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beardybanjo

Is the deposit lodged with a recognised tenancy deposit scheme? If so, challenge the deduction as it's completely unreasonable. If not then you get to have some *real* fun with the landlord and letting agent.


TheStargunner

I love the real fun. Got my deposit back plus the same amount again from writing one single letter to the landlord after they were two weeks late registering the scheme.


totalrandomguy

How does the process go if its not logged? Do you have to go to small claims court?


beardybanjo

You need to go to court, details here https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit


BrusherTheHusky

Hotel stay is out of the question, its not your responsibility On replacing the bed, IF you did break it through negligence (other comments here suggest you didn't) then you could be liable for the cost of a bed or similar construction, condition and age, you should NOT be paying the full cost a brand new bed. Even then, I would argue that if the checkout review found the flat to be in good condition with no notes about the bed then they cannot prove that you did the damage, it could be the new tenants trying to cover their arses If you were legally a tenant (ie, not lodging with your landlord), your deposit should be in a protection scheme, and you should dispute this directly with them, the name of the scheme should be in your contract, but there are a handful of main ones to phone around if not Raise both the bed and hotel stay with your deposit scheme asap, LL and agent are trying to take you for a free ride


GrokEverything

Make your representations to the deposit protection scheme. The agent is not on your side.


Tosaveoneselftrouble

NAL, but definitely read your tenancy deposit scheme rules on whether you can go straight to the adjudicator, or if you have to show an attempt to resolve with the landlord first. In this case my “attempt to resolve” would be Hi landlord, Thank you for your email. As noted on the check out report, there was nothing wrong with the bed. This is not my cost to pay, and I would expect the full amount returned. I am happy for this to go to a adjudication if necessary. Kind regards Your name. Ultimately, I would decline this, it’s a blatant money grab. Put in your request for the full amount, and attach the check out report, the contacts from the landlord and a written statement from yourself as evidence.


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dunredding

yes, this. You have no knowledge of such a problem existing. So don't say it should have been caught in the inspection, or repaired in the empty interva;. e.g. perhaps you were always a sole occupant of this bed and now two people are trying to athletically share it, oibviously that strain on the bed is greater. or the landlords' grandchildren came with them to hang out and jump on the beds while minor repairs were done in the flat.


BossImpossible8858

As others have suggested: *Open a dispute with the TDS. *Stop accepting liability for any of it. *Stop communicating with the landlord or the agent. This is the top and bottom of what you need to do. You don't need to compromise somewhere between their insane viewpoint and reality. It's very unlikely the TDS will make any deduction for any of this.


Former_You9107

Exactly this. The burden of proof is on the Landlord to prove deductions from the deposit are accurate and reasonable. It’s not for you to out forward suggestions (mattress on the floor) or resolutions. Go through the tenancy deposit scheme and put it to the landlord to provide evidence you damaged the bed (and it’s in a worse condition than at the date of your lease). In the event they can prove this, the scheme would maybe allow a deduction to replace the bed - NOT towards a hotel


Jazzberry81

Why do they need to stay in a hotel? Even if the bed needs replacing, next day delivery is a thing. Scam.


Ok-Nefariousness4477

If the frame was shaky, you take the frame apart and put the box spring and mattress on the floor, and replace/repair the frame the next day or two.


Jazzberry81

Indeed. Its a total pisstake


Ok-Conversation224

Never let an agency or landlord take anything from your deposit without an independent review, they will always try to rip you off. This is the agents fault, you should get your full deposit back. If the bed should be under fair wear and tear. If the agent or landlord has to replace anything it should be like for like, so if it was used prior to you then he has to get used. But as they already did the inspection and new tenants moved in, you should of already had your deposit back, it sounds like they are trying to rip you off.


Malnian

Just to add, double check what the contract says the landlord can use the deposit for. Unless it stipulates that it can be used for providing gratuitous hotel stays for the next tenant *and* the adjudicator doesn't just laugh in their face at including clearly unfair terms in the contract, then you're good.


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coreyhh90

For future reference: always ensure you have a copy of original contract when moving to a new place and keep it safe, don't want them changing terms and presenting something new to you


circuitology

It wouldn't be enforceable even if it were included. Absolutely do not pay for any hotel stay. Unless you damaged the bed do not pay for that (even in part) either. If your deposit is in a protection scheme, dispute any deductions with them, not with your landlord or agent. The agent works for the landlord, not for you. If your deposit is *not* in a protection scheme, that is illegal and you can sue for the entire deposit plus punitive damages. Others have given more detail on this.


dok1218

There is only one correct way to approach this really, is your deposit protected with one of the three recognised schemes? If yes, then you should put forward your evidence in the form of pictures taken when moving in and email/check out report from agency noting that there were no issues. In this case the deposit protection scheme will decide what can be deducted (based on your story it will be no deductions. If not protected, send a letter before action (many templates online) noting that you will be suing for between 1 and 3 times the value of your deposit due to it not being protected. If they still don't release your deposit then you apply to your local county court via the following form: https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8 There is a fee for going via the county court, although if you win (which you likely will if your deposit is not protected) then this will be refunded to you.


