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can landlord charge me more than my bond for small damages?
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# 1
amyleetee
Old 21-09-2010, 1:01 AM
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Default can landlord charge me more than my bond for small damages?

hi!
im planning on moving from the house i have been renting for five years. i plan to give one months notice, as my tenacy agreement ended for years ago and it was never renuewed so im assuming i will only need to give one months notice.

during the five years there i have had a nightmare dealing with the agency. there have been many things needing repair that has not been seen too such as real bad damp in all rooms except one, around the plug sockets too, mould on the walls and ceilings, the lights don't work upstairs due to faulty wireing and after a flood caused by a badly fitted sink the ceiling in the kitchen is a mess. because of the damp much of the wallpaper is hanging off.

after months of my complaints being ignored i have decided to move. i have though caused damage to one of the carpets upstairs (i dropped paint ) and im worried as the house looks a real mess that i will be held responsible for the mould on the walls and the wallpaper hanging off.

if so could the landlord charge me more than my deposit? im unemployed and couldn't afford losing more than the deposit. As i have a guarantor im worried they'll chase him for lots and lots of money.

i need to move as the house i feel is dangerous for my son......but this is really worrying me. im due to sign my new contract this week. any advice at all would be great or if you know any good website to help me with this. First time in this situation so really dont know what im doing
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# 2
amyleetee
Old 21-09-2010, 1:02 AM
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and just realised how bad i am at spelling.......ahhh well!
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# 3
Annisele
Old 21-09-2010, 1:51 AM
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In theory yes, a LL can sue a T (or T's guarantor) for more than the amount of the deposit. However, they have to show that you actually did cause damage (rather than just fair wear and tear).

It sounds as though you are liable for the paint incident. Regarding the rest...what evidence do you have of the complaints you made to the LA/LL? If you can show a paper trail of five years of you complaining about the damp and the LL promising but failing to fix it, you're in a much stronger position than you would be if everything was phone calls.

Is there an inventory from the beginning of the tenancy? Does it detail the condition of the house?
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# 4
amyleetee
Old 21-09-2010, 12:15 PM
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yeah there was an inventory but there is no mention of the damp on there, but i do have photographs of the damp from the first few months of me being there. unfortunatly i have only made complaints through emails and telephones to the agency but im hoping they will have a record as i never thought to put things in writing. the house was inspected every six months by the agency who filled a form regarding the house condition and sent those to the landlord, so im hoping something was wrote down on there as i did mention it to them.
im currently scrubbing as much of the mould off as possible and re painting to show ive done my best with the house but it's the damp that has ruined the wallpaper beyond my repair.
the carpet paint spill....yeah i accept that would be my responsibility and would accept for that to be paid for out of the bond. Just dob't want any suprise charges for things out of my control.
thanks for the reply.....guess i just best try my hardest with the cleaning and decorating! and then again for in my new place....huff it's going to be one very busy two weeks
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tbs624
Old 21-09-2010, 11:28 PM
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With the carpet , be aware that the LL cannot use your deposit as a sort of new for old insurance, ie for betterment He would have to show the age and condition of the carpet at the start of the tenancy, account for the amount of time you had been in the property and how much "life" would be considered to be left in the carpet, had you not chucked paint over it.

So, let's be generous in our example and say rental carpet cost 200 & might last 10 years, was two years old when you moved, you've been there for 5 years, so have deprived LL of 3 years worth of remaining use. Charge to you 60 quid.
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