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Emorgas
Posts: 4 Newbie
I am currently negotiating with my landlord about deductions to be made from my rental deposit. One of the deductions that they have asked to make is for their travel expenses for visits to the property to replace items that were damaged during the tenancy. Their initial request was for 48 miles at 45p = £21.60 as a result of three trips (8 miles each way) they made to the property.
Searching online I have found no information either way with regard to travel expenses being deducted from a tenancy deposit and anyone I ask has not experienced this. I feel that it is something that would usually not be deducted and want to argue against but the contact contains the following clause that gives me the impression that they may be able to claim for travel.
Should I argue against this deduction or is it likely that it would be awarded to the LL should the dispute be escalated to arbitration?
Searching online I have found no information either way with regard to travel expenses being deducted from a tenancy deposit and anyone I ask has not experienced this. I feel that it is something that would usually not be deducted and want to argue against but the contact contains the following clause that gives me the impression that they may be able to claim for travel.
The landlord may retain from the Deposit:
...any sum the Landlord expends or incurs in remedying any failure by the Tenant to comply with the obligations under this agreement...
Should I argue against this deduction or is it likely that it would be awarded to the LL should the dispute be escalated to arbitration?
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Comments
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Did you break them or did they break due to reasonable wear and tear?0
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It was a fridge shelf that cracked whilst we were there, we didn't do anything in particular to break it but I accepted responsibility for the item and we have agreed to deduct the replacement cost of it.0
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Which company is holding the deposit? Can you check their website and see if there is any info on there about how they view this? It used to be that landlords could claim against their tax bill for travel expenses for inspection visits, but HMRC has cracked down on that a bit in recent years. That said, personally I think the landlord is being a bit cheeky, but others may have their own views!0
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Which company is holding the deposit? Can you check their website and see if there is any info on there about how they view this? It used to be that landlords could claim against their tax bill for travel expenses for inspection visits, but HMRC has cracked down on that a bit in recent years. That said, personally I think the landlord is being a bit cheeky, but others may have their own views!
It is held by DPS, I have looked on their website but none of the documentation I have read mentions travel costs for fixing issues; the only costs mentioned are those for the actual replacement/repair of the item. The closest thing I can find is "Generally, landlords can’t claim for their time and inconvenience; although a reasonable claim
may be considered if proportionate and supported by comparable examples." on their guide to deposits and disputes pdf.0 -
It sounds as if you are being charged for the time and expense of the LL getting sourcing and fitting the shelf.
I sort of understand what the LL might be doing in as much as they are trying to be transparent with the costing although the transparency may not seem in your favour as you are being asked to pay for what is in effect an itemised bill.
Had the LL got the job done via a maintenance/handyman person you would probably have been charged a flat fee to supply and fit the shelf.
so for example they may not have itemised the bill in the same way other than materials and a labour rate, the travel costs would be much less transparent but no doubt absorbed somewhere in the labour rate.
I guess it boils down to for example the difference between a bill for £60 clearly documented or a to supply and fit type bill for the same amount.
Either way it was the costs involved in getting the item fixed.
Was it agreed that the shelf replacement would be charged via the deposit?
Just a little curious as to why you didn't pay for it when the replacement was fitted or is it something that has only happened recently?in S 38 T 2 F 50
out S 36 T 9 F 24 FF 4
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need_an_answer wrote: »It sounds as if you are being charged for the time and expense of the LL getting sourcing and fitting the shelf.
I sort of understand what the LL might be doing in as much as they are trying to be transparent with the costing although the transparency may not seem in your favour as you are being asked to pay for what is in effect an itemised bill.
Had the LL got the job done via a maintenance/handyman person you would probably have been charged a flat fee to supply and fit the shelf.
so for example they may not have itemised the bill in the same way other than materials and a labour rate.
Was it agreed that the shelf replacement would be charged via the deposit?
Just a little curious as to why you didn't pay for it when the replacement was fitted or is it something that has only happened recently?
I discovered the damage to the shelf when cleaning the fridge on the day that I moved out so it has been agreed that it be deducted from the deposit. Two of the trips being charged for are the trip the landlord made to the property to collect the broken item to identify a replacement and a second trip to take the shelf to the property.0 -
you could dispute it but then he could have paid someone else to replace it at a higher cost to you.0
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I have edited my original post to add an example.
I guess everyones intetpretation is going to be different but my own perspective on it being discovered at move out time would be as a LL if I could reasonably source another that's what you would be charged for.(if a tradesperson repair were needed then I would pass whole cost as it was not my mileage to go to property)
The fact that you have now left the property put it back in my responsibility and I would expect to make several visits over the near future to get it ready for the next tenant,
I would not specifically charge you for the mileage as it would in my mind be considered "between tenants"
But sorry I am not your LL and I appreciate there may be no standard way to approach this deduction
I guess the question now is all in was the amount deducted reasonable?in S 38 T 2 F 50
out S 36 T 9 F 24 FF 4
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