With-holding deposit from house: Have i DON ENOUGH TO PROVE

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    With-holding deposit from house: Have i DON ENOUGH TO PROVE

    Hi

    Ive had a long standing issue with my previous landlord concerning a replacement of basin.

    Questions:
    1. What are my options now:
    a. Small claims will cost me additional money
    b. Is there an extenal body to involve?
    c. Am i wrong in all this.... what do you think?


    Its more about the principle... how many other people is this agency (in my opinion) taking advantage of.

    MANY THANKS

    To make a long story short.

    1. I was part of tenancy to rent a house
    2. Basin was accidentally cracked by “me” which did need replacement, which ive never denied.
    3. Was told in writing by the agent to replace basin on my own time and with whom I chose. . See below. The agent did mention that his plumber, Mr A, could do the job if I contacted him. I did contact Mr A but never gave permission to purchase a basin.
    4. did much investigating myself to get correct colour of basin
    5. Informed the agency that a basin available and asked for confirmation that it was the correct colour and make. Which was confirmed by the agency
    6. My basin was dropped off by me at the property for installation by a plumper Mr A
    7. The agency then informed me that Mr A has already purchased a basin authorised by the agency and that I was too late in the matter. Mr A’s basin was not yet installed.
    8. I collected my basin after Mr A installed his basin.
    9. I then returned my basin and was charged a restocking fee of £30.08 and calculated that my travel to collect and return the basin was 180 miles.
    10. I then requested a original copy of the basin purchased from the agency or Mr A and an invoice for the work done.
    11. Once the invoice was received I offer to pay the £219 minus my expenses re “My basin” = £188.92 (I did not deduct my travel expenses from the owed amount)
    12. The agency emailed back “Any shortfall will be charged against the current tenants deposit”.
    a. As this time I need to clarify. The couple that took over our portion of the contact for the house paid us our deposit directly and not thru the agency (we gave them both options of paying us or the agency)
    b. We still would like to keep thing friendly between our ex-house mates and have always guaranteed the house that WE ARE RESPONSIBLE for the payment of the basin and not the house.
    13. I requested and have now received written confirmation from the agency that £219 was taken from the houses deposit. The agency also requested….
    a. “Please arrange for the sum to be paid to us within the next 7days in order to bring your deposit back to its proper level”
    14. To keep the peace, I will be paying this top-up deposit to ensure that the house does not take the shortfall of the deposit.
    15. During this whole time I have been unable to contact MR A to arrange payment..

    LAST EMIAL to summarize

    I have not been able to contact MR A (the plumber) for the last month and have left numerous messages for him to contact me by phone or by letter or to make contact with me through “Agency”. As mentioned previously I will not be dealing with “Agency” and will only deal directly with MR A as again summarized by the evidence below: I have also contacted “HOUSE” to discuss the situation. I have never NOT taken responsibility for the replacement of the basin and I again feel that “Agency” is acting in an improper manner. Once I have received a business address of MR A and or made contact with him, I am willing to pay for the basin as discussed previously.
    The main reasons for needing a business address and to have contact with MR A are:
    1. How do I know that MR A will not request payment for the work done on a later date? As you advised me to deal with MR A directly I feel that my agreement for the replacement was with him NOT “Agency”.
    2. The agreement was with MR A and I will require proof of payment which must include a business address for me to be able to follow up any queries I may have.
    3.
    Could you please provide “HOUSE” with the letter of intention to withdraw/withhold a portion of the deposit in writing and signed by the manager/owner of “Agency” also detailing the reasons for this.

    I again formally request that you justify your actions in writing to me for me to fully understand your involvement in this situation.

    Please could all contact concerning this matter be done in writing via email or post as proof of interaction!

    Sent: Mon 10/16/2006 10:31 PM: I will now deal with MR A directly after contacting him by phone and request all future correspondence in writing.
    Sent: Mon 10/16/2006 10:31 PM: I cannot forward any payment to MR A as there is no postal address included in the invoice sent by “Agency”. I will request a postal address from MR A a soon as possible. I will again request the original invoice for the basin purchased by MR A.
    I will now deal with MR A directly after contacting him by phone and request all future correspondence in writing.
    Sent: Tue 10/17/2006 9:40 AM: Please forward the cheque made payable to Mr D King to our address and we will forward to him.

