Can i hold back some of the deposit for a broken item during the tenancy

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

  • Can i hold back some of the deposit for a broken item during the tenancy

    Hi,


    Can i hold back some of the deposit for a broken item during the tenancy?

    I rented out a room in my flat 6 months ago

    After two months my flat mate said the freezer was built up with ice and
    decided to defrost it.

    After defrosting the freezer would not work.

    I called an engineer who said that the seal had been damaged during the defrosting process and released the gas therefore the freezer was an economical write off.
    At the time I asked for my flatmate to pay towards a replacement and which she refused saying there was a fault and dismissed the engineers finding.

    I then decided to replace the item to keep the house in order and to not have a hostile environment.

    Now 4 month later she has decided to move on, do i still have grounds to hold back some of the deposit?

  • #2
    You mean your flatmate is in fact a lodger and not party to any tenancy agreement. If so you can do what you like. As you appear to be a resident landlord then you cannot have a 'tenant'.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


    • #3
      even if it occurred 4 months ago?

      Comment


      • #4
        Of course. I suggest to be fair, you make some allowance for the age of the old freezer. Say it might be expected to last twenty years, but had its life cut short by ten years, you should only ask for half of the cost of a replacement.

        (This is how us landlords have to justify deposit deductions.)

        Comment


        • #5
          Originally posted by JK0 View Post
          Of course. I suggest to be fair, you make some allowance for the age of the old freezer. Say it might be expected to last twenty years, but had its life cut short by ten years, you should only ask for half of the cost of a replacement.

          (This is how us landlords have to justify deposit deductions.)
          I think that might be pushing it a bit! Old white goods, even freezers which work well have no commercial value after 10 years.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


          • #6
            Originally posted by landland View Post
            I called an engineer who said that the seal had been damaged during the defrosting process and released the gas therefore the freezer was an economical write off.
            As someone who has personally defrosted freezers dozens of times over the years without event - what seal is this we're talking about and how has it been sufficiently damaged as to 'release the gas' and write off the freezer?

            (Am thinking the seal is a rubber mechanical strip around the door, completely separate from the compressor etc at the back of the appliance, which contains the refrigerant...)

            Comment

            Latest Activity

            Collapse

            • This is a NO isn't it? Seems iffy to me, what do you think?
              Berlingogirl
              This is a NO isn't it? Seems iffy to me, what do you think? Any insights? My ad is on Gumtree.



              "Hello, I'm A***** a British America Business man, I have a business project in your area and I'll like to rent your apartment for the period of 6 month and I'll like to know...
              27-07-2017, 13:57 PM
            • Reply to This is a NO isn't it? Seems iffy to me, what do you think?
              Berlingogirl
              I'm trying to , jta, but I think he knows I know....
              27-07-2017, 20:16 PM
            • Extremely anti-social and criminal tenant -Section 8
              BouwensPB
              I have an extremely anti-social and criminal tenant. My neighbours think she is possibly a sex worker and drugs abusing and dealing. She has made a witnessed and CCTV sited assault on one neighbour and has verbally abused others. 3 crimes have been reported and the local authority talk about making...
              26-07-2017, 16:09 PM
            • Reply to Extremely anti-social and criminal tenant -Section 8
              Wright76
              You are also aware you are now liable to pay her a penalty of up three times the deposit value?.

              My experience of a drug addict is that they will leave with a financial offering.

              Strike a deal taking into account your likely penalty and eviction costs and offer her an amount...
              27-07-2017, 19:10 PM
            • Reply to Extremely anti-social and criminal tenant -Section 8
              theartfullodger
              Check insurance for what you must do knowing what you do....
              27-07-2017, 19:00 PM
            • Tips for making a good impression when meeting a landlord
              purpleangel
              Our potential new landlady has 'approved us in principle' but wants to meet us at the house as the final part in the referencing process. Beside the obvious such as look smart, tidy and professional and warn the kids to behave, any particular tips for making sure this last hurdle goes smoothly?
              26-07-2017, 10:11 AM
            • Reply to Tips for making a good impression when meeting a landlord
              Wright76
              Some of the above comments are crazy!. If they have aleady done their referencing and credit checks then they likely just want to meet you.

              As someone said above, they are trusting you with their very valuable asset.

              As a landlord I couldn't care less what clothes someone...
              27-07-2017, 19:00 PM
            • Landlord Address
              bsward
              Hello,

              Tenancy finished a couple of months ago. The landlord withheld part of the deposit for a variety of reasons. As the tenant, I disputed those deductions as incorrect - they contradict the Checkout Report which was completed by an agent of the Landlord but that's besides the point....
              27-07-2017, 09:58 AM
            • Reply to Landlord Address
              theartfullodger
              As the tenancy has finished you have no right to his address from agent.

              Have you spent £3 with land registry to get deeds of property & see who is listed as owner & what address?? (Landlord may not be owner... legal, no very uncommon...)
              https://www.gov.uk/search-propert...
              27-07-2017, 18:59 PM
            • Tenant's energy debt.
              Gordonmrln
              I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
              20-07-2017, 22:08 PM
            Working...
            X