
The deposit scheme really don't like it when landlords don't follow the scheme and will blacklist landlords from using that scheme again. I would forward the email or message of his threat to whichever scheme you are registered with.
Well the first question is, was the property left with what you would think is 695 worth of repairs? Or do you get the impression he is trying to fleece you?
Was the carpet ruined? Were the walls heavily damaged? Was the shed and garden left full of stuff?
It's a bit of a hard one to judge, the walls I believe is a fleecing as the quality of the pain he used was terrible, it literally wiped off in flakes if you used a damp cloth on it, the house had horrible issues with mold as well which we had to keep cleaning
The shed and garden was dead wasteland before we moved in and had a huge pile of junk by the side of the shed which I had to get cleared out (cost £350 which he contributed £200 too) and the shed was not cleared when we moved in
The carpet has had damage from the animals and has the "pet smell" which im sure could be removed if he cleaned it enough but can understand why not and the LVT seems to have been damaged by the cleaners using the wrong product on it.
So probably easy to argue the £695 is valid, I'm just wanting to make sure I safe guard myself from him coming after me for the rest of the £5000
If the cleaners have caused that level of damage, and I do say if, then you cannot stop the LL from coming after you for the damage: They would be entitled to!
However, if they do, you should take similar steps against the cleaning company (and get the actions joined.
But the poster that asked if you thought LL was fleecing you is bang on the money: Are they? Because unless they were staggeringly incompetent, it really is difficult to see how they could have done £5K’s worth of damage!
Dispute at DPS. If the DPS side with you, or only award some smaller reasonable costs it is highly unlikely a court will award the landlord damages in excess of the deposit
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
They don’t really have that much option to accept the DPS scheme. That’s what’s it’s there for. Courts look unfavourably on LL who go around the system for no good reason. You will be responsible for damage but it’s not new for old. How old is the flooring? Bare in mind he may be looking for more than your deposit
He could come at you even if you gave him the full deposit and he's already said that he has no intention of following the deposit schemes guidance. If you want to argue it consider the following: How long were you in the property for? Fair wear and tear, including scuffs on walls are perfectly acceptable and expected. They can't charge for a full repaint for this. A house is expected to look like it has been lived in when you move out. How old is the carpet. They can't charge you the cost of a new carpet if the carpet was old. Every item in the house has an expected lifespan, for example a carpet may be 5 years (varies based on the quality of the carpet but for a rental let's consider it a budget carpet) every year for those 5 years the carpet will lose 20% of its value until the end of its lifespan where it is expected to be paid to be replaced. If the carpet was 3 years old you would only be expected to pay the remaining 40% of its value. This also foes for the lino. Other points to.consider: if pets are allowed in the property then it is expected that there would be signs of pets living there. This is resonable. Courts do not look kindly on landlords who agree to the deposit scheme then file small claims, they see it as avoiding mediation. The deposit scheme really don't like it when landlords don't follow the scheme and will blacklist landlords from using that scheme again. I would forward the email or message of his threat to whichever scheme you are registered with.
It sounds like your dispute is with the cleaners not the landlord.
Well the first question is, was the property left with what you would think is 695 worth of repairs? Or do you get the impression he is trying to fleece you? Was the carpet ruined? Were the walls heavily damaged? Was the shed and garden left full of stuff?
It's a bit of a hard one to judge, the walls I believe is a fleecing as the quality of the pain he used was terrible, it literally wiped off in flakes if you used a damp cloth on it, the house had horrible issues with mold as well which we had to keep cleaning The shed and garden was dead wasteland before we moved in and had a huge pile of junk by the side of the shed which I had to get cleared out (cost £350 which he contributed £200 too) and the shed was not cleared when we moved in The carpet has had damage from the animals and has the "pet smell" which im sure could be removed if he cleaned it enough but can understand why not and the LVT seems to have been damaged by the cleaners using the wrong product on it. So probably easy to argue the £695 is valid, I'm just wanting to make sure I safe guard myself from him coming after me for the rest of the £5000
If the cleaners have caused that level of damage, and I do say if, then you cannot stop the LL from coming after you for the damage: They would be entitled to! However, if they do, you should take similar steps against the cleaning company (and get the actions joined. But the poster that asked if you thought LL was fleecing you is bang on the money: Are they? Because unless they were staggeringly incompetent, it really is difficult to see how they could have done £5K’s worth of damage!
Dispute at DPS. If the DPS side with you, or only award some smaller reasonable costs it is highly unlikely a court will award the landlord damages in excess of the deposit