    1. The responsibility to replace the basin would be mine (30th April 2006)
    I refer to your email dated 30th April where you stated

    a. “I know that MR A had done the search and gathered all the info for you to replace the sink with the matching one. I think that we originally agreed that you would sort this out direct with MR A, or another plumber of your choice
    2. Authorisation was given to me by “Agency” to purchase the agreed basin (24th August 2006)
    3. No authorisation for purchasing a basin was given to MR A or to “Agency” by me
    4. I did purchase a basin correct to the specification as confirmed by you (24th August 2006)
    5. “AgencY” had given MR A instruction to proceed with his replacement of his basin (13 June 2006)

    As you confirmed on the 30th April that I will have to deal directly with MR A, which I have been doing until “AgencY” interfered with the agreed plan. The replacement of the basin was therefore between me and MR A. I feel that “AgencY” is now interfering once again in the agreed plan by threatening to withhold the deposit of “HOUSE” residence. . The payment of the outstanding money is between me and MR A (as agreed on the 30th April) and not “Agency”. If you feel that this is incorrect, please inform me in writing on how I have misunderstood this.

    Thank you
    ME

    #2
    This seems to be a storm in a teacup.

    There is no mention of the labour charges here at all.

    If an expensive coloured basin was needed to match other items in the suite that is one issue. It seems however the price you are being charged by the landlord excludes any costs for labour.

    If that is so count yourself lucky that your only contribution to the labour costs is the return fee you have incurred as a result of a misunderstanding of when and by whom the basin should have been purchased.

    The landlord seems to have been very fair in this case giving you every opportunity to get comparative prices for replacement and installation as an alternative to the landlord completing the work. So often on these forums we have landlords presenting a bills that the tenant allege are unreasonable.
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


      #3
      thanks for you r reply

      >>There is no mention of the labour charges here at all.
      the total amount of £219 includes labour charges of £50.

      >>...incurred as a result of a misunderstanding of when and by whom the basin should have been purchased.
      As stated in the emails from the lardlord that im responsible for the replacement and the installation of the basin.

      >>So often on these forums we have landlords presenting a bills that the tenant allege are unreasonable
      Im not disputing the bill, im disputing the fact that the agency has involved himself and caused confusion after given me the responsibility (as noted in the email by him)...

      i dont think is is fair that the agency has involved themselves after saying that its my responsibility. The cost of the basin has now escalated by as additional £30 (and my travel expenses). Note My basin was dropped many days before the agencies plumber had installed his basin. And i also asked if i could proceed with the installation and was given the go ahead. I dont feel i should be paying for the agency involvement in this matter..

      I feel i have enough evidence and feel should take this further

      thanks again.

      Comment


        #4
        So what is the actual amount you want to claim back from them? £50?

        Even if they used your basin, who would have paid the labour charge ? or did you expect the LL to do this?

        Your post is very confusing.
        Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

        Comment


          #5
          Originally posted by omneo View Post
          thanks for you r reply

          >>There is no mention of the labour charges here at all.
          the total amount of £219 includes labour charges of £50.<snip>
          .
          If you are going to pursue this further you should set out the relevant facts much more clearly.

          You have damaged an expensive wash basin and the landlord has charged a very reasonable fee for installation of its replacement.

          It is not clear who made the contract for the plumber to visit and complete the work. In any case it would be sensible for you to forward a cheque to the agent/landlord in connection with the works completed on their instructions. Ask them to forward this to the plumber if they are satisfied that the work has been completed satisfactorily and has an adequate warranty. That way there will be no comeback if there are future problems.

          My response to storms in a teacup and long and tedious letters would be to serve a S21 Notice requiring possession of the property. The conflict that has arisen between yourself and the landlord might well affect not only your life but that of your co-tenants as probably the landlord will have to give notice to you all.

          Once all the detail is set out clearly then maybe you do have an issue on principle but sometimes better to view things from the point of view of expediency.

          With most of our tenants I have returned deposits promptly and have been generous in what I have regarded as fair wear and tear. If you are too stroppy on what could have been a misunderstanding you could reap a whirlwind at the time of your departure!!!!
          Vic - wicked landlord
          Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
          Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

          Comment

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