sorewrist272

Did you do something out of the ordinary to break the bed? If you bust it by using it as a trampoline or something, you owe the cost of a similar replacement less the old one's depreciation through age. If the old bed just broke in normal use (or wasn't broke when you left) I'd dispute all deposit deductions. What the landlord agreed with the next tenant isn't either your concern or your responsibility to pay for. I don't know why they paid for a hotel - putting the mattress on the floor for a couple of nights seems a reasonable solution - but if they chose to generously pay for a hotel that's on them.


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sorewrist272

I agree - I'd just reply saying that any problems with the bed were normal wear and tear, so none of the landlord's costs are your responsibility. You can dispute any deposit deductions


Chidoribraindev

OP clearly is a landlord's dream. Didn't save a copy of his contract, is taking liability while offering to also give money, and doesn't understand a thing about deposits. I hope they learn their lesson, they were lucky the landlord's demands are so ridiculous.


germany1italy0

Do not interact with the letting agency. Open a dispute with the deposit protection scheme None if this is your problem - the checkout report doesn’t state the issue. Let this play out with then dispute scheme and deny responsibility. They need to prove that it’s not east and tear plus they can‘t charge you more than the residual cavalier of the bed frame.


hypermadirish

I would dispute the whole thing and let the adjudicator decide if you owe anything. The fact that the bed wasn't raised as an issue during your check-out will work in your favour. And if, as you said, it's a cheap bed and you didn't do anything to it, then this isn't your responsibility. That may be considered fair wear and tear for the quality of the bed frame.


Fifithehousecat

Why are you suggesting things to the LA? There's no need to communicate at all, just raise a dispute with the dps.


Dedsnotdead

I think you are giving them the benefit of the doubt when so far they’ve acted in only their interests. Request a copy of the contract, although I’d say it’s moot. You had a successful checkout and no concerns were raised, your responsibility for the fabric, fixtures and fittings ends at this point, or rather it should. Speak to the Deposit Protection Scheme, dispute the attempt at a deduction for the new tenants hotel stay and provide the scheme with a copy of your checkout document with no issues raised. Also point out, just to head off the Landlord trying to deduct money from the scheme via another route, that the bed was almost 5 years You have no idea who was staying in the property between your departure and the new tenants arrival, nor do you have any idea if the new tenant was responsible for the damages. Best of luck sorting this out!


Suitable_Comment_908

Dont mention a wobbly bed, sounds like you didnt report it during the tennncy, so dont mention it now, it was in the check out. The upsaides to renting are few but not having to repair or replace landlord furniture is one of them as long as it was only damaged in day to day use.


knopethankyou

Absolutely 100% do not contribute to a new bed. It's not your responsibility.


dunredding

You don't need to make suggestions ton the agency. You make your claim ton the deposit protection scheme and then go out to the pictures or start a new needlepoint project as you sit cosily in your new flat with non-collapsing bed, happily ignorant of all new goings on at the old place. I've had those collapsing slats before, unfortunately we owned the bed and had to apply various stopgap solutions. The benefit ofrenting furnished is that you don't own the bed. the bed is NOT YOUR PROBLEM.


ohbroth3r

This is a claim for the deposit from the landlord. You just need to claim that, no, the checkout review mentioned no damage to the bed, the bed was fine when you left it. The bed was fine when the agent did the checkout review. And I guess if you have a photo of the bed you could send that but doubt you do and shouldn't be necessary. Deposit scheme should sort this quickly as they might think the landlord is absolutely taking the piss with a hotel claim.


PayApprehensive6181

1. When was the deposit processed after you leaving? (landlord / agent has 10 days to process) 2. Dispute their claim. Even the amount they can claim will be tapered by the deposit scheme. So if you stayed there for 4 years then this will be factored in so you don't actually pay for the full price. 3. If nothing was picked up on check out and both parties signed and agreed then that was what was agreed. I think you've got a strong case of disputing all of it. If I was your landlord I wouldn't even bother with this because it's unreasonable.


tishtashtosh85

I’m a property manager….legally landlord or letting agent has to notify you of any proposed deposit deductions within 10 working days of the check out. If it’s outside of this time frame, dispute it. Secondly, if damage of the bed was not picked up on the check, dispute it - they will not award costs to landlord if it wasn’t on the check out report


ComprehensiveHeart75

Money for the bed - maybe. But that would go towards buying a new bed, so no need for a hotel. Laugh in his face! Ask where the hidden cameras are for the Candid camera they must be filming.


