£1600 deposit is held! Whose responsibility?

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    £1600 deposit is held! Whose responsibility?

    Hi I have hot a few questions to post here to see if anybody can kindly give some advices

    Me and friend rent a house for 9 months and paid deposit £1950, however at the end of renting, my landlord claim shocking £1600 charge from our deposit.

    Went through all the lists, basically they all go to repairings of some damages in the house. However I am confused if below should be tenants or landlord's responsibility:

    1. The shower tray has really bad pipe installations. As the waste pipe are running up hill, taking a shower is like standing in a swimming pool. it also takes half an hour after show to become fairly dry, and of course never be completely dry.

    Complained couple of times, landlord persisted it was because of hairs blockage. (actually as water running slowly, hair can barely get in to the plug hole, can be pick up very easily after water going down. Also we did use pipe unblock products from time to time). Landlord asked plumber came to do maintenance and unblock, cost over £300. Nothing significantly improved. Landlord requested us to take responsibility for 1/3 of bill.
    Is it reasonable?


    2. As the shower tray is wet all the time, the both room is very damp too. There was a tile fell from the wall under the sink. (Surely we did not use any force). Builder marked it was caused by "water damage"
    Repairing work cost £150, landlord charge us £150
    Is it reasonable?


    3. There were two times toilets were blocked (2 toilets at the same time). We did nothing apart from normally use. Tissue plus something obviously, nothing else.
    The unblock work cost £ 86. Landlord charges us £86
    Is it reasonable?


    4. There was a pipe leaking under the bath tab / toilet of my bathroom (en-suite), where I even could not reach. There was no sign of leaking until the ceiling downstair showed water damage.
    Replace the plaster board on the ground floor ceiling cost £ 150, landlord charges me £150
    Is it reasonable?


    5. We had very bad power cut once. Landlord sent somebody the next day and fixed it up. However she said it was totally our responsibility as we overloaded the ring mains by using too many plugs and sockets in our bedrooms.
    The fixing fee is £320. Landlord asked us for £320
    Is it reasonable?


    Sorry for so many question and thanks in advance

    #2
    Assuming your tenancy is an AST in England or Wales and the rent is less than the equivalent of £25,000 per year, then is your deposit protected in a scheme?

    Have you been supplied with the prescribed information relating to that?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      Assuming total rent for year does equal or exceed £25,000, deposit should be protected and you should have been notifed within 14 days of paying the deposit where it is protected. LL cannot just keep the deposit!!

      When you claim the deposit, LL will probably object - you in turn refuse to accept liability for the things listed. Was there a proper check in inventory carried out at the start of the tenancy? If not, LL has not a leg to stand on. These matters can sometimes end up as stalemate, in which case you may have to consider a small claims action.

      If deposit is not protected, you should send LL a letter before action saying that unless your deposit is returned to you in full, you will sue her for deposit + 3xdeposit for non-compliance with the deposit protection legislation.

      Don't let her bully you.
      Mrs Jones
      I am not an expert - my posts are my opinion and should not be taken as fact!!

      Comment


        #4
        Fair?

        Our landlord never mentioned about the DPS and never gave any reference no. We doubt she had done it.

        Though I understand it is unlawful and we could use this to ask deposit *3 back, we do want to make it clear and fair at kind of contain point.

        Comment


          #5
          Originally posted by mintfortea View Post

          1. The shower tray has really bad pipe installations. As the waste pipe are running up hill, taking a shower is like standing in a swimming pool. it also takes half an hour after show to become fairly dry, and of course never be completely dry.

          Complained couple of times, landlord persisted it was because of hairs blockage. (actually as water running slowly, hair can barely get in to the plug hole, can be pick up very easily after water going down. Also we did use pipe unblock products from time to time). Landlord asked plumber came to do maintenance and unblock, cost over £300. Nothing significantly improved. Landlord requested us to take responsibility for 1/3 of bill.
          Is it reasonable?
          If the plumbing is a problem it is the LL responsibility under S11 of the 1985 LTA

          2. As the shower tray is wet all the time, the both room is very damp too. There was a tile fell from the wall under the sink. (Surely we did not use any force). Builder marked it was caused by "water damage"
          Repairing work cost £150, landlord charge us £150
          Is it reasonable?
          If you have written proof from the builder the LL should pay otherwise debateable

