Tenancy / Deposit Problems

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    Tenancy / Deposit Problems

    I finished my tenancy in a rented flat in January and still have not received my deposit. The reason I left the property, is that I was left without a working boiler for 3 months. During this period the property agent was very unresponsive and eventually sacked by the landlord.

    I was hoping to receive my deposit back and put this whole episode behind me, but now the landlord has prepared a list of repairs that he expects me to pay for. Some of these "damages" are clearly mentioned on the inventory from when I moved in. Some, like mildew around windows, were mentioned but became worse during my tenancy (over 3 years). And unfortunatly, Some damages existed when I moved but were not mentioned on the check-in report.

    Basically, I'm looking for advice on how to respond to this. I also want to know if I'm legally entitled to receive a refund on the rent I paid while my flat was without an operational boiler.

    #2
    If you dispute the LL's charges, and cannot agree to settle, then you will have to either settle the dispute via the deposit scheme ADR or in the county court. The LL would have to provide evidence that the alleged damage was caused during the tenancy, e.g. before and after inventory/condition reports.

    Deposit scheme ADR could not, however, deal with the broken boiler issue.

    You are entitled to claim in the county court for damages for the period during which the boiler was broken, but if you won the claim, it's unlikely that you would be awarded 100% of the rent for the period. See this blog post for an idea of the sort of percentages awarded in the court for disrepair http://nearlylegal.co.uk/blog/2011/0...t-1-disrepair/

    N.B. if you claim more than £1,000 the claim may not be allocated to the small claims track, so you would need to seek legal advice, as there are cost consequences in the other tracks of the county court (i.e. much higher court fees and exposure to the defendant's legal costs).

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      #3
      Items Missing from Check-in Report

      My past landlord is trying to claim damages for problems that existed before I moved into the property. The problem is that these problems were not on the check-in report. The check-in report was prepared by a third party company. The problems were identified by the landlord.

      1) The fold out sofa bed apparently has a broken metal frame. I only ever used this as a sofa (I never unfolded it), and the check-in report only identifies this as a "3 seater sofa" (so the check-in person clearly didn't inspect this either).

      2) A small balcony was unusable as it was infested with pigeons. There is no mention of the balcony in the entire check-in report.

      So, basically I want to know if the check-in inventory doesn't mention the item can the landlord pin the responsibility to me? Or am I screwed because the item was not even mentioned on the check-in inventory?

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        #4
        Thanks for the response, westminster. I thought that the small claims limit was £5000. Is this not true?

        Regardless, it looks like I'll need legal advice to better understand my options. Can anyone recommend any options for this? I don't mind paying for advice but I don't want costs to get out of hand. Should I try a local solicitors or online? Use the "Legal Advice" option on this forum? Any recommendations would be appreciated.

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          #5
          Two related threads merged.
          I also post as Mars_Mug when not moderating

          Comment


            #6
            Originally posted by CanL1 View Post
            Thanks for the response, westminster. I thought that the small claims limit was £5000. Is this not true?
            The limit in the small claims track is usually £5,000 but it is £1,000 for disrepair claims by T against LL because such claims are more complex.

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