Help: uni landlord problem re: deposit

[blossom]

I don't know if anyone has been in this situation but any advice would be welcome.

My daughter moved out of her uni flat 3 weeks ago. Today the last girl left and someone went round to do a check re: damage today.

We haven't heard from the agency yet but the room mate said that the man wrote down that he'd found stains on the underside of 2 of the 3 mattresses (my daughter's being one)

The fact is, neither of them has even turned the mattress since moving in last September.

They didn't think to check the underside of the mattress when they moved in and have been careful tenants throughout.

I stumped up the £375 deposit and was quite looking forward to getting it back!

Anyone got any advice as to how to best handle this? Seems like without photograph evidence to prove the stain was already there, we don't have a leg to stand on.

Thank you x

 

[RED STAR]

Speaking as a landlord who rent's out to students, unless the agent/landlord has photo's which prove the mattresses were 'clean' before they took the tenancy on, then they cannot deduct any money.

I learnt the hard way, on my first set of students.

The managing agent neglected to take photographic evidence of the oven prior to occupation.
When the tenants were leaving, the flat was left dirty, but it was the inside of the oven ....oh my......it was HIDEOUS!!!!
So bad, it took 3 goes of 'Oven Pride' to shift it......then, just as I was finished, the door handle broke off, and I ended up having to replace it anyway!!!!!

My new agent now takes photos of EVERYTHING, including the inside of the oven!

 

[Char M]

Hi I used to work in property management.
Unless the agent/landlord carried out an inventory when tenants moved in and this had been signed by tenants then they cannot deduct anything from your deposit.
They cannot touch your deposit without your consent, the deposit should be held in a tenancy deposit scheme by law and if it's not you are able to claim back 3x the amount from the landlord as it is illegal for the landlord not to register the tenants deposit within 30 days of the start of tenancy.
If deposit is in scheme and agent/landlord tries to deduct, do not sign or agree to anything you don't agree with and tell them you are going to dispute it, they should have given you details of where your deposit is being held and you contact them (tds/my deposits/dps)
To raise a dispute, it is then up to the agent representing the landlord or the landlord to prove with evidence that the property was damaged after the tenancy, with solid evidence being photographic inventory. If not the deposit protection will rule in your favour. They always rule in tenants favour unless proved otherwise.
Trust me I used to do this for a living, landlords always try to rip off students, unlucky for my cousins landlord that my auntie also works in this dept and was shocked to realise that he was going to be put in his place.
They prey on people who don't know the law.

 

[Char M]

Also if there is proof the stains weren't there, you will not be liable to replace the mattress, they cannot deduct monies for a brand new mattress unless it's completely unusable/shredded to bits , it also depends on age of mattress, if it's well old then prob not worth charging for they can probably only charge a tenner any way as 'compensation to landlord' if you disagree with what they're charging then dispute it it's our money by law landlord cannot charge for betterment