          3. There were two times toilets were blocked (2 toilets at the same time). We did nothing apart from normally use. Tissue plus something obviously, nothing else.
          The unblock work cost £ 86. Landlord charges us £86
          Is it reasonable?
          Tenants responsibility

          4. There was a pipe leaking under the bath tab / toilet of my bathroom (en-suite), where I even could not reach. There was no sign of leaking until the ceiling downstair showed water damage.
          Replace the plaster board on the ground floor ceiling cost £ 150, landlord charges me £150
          Is it reasonable?
          LL responsibility under S11 of the 1985 LTA

          5. We had very bad power cut once. Landlord sent somebody the next day and fixed it up. However she said it was totally our responsibility as we overloaded the ring mains by using too many plugs and sockets in our bedrooms.
          The fixing fee is £320. Landlord asked us for £320
          Is it reasonable?
          What was there to fix, an overload should simply trip a fuse, any damage would be caused by poor wiring. LL's responsibility for sure

          Sorry for so many question and thanks in advance
          Provided the deposit is protected (and maybe it is not) use the dispute service otherwise use the small claims court and file for the 3x penalty as well (assume monthly rent less than GBP 2083 per month and you are in England and Wales)

          Comment


            #6
            Originally posted by mintfortea View Post
            Our landlord never mentioned about the DPS and never gave any reference no. We doubt she had done it.

            Though I understand it is unlawful and we could use this to ask deposit *3 back, we do want to make it clear and fair at kind of contain point.
            Try this letter:

            ===========================================

            letter before action

            Dear Mr XXXXXXXX

            RE: 123 High Street, Anytown, AT1 2AA

            On the XXX of XXX 20XX I/We paid you a tenancy deposit of £XXX in respect of the above property.

            The Housing Act 2004 introduced the concept of "Tenancy Deposit Protection" and obliges private landlords to protect/register all tenancy deposits with one of 3 approved schemes.

            I/We have verified with all three schemes that the deposit you hold was NOT protected by any scheme. This is unlawful.

            You must refund the outstanding balance of my/our deposit IN FULL within 14 days. If you fail to do so, I/we shall sue you for the balance due PLUS the statutory penalty for non-protection of deposits, which is three times the value of the deposit.

            Yours sincerely

            ================================================

            IMHO it is not worth claiming the 3x penalty - but that doesn't stop you using it as a threat. Send the letter, and if the full deposit doesn't come racing back to you within 14 days you will need to submit a claim for your £1900. Other than the fact that you paid a deposit, you won't need to prove anything because the deposit is 'yours' in law.

            Comment


              #7
              Originally posted by Snorkerz View Post
              Try this letter:

              ===========================================

              letter before action

              Dear Mr XXXXXXXX

              RE: 123 High Street, Anytown, AT1 2AA

              On the XXX of XXX 20XX I/We paid you a tenancy deposit of £XXX in respect of the above property.

              The Housing Act 2004 introduced the concept of "Tenancy Deposit Protection" and obliges private landlords to protect/register all tenancy deposits with one of 3 approved schemes.

              I/We have verified with all three schemes that the deposit you hold was NOT protected by any scheme. This is unlawful.

              You must refund the outstanding balance of my/our deposit IN FULL within 14 days. If you fail to do so, I/we shall sue you for the balance due PLUS the statutory penalty for non-protection of deposits, which is three times the value of the deposit.

              Yours sincerely

              ================================================

              IMHO it is not worth claiming the 3x penalty - but that doesn't stop you using it as a threat. Send the letter, and if the full deposit doesn't come racing back to you within 14 days you will need to submit a claim for your £1900. Other than the fact that you paid a deposit, you won't need to prove anything because the deposit is 'yours' in law.
              Woow, that is a powerful letter

              Comment


                #8
                Originally posted by Mrs Jones View Post
                Assuming total rent for year does equal or exceed £25,000, deposit should be protected and you should have been notifed within 14 days of paying the deposit where it is protected.
                Make line 1 read Assuming total rent for year does not equal or exceed £25,000
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  oh yes

                  Oh yes my tenancy is an AST in England or Wales, the rent is less than the equivalent of £25,000 per year!

                  Comment


                    #10
                    Thanks

                    Thanks for all the advices
                    Do feel much more relieved

                    Comment

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