Landlord claiming we need to pay £600 for repairs for a rotten floor

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    Landlord claiming we need to pay £600 for repairs for a rotten floor

    Hello,

    I am in a pickle like never before. I have a left a property nearly a month ago, with my friends (we lived in a shared apartment), before we left when stepping out of the shower the floor in the bathroom gave up and broke through, making me sprain my ankle. I have missed 3 weeks of work due to the injury as I work in a warehouse. I have informed my landlady and when she has inspected the property after we've left, she is asking us to pay £600 for those repairs. She is threatening us that if we do not make the payment she will force us to pay late rent fees which will amount to around £800.
    We have in our contract that we shall be charged £5 a day if the rent is late, however, during covid we've had issues transferring money from back home to our scottish accounts. We have discussed the issue with her at the time and she has waived those fees, assuring us that it was okay as long as we settle the payments, which we have always done and informed her every step of the way.
    Right now we have found her a good repair man to fix the floor and charge her less then her original quote. She is demanding from us to make a payment of £600 or she will take us to court over the late fees she has waived during our tenancy and is now fabricating that we didn't take care of the property. Which we have, everything was kept clean to the best of our ability as the flat was already neglected. We have photos and the expert opinion of one of the labourers who have inspected the property and advise on the state of the floor. (Please see attached).
    She hasn't released our deposit and is making these crazy claims.

    Can someone please advise if she can make such a claim to back date a fine she has waived and force us to pay for the issue with the floor?
    Mind you we never flooded the property nor had caused any damage.

    **** This is what the labourer said ****
    Thank for your time yesterday. I have analysed what damage you have in your bathroom and how to make improvements without replacing the whole bathroom.

    This is quite a big job since you have leaking hose in the basin that must have been quietly leaking for some time and caused big part of the floor boards to rot which now became apparent and parts of the floor started breaking as you walk. As I have showed you yesterday the vinyl flooring is mouldy and many tiles are cracked as well as you have some random style tiles loose in various places used to just level the floor without even fixing them properly.

    I have summarised two options for you to consider. My quote includes any needed material and labour

    OPTION 1:
    • fix the water leak in the basin hose
    • replace any rotten floor boards and floor structure including disassembling the toilet unit, ripping the tiles and vinyl flooring. (excludes under the bath area which wasn't inspected yet as it requires ripping the floor apart first)
    • once floor structure is rebuilt, cover it with new vinyl flooring similar to the one already in place (colour to be agreed)
    • replace toilet seat that is broken
    • Total invoice amount £800 (Please note I do not provide VAT invoice). This would take no more than 2 days although I would aim to make it one long day if possible since you have people living at the property so getting the bathroom up and running ASAP would be a good thing
    There is potential of up to £100 surcharge subject to the state of the floor underneath the bath. If you are happy to go ahead with my work I will first rip apart the current floor and check the bath area and will let you know if there is any additional work that will increase the price of £800 by max £100. Please note I do take into account some minor need to replace some of the floor underneath the bath in my £800 but looking at the state of the walking area of the floor I don't want to assume the bath area will be in a decent state. But I don't want to rip apart the floor for you to confirm the damage and leave you with mess just in case you are not prepared to start working on it just now.

    Tiles on the wall are looking good so I would aim to avoid any major refurbishment in the bathroom and focus on what is needed to make it look nice and clean again with minimum impact on your finances.

    So option 1 - £800 plus maybe up to £100 extra TBC

    Attached Files

    #2
    From your post I would say that if you have in writing that she waived the late fees she cannot reimpose them now. I think her late fees are probably also unfair & unenforceable.

    If the damage was caused by a leak behind the sink this cannot be attributed to you. If the leak was such that you should have noticed and reported it you might bear some of the blame, but equally the LL should have picked it up in an inspection.

    I would dispute the charges and go to deposit arbitration. I would not recommend getting involved in the repair yourselves. That is not your responsibility.

    Good luck

    Comment


      #3
      If this is in Scotland, the law isn't the same as in England, but I'm reasonably sure than a daily late rent fee of £5 a day isn't enforceable.
      It's a penalty charge, which aren't allowed in Scotland (or England), because the fee far exceeds the traders actual loss.

      You might mention that, as well as that, if the sink leaking caused the floor to rot, you may have a claim for your ankle.
      I don't think that you have a viable case, because it's unlikely that the landlord could have known about the leak any more than you did, but it might help them back down.

      The landlord knows that they haven't a chance of recovering the cost of the repair through a deposit, hence the threat to demand money from a different source.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        LLs problem that the floor gave way - the labourer (if truly independent of you) states the floor was damaged over time by a leaking hose.

        I would contact a No Win, No Fee practice and start a claim for your ankle and lost earnings etc - they will soon tell you if its worth (them) proceeding.

        Your LL is trying it on - play her at her own game.
        My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

        Comment


          #5
          Thank you for your support, I don't want to put a claim through for my ankle, as it's no body's fault. I just want my deposit and I don't want anymore trouble for anyone. The labourer I've got off of facebook, first time I met the man we have no real connection to be honest, so it is my hope they were honest, in their evaluation they did offer another option for repairs of other things that are damaged in the bathroom, but I thought those were irrelevant so didn't mention.

          I appreciate your answers, it helped to ease my mind. I was very concerned my Land Lady would take me to court which I cannot afford.

          Again many thanks guys. I've put a claim through safe deposit scotland to try and retrieve my deposit.

          Comment


            #6
            Most people do not want to go to court so a threat of court can often illicit a response. Your LL is obviously hoping that this will scare you into paying up. Believe me, she doesn't want to go to court either, so, based on the information supplied, you don't seem to have anything to worry about.

            Comment

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