landlord claims negligence

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    landlord claims negligence

    please help..i moved out of a property in early jan
    the landlord has found damage cause by a leak from a different flat upstairs,,i was not aware of this leak so he is claiming negligence for it..
    at best i noticed that the washing machine door cover had become loos which i notified him about on leaving..
    he tells me that on removing the washing machine there was a build up of mould it seems that a gradual..he claims severe ..must have been coming down behind the in built kitchen cupoard and behind the washing machine..i certainly was not aware of a leak as there were no signs if dripping water or electical problems ,,the kitchen spotslights wiring is above the cupboard!
    anyway he wants to retain my deposit £1300 even though he has a claim in to his buildings insurance

    he is claiming his time to sort this out £400
    increased insuance premium even though he has not heard what it will be
    also £200 for cleaning.. i though i left this property in a good state..i would agree that it may benefit from extra cleaning but he did not provide an inventory or status of condition on moving in..

    when he let the property before i left his partner or the many people the agent took round did not flag this up..
    what do you think he assures me he is well assured that he has a strong case...

    #2
    Originally posted by boomshake22 View Post
    please help..i moved out of a property in early jan
    the landlord has found damage cause by a leak from a different flat upstairs,,i was not aware of this leak so he is claiming negligence for it..
    at best i noticed that the washing machine door cover had become loos which i notified him about on leaving..
    he tells me that on removing the washing machine there was a build up of mould it seems that a gradual..he claims severe ..must have been coming down behind the in built kitchen cupoard and behind the washing machine..i certainly was not aware of a leak as there were no signs if dripping water or electical problems ,,the kitchen spotslights wiring is above the cupboard!
    anyway he wants to retain my deposit £1300 even though he has a claim in to his buildings insurance

    he is claiming his time to sort this out £400
    increased insuance premium even though he has not heard what it will be
    also £200 for cleaning.. i though i left this property in a good state..i would agree that it may benefit from extra cleaning but he did not provide an inventory or status of condition on moving in..

    when he let the property before i left his partner or the many people the agent took round did not flag this up..
    what do you think he assures me he is well assured that he has a strong case...
    It's not your own negligence, is it? Your case against L seems strong- so resist, resist, as Steve Harley advised.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Hello Boomshake,

      There's few things worse than being stung by a landlord like this - you truly have my empathy on the situation.

      What I'd suggest to you is next time you rent, make sure you have an inventory, and a detailed one at that.

      I think that most of us who have rented have had an experience like this. When I moved into my last flat I didn't know anything about inventories or check outs or anything, so did not know to ask for one. My bedroom door had a large hole in it (it looked like it had been punched) filled in with a trowel-ful of polyfilla. The door was still functional, even if it did look a bit ugly. I ignored it.

      When I moved out, my landlord claimed that the door hadn't been in that condition when I'd moved in and, although I argued that it had been, clearly I could not prove that was the case as had no inventory, like yourself.

      As it turned out, I was charged about £100 for the door, plus a charge for steam-cleaning the carpet. I'd had it cleaned, as my contract had asked, but I hadn't looked closely enough at the wording: he expected a steam clean and I only bought a shampoo. More fool me.

      Anyway, the kind of thing you want to look for is an inventory with this sort of detail.

      Comment


        #4
        Two posts here from tenants who felt that they could not prove the condition of they left the property was not the same as when they moved in.

        The onus of proof is on the landlord!!!

        If he has not provided an inventory and condition report signed by both the landlord and tenant he has no proof that the property was in a satisfactory condition when the tenant moved in.

        If the tenant took proceedings in County Court or MoneyClaim on line for return of the deposit the landlord would have to return the deposit.

        It's important therefore that the tenant is given an opportunity to note defects on the incoming inventory and condition report. It's equally important that landlords note any problems on a outgoing inventory.

        The tenant should be prepared to discuss with the landlord whether or not any defects alleged by him are fair wear and tear and note this on the outgoing inventory.
        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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