Please help- my landlord is ignorant, irresponsible and greedy

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    #16
    Originally posted by Sad S View Post
    In the circumstances, it seems likely that letting agent (Foxtons) passed the deposit to the landlord. And because of the level of rent, deposit protection would not have been mandatory.

    Did you check with the three deposit protection schemes to see whether, by any chance, your deposit has been protected? If not, it could be harder work for you.
    But on the other hand, knowing that the LL holds the deposit unprotected, you may feel morally justified in withholding the last payaments of rent equal to your deposit, whatever the contractual agreement states.

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      #17
      Originally posted by dominic View Post
      But on the other hand, knowing that the LL holds the deposit unprotected, you may feel morally justified in withholding the last payaments of rent equal to your deposit, whatever the contractual agreement states.
      In doing this are we putting ourselves in the wrong legally? This goes back to my question about witholding the rent but still paying it into a western union holding account.

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        #18
        Originally posted by Shazbucketfail View Post
        Yes- we signed the inventory when it was done - how does this affect us and what position does this leave us in?
        All it means is that the landlord has at least some of the evidence required to support a claim for damages, as per my post #13.

        Originally posted by Shazbucketfail View Post
        Another question is the issue of witholding rent- obviously this is illegal but is it acceptable to place the full amount of rent into a 3rd party holding account (western union etc) to prove that the intent to pay is there but only after maintanence is carried out?
        If you do not pay rent, it's not 'illegal', but it is a breach of the contract, regardless of your reasons for doing so. However, if you advise the LL in writing of the reason (keep copy letter and proof of posting) then, if the matter ends up in court, then this would look more reasonable than not providing any reason.

        I'm a bit confused about your motives, though. One the one hand you say that you're worried about the LL keeping the deposit to pay for the repairs (which has been hinted at, but hasn't actually happened), but here you're saying that your motive in withholding rent is to push LL to make the repairs (and rip up the bathroom while you're still living there)?

        BTW, when are you actually due to move out?

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          #19
          Originally posted by westminster View Post

          I'm a bit confused about your motives, though. One the one hand you say that you're worried about the LL keeping the deposit to pay for the repairs (which has been hinted at, but hasn't actually happened), but here you're saying that your motive in withholding rent is to push LL to make the repairs (and rip up the bathroom while you're still living there)?

          BTW, when are you actually due to move out?
          Our ultimate result from this is to have the bathroom repaired without us having to pay a plumber directly. If we pay them and then deduct this amount from the rent I am concerned that the LL will deduct the plumber amount from the bond (daft i know but this lady has a history)

          If we withold rent this might encourage her to organise the plumber to have this fixed or we will not transfer the rent to her and let it sit in the holding account.

          The amount of work needed could be done in one day - remove tiles from side of bath, repair the trap/pipe below and replace the tiles yet it would still come in at at least £600 or so

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            #20
            Originally posted by Shazbucketfail View Post
            Our ultimate result from this is to have the bathroom repaired without us having to pay a plumber directly. If we pay them and then deduct this amount from the rent I am concerned that the LL will deduct the plumber amount from the bond (daft i know but this lady has a history)

            If we withold rent this might encourage her to organise the plumber to have this fixed or we will not transfer the rent to her and let it sit in the holding account.
            If the LL's ultimate plan is to charge you for the plumbing work after the tenancy ends, and deduct the money from the deposit, then withholding the rent isn't going to stop her. She would just add unpaid rent to the plumbing charges.

            There is a procedure whereby you can organize repairs yourself and deduct cost from the rent, but it is long-winded and must be followed precisely; I doubt there is now time before the tenancy ends (assuming you are leaving in less than two months??)

            Anyway, here's a link to the procedure just in case and/or for future reference; see this link, and the section headed 'What is the procedure for withholding rent?' (N.B. you would have to keep copies of all letters sent, and proof of posting).

            The amount of work needed could be done in one day - remove tiles from side of bath, repair the trap/pipe below and replace the tiles yet it would still come in at at least £600 or so
            *If* it's the pipe below the bath that's leaking, but it could be something else - the shower valve, for example.

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