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Not me, eldest daughter.
They're coming to the end of a 2 year rental and the landlord is now saying that damage [to the ceiling below] caused by a leaking shower tray is due to 'mis-use' by them and wants £2500 to replace the tray and bottom row of tiles - London prices.
Picture in the inventory from when they moved in showed a crack in the corner of the tray - noted as 'scratches' by the agent.
and this is it now:
This is the ceiling of the bedroom below taken from the inventory when they moved in showing that a leak had been there at that point:
The property has been inspected regularly and this the first time the matter has been raised.
They've told him its wear and tear [how can you mis-use a shower tray?] and that the tray was clearly of poor quality and insufficiently supported, but he's having nothing of it.
Is there anything they can do?
Assuming that the deposit is sitting with a deposit protection agency (It is illegal not to be), then there is a deposit dispute process that can be used. This is completely impartial and only looks at the facts.
Assuming that the deposit is sitting with a deposit protection agency (It is illegal not to be), then there is a deposit dispute process that can be used. This is completely impartial and only looks at the facts.
This. All day and all night. If you want to see similar issues being raised, have a look at Reddit. The LegalAdviceUK subreddit has plenty, and there are UK Tenants subreddits as well for reference.
Assuming that the deposit is sitting with a deposit protection agency (It is illegal not to be), then there is a deposit dispute process that can be used. This is completely impartial and only looks at the facts.
This, and using a third-party agency to hold the deposit is a legal requirement not an option.
I'd be filing this under "see you in court then, dickhead." Have they got invoices for remedial works completed? No? Off you ****, then.
As an ex-landlord I agree with above. A deposit agency is going to look at the images at start of tenancy and compare to the after, also consider 2 years of use without a concern raised, and tell the landlord to do one. The cost will be an irrelevance to the deposit folk I would bet.
I'd be filing this under "see you in court then, dickhead."
+1
I've only ever lived in one rental, I was there for 5 years. They did **** all routine maintenance, just reacted when their old knackered stuff broke down.
It had the cheapest, mankiest, acrylic carpets, that probably should have been replaced before we moved in, that I fully accept we accidentally melted an iron shaped patch in. When we moved out they wanted to charge us the full amount for a new one. Response - please calculate the value of the carpet based on reasonable depreciation and I will pay for it - oh its worth £0 you say, fair enough I'll pay that now give me my deposit back. ****ts
Have they got invoices for remedial works completed? No? Off you ****, then.
Doesn't matter if they do have invoices. The point here is that the problem pre-existed or that it's fair and reasonable wear and tear. So it's not fair to charge the tenant. So once the landlord has ****ed off, he can keep going.
I'd be filing this under "see you in court then, dickhead." Have they got invoices for remedial works completed? No? Off you ****, then.
😄
Thanks for the info...
Generally my eldest is not to messed with!
(I did suggest that her idea probably wasn't the best idea given the situation 🙄)
It amazes me that a landlord would even consider asking for money like that.
obviously i am not a landlord.
I'm not sure how the dispute process works, but in the case of the bath...
1. They knew it was already damaged from thier own photo
2. The damage got worse, through normal use because of course it would, if not properly fixed in the first place (it looks like a botched repair has been atempted but I guess thats immaterial)
3. They now want you to pay for thier lack of action over fixing it
I think thats what's known as 'betterment'
The only argument I could see is if the tenant could (should) see that the "scratches" and leak damage had got worse and not reported it to the landlord. But I wouldn't fancy the landlord's chances unless there's some evidence that they've been ignoring it.
Doesn't matter if they do have invoices. The point here is that
Whilst I agree with you 100%, my point here was that if they're going to bill me for work then as a bare minimum I want that work actually doing. How many car hire companies have charged customers for the same ding multiple times over?
The only argument I could see is if the tenant could (should) see that the "scratches" and leak damage had got worse and not reported it to the landlord
The landlord is not "local" apparently and runs a property company from Montpelier!
The apartment has been subject to regular inspections by the agent throughout the 2 year letting period.
I think thats what's known as 'betterment'
Thanks for the link - I'll send that to her.
(I did suggest that her idea probably wasn't the best idea given the situation
)
Honestly, I'm with her here.
t amazes me that a landlord would even consider asking for money like that.
obviously i am not a landlord.
Obviously you've never rented.
I've never rented either, but I have had (I know, I was shocked too) many arguments. The last one folded like a cheap suit when my attempts to comply with their ludicrous cleaning demands unearthed the previous occupants' crack pipe.
I'd be filing this under "see you in court then, dickhead." Have they got invoices for remedial works completed? No? Off you ****, then.
😄
Thanks for the info...Generally my eldest is not to messed with!
(I did suggest that her idea probably wasn't the best idea given the situation 🙄)
Careful - you don't want to owe them 50 euro (although technically not the floor).
Yea, there's zero chance the agency holding the deposit will side with the Landlord on that. Especially as it was already leaking so they could/should have investigated it then.
And after a period as a somewhat accidental landlord, the agencies are a bit like paypal, there is almost a zero chance of them siding with the 'seller' in a dispute. We had a tenants cats* (no indoor pets allowed) completely shred the carpets, curtains, wallpaper, that and their inability to deal with condensation meant we had to pretty much completely refurbish the whole flat only a couple of years after we'd last done it. Nothing, and the little we did claim from the deposit, only covered materials, you can't bill even a fair rate for a week of your life spent fixing their mess (because there was no way the deposit would have covered everything).
*I'd seen them whilst fixing something previously, all the radiators were jammed full of their hair, and the OH is seriously allergic to them so it was a pretty miserable week having to clean up the mess all-round.
Basically, I'm saying the landlord has zero chance of making that stick, even if she does poo in the sink.
I would not put it past landlords to bribe or blackmail the Ombudsman- I've had my evidence 'overlooked' before, and lost most of my deposits
Despite the 'executive' house being classified as 'not fit for habitation' by the council,
The Landlord wanted a new worktop fitted in the linen room,due to a bit of trim flaking off one side, although the other side was similarly damaged when I moved in, and had pictures to prove it. A tenner spent on a bit of alloy trim at each end would've made it better than new. So when you submit your evidence for the tribunal, see if it is possible to suggest a suitable repair method, if deemed necessary, rather than being held liable for the cost of half a roof,etc.
Rental landlords are often only too happy to coerce the poor tenants into renovating their properties for them.
Use the dispute resolution service, it's free. You need to upload the ast, inventory in and out, plus state what the dispute is about. Adjudicator looks at evidence and makes a decision. There's a good yt vid on resolution process.
I ve done it a few times and been awarded damages from deposit.
Good luck