Dispute At End Of Tenancy

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Dispute At End Of Tenancy

    Myself and my flat mate moved out of our property last weekend at which time the landlord visited in order to view the property to make sure everything was in oder. This consisted of a visit of only a few minutes having a brief look around the flat and advising us that he was more than satisfied with the cleanliness and would release our deposits.

    He has since contacted the letting agent and authorised release of our deposits which i now have, however, the day after the deposit was released i had contact from the landlord stating that the toilet was not working.

    As far as i was aware everything was working perfectly before we moved out. We hadn't actually stayed at the property for a week before we moved as everything had been removed in order for the place to be thoroughly cleaned. The landlord has now said that the toilet is going to cost £110 to fix and myself and my flat mate need to foot the bill for it.

    I'm just looking for some advice with regards to where we stand legally. I would have been prepared to pay a reasonable amount of money but i think £110 is ridiculous for a flush handle to be fixed especially after the check out was completed and the deposits returned to us.

    Thanks

    #2
    Your only real problem here is references.

    The landlord is not likely to sue you for £110, he would have to be able to prove that the damage was done by yourselves - and his handing back your deposit (whilst not proof) would suggest to a court that the toilet was fine when you left.

    Tell him the toilet is his responsibility under section 11(1)(b) of the 1985 Landlord and Tenant Act. That wouldn't stop him suing you if you had caused the damage, but he may not realise that.

    Comment


      #3
      The landlord cannot prove you broke the toilet handle. Ignore him as you have the deposit.



      Freedom at the point of zero............

      Comment


        #4
        Thank you for the prompt replies. With regards to references these were given by my landlord prior to us moving out so i won't require another reference. As already mentioned both myself and my flatmate would have been willing to pay a reasonable amount simply because i don't wish to cause any hassle with the landlord, however, even he stated it wouldn't cost much to fix before telling me it has cost £110. The landlord was well aware of the fact that there had been problems with the toilet previously as it took him 3 weeks to send a plumber several months ago when it was leaking continuously. As far as i was aware the toilet flush was working fine when we moved out but he has stated nobody else had been in the property in the two days after we moved out so we must foot the bill. This being despite the fact that he visited the property and released our deposits. Surely it can't be my responsibility that he only spent 5 minutes checking the property was clean before releasing our deposits.

        Thanks again

        Comment


          #5
          You owe him nothing. Tell him so.
          '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

          Latest Activity

          Collapse

          • Reply to Deposit protection responsibilities
            by jpkeates
            As I read the legislation, any person receiving a deposit has to comply with the legislation, but the only people who can be sanctioned for not doing so are the landlord(s) (s214).

            The s214 sanctions apply to s213(3) and (6) only, both of which apply to landlords who receive tenancy deposits...
            29-01-2022, 10:30 AM
          • Deposit protection responsibilities
            by Lawcruncher
            Looking at the HA 2004 in connection with another thread I noted that section 219(2)(a) provides: "In this Chapter [that is the section of the Act relating to tenancy deposits] references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person...
            29-01-2022, 10:03 AM
          • Reply to Deducting Cleaning Costs from Deposit
            by Piffy
            I now believe that one of the tenants had Covid just before vacating and was in a period of Self Isolation, perhaps this is why the Agents suggest a "Deep Clean" to protect the next tenant. It would also explain why when the next tenant was due to move in, our Letting Agent put the tenancy...
            29-01-2022, 09:54 AM
          • Deducting Cleaning Costs from Deposit
            by Piffy
            I use a Letting Agent. Recently the tenants vacated, prior to the tenants leaving when the letting agent did an inspection they advised the tenants that the property would need cleaning before they vacated. The tenants have now left, the place does need a good clean, the Letting Agents have said that...
            27-01-2022, 11:30 AM
          • Reply to Deducting Cleaning Costs from Deposit
            by Lawcruncher
            Just to clarify, what I meant was that the requirement comes from the tenancy terms if they include it....
            29-01-2022, 08:38 AM
          • Reply to Inherited a few rentals
            by Flashback1966
            or just work hard and hopefully take an early retirement.

            You can't predict the future. Things always go in cycle. They want to get rid of Section 21, so you may be unable to get your property back. You may end up working and subsidising your rentals....
            29-01-2022, 03:42 AM
          • Reply to Renting rooms
            by DoricPixie
            It wasn't so much tat as a ground for eviction for PRT is wanting to move into the property (for now). It was more that I'd put my heart and soul into making the property nice and it wasn't being cared for as well as I would have liked. I didn't like being at the mercy of a letting agent either particularly...
            28-01-2022, 18:03 PM
          • Renting rooms
            by Luke
            I have a three bedroom property in the U.K which I will rent out .
            I have had an enquiry from a couple and a friend
            I do not intend to live at the property
            Would it be possible just to rent two rooms to them , on the understanding they have full access to the property ?
            As its...
            28-01-2022, 06:09 AM
          Working...
          X