Help, Landlord wanting to keep part of deposit!

blaise802001

Long story, but I'll try to keep it brief, moved into a property mid October, not the property originally agreed to rent, but landlord not ready to move out, so agreed to rent his other house on a temporary basis, till original house was ready.
House was full of damp and mould and generally not very nice, the damp didn't come out until after me and the kids had lived there a couple of weeks.
Anyway after a couple of months and still no end in sight of when we could move into the original house I was offered another house by a different landlord. I had no fixed term on my tenancy agreement as it was a temporary abode. I gave my notice to my landlord on 20th Jan and paid rent until 20th Feb. I moved into my new house on 27th Jan, so lost 3 weeks rent with previous landlord, this I'm not disputing as it was in tenancy agreement to give 1 months notice.
This is now where my problems start. I advised my previous landlord of when I would be moving out and he said that he wouldn't refund me early if I left, so to hand keys back to him on 20th Feb (tomorrow). I emailed him to see when was best and he then replied that the front door has a cracked glass panel and it's going to cost £200 to fix and that he will be withholding that part of my deposit.
When I left the property on the 27th Jan, there was no damage to the door. I can only assume it's been done afterwards. The damage is on the outside, and looks like something's been thrown at it and cracked it. I didn't even know it was damaged till he told me via email so drove to have a look at it today. Where do I stand on this, I don't want to pay for something I haven't done. Also he has admitted to me today that my deposit isn't protected via the TDS as he hasn't had the time to do it!!

Thanks for reading and HELLLPPP!!!

JayHam

As long as the damage was not caused intentionally or carelessly by you or any guests then the landlord is responsible for the repair.

As for obtaining the money you could explain that your willing to have the matter referred to the tenancy tribunal who will make a decision on who should pay for the damages.

If he refuses a letter explaining the circumstances and the threat of legal action (simple CCJ) sent to the business/individual should see him quickly pay. Just remember to be polite and give him every opportunity to refund your deposit.

Hope this helps!

Debt_Free_Chick

blaise802001 wrote: »

This is now where my problems start. I advised my previous landlord of when I would be moving out and he said that he wouldn't refund me early if I left, so to hand keys back to him on 20th Feb (tomorrow). I emailed him to see when was best and he then replied that the front door has a cracked glass panel and it's going to cost £200 to fix and that he will be withholding that part of my deposit.

Was there an inventory for the property when you took it on?

Did you have a checkout inspection?

Also he has admitted to me today that my deposit isn't protected via the TDS as he hasn't had the time to do it!!

As I guess you know, it should have been protected within 14 days of payment, but did you have a tenancy agreement to cover this property?

blaise802001

Hi DFC, no there was no inventory either moving in or checkout inspection moving out, apart from when he nipped round one day I gather and noticed this crack.
I had a tenancy agreement, but it just says Assured Shorthold Tenancy on it, no term or anything is stated.

m_13

Try the forums at www.landlordzone.co.uk, they have some very helpful threads about deposit protection. I believe your landlord can be fined three times the deposit for not protecting it.

Debt_Free_Chick

You're in a relatively good position as the LL would have to demonstrate that the door was in perfect condition when you moved in. This is difficult without an inventory. The TDS is likely to side with you or possibly rule that the cost should be shared 50/50.

Before you pursue that route, have you spoken to the LL? Pointed out that the damage appears to have been as a result of an object thrown from outside?

blaise802001

He was the one who told me that it appears to have been done with a sharp object. If hear from him again I will mention that it is on the outside glass panel. Although I'm sure he is aware of this.

Here's part of our convo to date

Date: Wed, 18 Feb 2009 11:44:36 +0000

I have just noticed that the front door has a crack. The glass panel within the door is cracked as if it has been hit with a sharp object.

i have asked --- to provide an estimate for the repairs. He has quoted around £200 including labour.

if you can get it repaired then i have no problems however if you cannot then i will instruct ---- to repair it ASAP.

let me know how you want to proceed

Many thanks


2009/2/18

Hi

---

, the front door was fine when I vacated the property on the 27th, so I'm not prepared to pay for damage that wasn't there when I left. I would like my deposit refunding in full.

Thanks

---

Date: Wed, 18 Feb 2009 13:03:01 +0000

Hi

---

The property is in your possession till you vacate the premises and hand over the keys. Up until you i have received the keys back off you, the property is in your possession.

I have no idea who or what caused it? Whether it happened when moving your furniture in or out or at any other time is not my concern. I am not too keen to find out and how why or when it happened.

The door needs repairing and thats all i am concerned with.

When did you notiice the damage?

Regards

---

Debt_Free_Chick

I think he has a point. Let's assume that you lived in the property until the end of the tenancy and that you came home one day to find that someone had damaged the door. Perhaps a potential burglar or simply a local thug? You would probably have claimed from your insurance or ...... ?????

He does have a point that you were responsible for the property until the end of your tenancy.

Would you pay £100 to have this settled?

Soot2006

Silly tit for tat e-mails ...
Tell him you do not accept liability for the damage. You want your deposit back in full or you will start a small claims proceeding. Then if he doesn't comply send him a final letter before action.

blaise802001

Debt_Free_Chick wrote: »

I think he has a point. Let's assume that you lived in the property until the end of the tenancy and that you came home one day to find that someone had damaged the door. Perhaps a potential burglar or simply a local thug? You would probably have claimed from your insurance or ...... ?????

He does have a point that you were responsible for the property until the end of your tenancy.

Would you pay £100 to have this settled?

But I told him that I was moving out on the 27th January and he told me that he wouldn't refund me before the 20th if I was moving off my own volition. I wanted to hand the keys back before. I have asked him if he would report to the police and get a crime reference number but he hasn't responded to that suggestion.

blaise802001

Soot2006 wrote: »

Silly tit for tat e-mails ...
Tell him you do not accept liability for the damage. You want your deposit back in full or you will start a small claims proceeding. Then if he doesn't comply send him a final letter before action.

Hi I have just done this, so here's to seeing what happens. Thanks to everyone for their help. It's not fair when he knows I haven't lived there for 3 weeks. Hey ho, we live and learn