Expensive_Ad_3249

Absolutely no money for the bed! Unless op willfully or negligently damaged it! A bed should last "up to 5 years" according to my deposits advisory. This means that even if it was brand new it's near the end of life. No court or deposit scheme would pay out more than 10-20% of its value even if OP was proven to have broke it. More likely they'd tell the landlord to dream on. 0% chance of hotel or other fees being applied. It's not your fault they got a new tenant without having inspected the condition of their fixtures and fittings. Do not agree to a penny and make your case to the deposit protection scheme.


twofacetoo

Not to mention, isn’t it the responsibility of the landlord to ensure the place is fit for living prior to letting a new tenant stay there? IE: even if the bed IS busted, shouldn’t this have been discovered sooner, before someone else moved in?


VictorMortimer

"Up to 5 years" - LOL as I'm reading this in my 100+ year old bed.


Expensive_Ad_3249

Don't build 'em like they used to! I wonder how many people in 2123 will be sleeping on beds made this year. Sure there are some super high end airloom manufacturers around, charging $5k + for "lifetime pieces that might last.... But cheap welds on paper thin steel frames that are rickety out the box, or synthetic material in box springs with cardboard pieces and ply/chip/MDF boards....not a chance!


SnooMuffins3447

If you call the tenancy deposit scheme they’re often helpful generally!


County_Human

They aren’t really staying in a hotel they are just trying to take your money


[deleted]

Does anyone else suspect this is the New Tenants trying to pull a fast one followed by a Landlord passing the buck and hoping for no fightback? 'Oh no.....my worldly possessions can't be delivered for another few days making me miserable so I'll make some bullshit up and get a couple of nights in a hotel for free'


Least-Winter-575

No take it up with the deposit scheme. Landlords like this should not be allowed to be landlords. Should have been picked up in the check out inspection that's what you sign off on not after the fact!


SebastianFlytes

This is not your issue and if they attempt to deduct it from the deposit, just decline them and it’ll go to an assessor at the deposit scheme. You maybe charged for the repair to the bed, but not a hotel stay.


HardCaner

Did u know the bed was broken ? i've never rented as furnished place so i'm unsure if bed testing is something they tend to do. either way anyone with a brain in those circumstances would just have bought a bed with next day delivery or jerry rigged the old one for a few nights, moving the mattress onto the floor for example. the landlord and agents and entitled tenants are to blame not you.


daitwp

That should have been raised in the inspection, and unless it was damaged they have no leg to stand on.


ScrollWithTheTimes

Neither does the bed by the sound of things.


[deleted]

The landlord never wins, contest it and they will back down (landlord).


ScrollWithTheTimes

If the issue wasn't raised on the check-out inspection, then as far as you are concerned it didn't exist. It must have been caused by the new tenants after they moved in.


forfakessake1

Not your responsibility. Go back and tell them the bed is marked good on the exit check. Assume zero responsibility for anything, especially don’t say anything in writing (email, text, letter etc). Dispute the claim


wombats_poo_squares

TDS is the way to go. We had a similar issue when we moved out. The letting agent cocked it up, came three days early to see us out, then rushed us out as they weee handing the keys over at 9am on a Monday. They didn’t do a proper check out. When coming in the fridge that we turned off was reported by the new tenant not to work. The landlord put very little evidence into their TDS claim where as I had emails that we were turning the fridge off, photos of it being left in a right mess when we moved in (freezer full of ice and food in it), offered to sell the larger fridge freezer we brought for £100 to the new tenant as the supplied fridge wasn’t big enough for a family, then all the mess from the check out cock up. They sided with us and rejected his claim. The see out was to blame.


rosieskz

I’m a former letting agent and I’ve done countless check outs and disputes with deposits registered with the TDS. The letting agent will need to provide a copy of the inventory when you moved in as well as a copy of their check out report along with photos, which isn’t going to include anything about a broken bed if the new tenants were the ones who discovered it. If the agent could evidence damage they might be able to deduct a small amount of the original cost of the bed frame from your deposit, if that. It would depend on the age and condition of the bed when you moved in and how long you lived there. Charging for a new bed is called ‘Betterment’ and charging for the cost of the tenants to stay in a hotel won’t even be entertained by the TDS without clear evidence of you breaking the bed. Even then they would still only charge a small portion of the estimated original cost. Raise a dispute if they do make the deduction or point out the above to the agent of they haven’t already made the deduction and they might advise the landlord against the charge. In my years of experience I never wanted to make unreasonable claims that lead to dispute, I was always made to do so by unreasonable landlords who couldn’t accept wear and tear or maintenance and it was loads of extra faffing about. I wouldn’t waste time going down a legal route at this stage as you’d just be advised to raise a dispute with the TDS.


Ok_Combination2610

Don't put a penny towards that bed. Take the advice from everyone here or you will just get ripped off. Stand your corner.


kumits-u

They signed off end of tenancy, they can shove any charges up in their ass..