Help, Landlord wanting to keep part of deposit!

Soot2006

It's completely irrelevant whether you're responsible or not.

Ok, so you can be a nice person and give him money toward having it fixed ... but only AFTER you've had your deposit back in full. No inventory, no deposit protection = no sympathy.

Surely his building insurance will cover damage caused from the outside anyway?

Debt_Free_Chick

blaise802001 wrote: »

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.

Handing the keys back isn't the issue.

Contractually, you were the tenant until 20 February - and if there's any report to the Police, then you should be making it.

Would you not go 50/50 with the LL?

blaise802001

I think I probably would have if he'd asked me nicely lol DFC, but his attitude stinks. He's demanded that I pay for it, and has said he doesn't care how it was done, just get it fixed or pay for it, as you can read above yourself.

Soot2006

Contractually, you were the tenant until 20 February - and if there's any report to the Police, then you should be making it.

I do agree with this , however!!

blaise802001

Soot2006 wrote: »

I do agree with this , however!!

So what should I do, give the local police station a call?? I have no idea when the damage was caused and also I will be posting the keys to him recorded delivery tomorrow.

paintpot

Sorry but I don't agree with this. Glass in windows is the responsibility of the landlord unless it can be proven that the tenant broke it. As it was caused from the outside then there is as much chance that it was caused by a stranger as the the tenant and as the tenant is not admitting liability and the landlord can't prove that the tenant caused it then the landlord should pay. It doesn't matter whether the tenant was still in possession of the property. The landlord should decide whether they wish to claim on their insurance or not but if they do want to claim and a crime number is required then the tenant should co-operate as much as they can.

On the basis that there was no inventory, the deposit wasn't protected etc then you have every right to decline the deduction from your deposit. In which case you would have to send a letter before action (you could state that you will pursue a case for 3 x times the deposit in addition to your deposit), request full return of your deposit within 7 or 14 days and then be prepared to follow that threat through if you do not get your money back. The alternative is that you agree a settlement but that's entirely up to you.

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?

greenface

blaise802001 wrote: »

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!!!

Heres a little thing that you've all missed from the very first post and could be critical in a question i would like the answer to.
If the glass has cracked it isnt toughened its in a door it should be. Laminated is acceptable but 4x the price so doubtful and it could have a shatter-proof film on but you mention (on the outside piece) so would be impractical to put onto both panes. If its not safety glass (bs6260)or something similar It shouldnt be in a door .25 years working with windows :whistle:

Plus find me a door on ebay tell me whats cracked because £200 is a lot of money ill tell you how much it really costs.
Plus im on one here now. Damage could be caused at anytime but the op did tell the LL when they were moving out that should be the day contract ends. If its before the end of the payment thats boll*x . I sell a car its gone and isnt mine anymore. its not mine till my fuels gone or my tax runs out.

Judith_W

The situation certainly seems in your favour Blaise. If there was no original inventory then the landlord has no proof that it wasn't like that when you moved in. Don't accept any liablilty

neas

Just start a claim for 3x deposit claim.... then pay him the 200 quid from your 'winnings' just to be snide .

Id take pleasure in that... paying him with his own money :money:

clutton_2

OP say s

"". 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"

you have given notice and paid rent until 20 feb. You are responsible for the property till 20 feb, whether you lived there or not.

the LL is in the wrong re not taking an inventory and not depositing your deposit with a deposit scheme.

some compromise is the answer

if he does not know about the 3x deposit entitlement by tenants, then a courteous letter to him about it, and an offer of £100 on your part may make him aware of the law and may offer a compromise.

going to court is a long tedious business and will cost you money with no guarantee that you will win. if the LL deposits the deposit before the court hearting you may lose and you will then have spent £150 for nothing