Need help! Landlady wants to deduct my deposit for the wear and tear of bathtub

ravenfield

I rented at a private landlady house in Reading from January to June 2009. She asked me to leave because she can't cope with the following..

1. Won't allow me to use soap in the bathtub as it spoils her enamel bathtu. She claims the enamel has 4-6 more areas comming off (each area is probabaly 2mmx2mm). I think they came off because she demanded me to scrub the bathtub each time after I shower and to wipe the shower area spanking dry and she doesn't want to see trails of water in the bathtub as she doesn't want scales to build up. Each time I shower, I have to spend 15mins cleaning the bathroom.
2. Won't allow me to do stir fry in the kitchen as the garlic smell is killing her. Because of her fierceness, I've stop using garlic in cooking all together. I used about 6-7 cloves of garlic each time I cook so perhaps it is a bit excessive. At start of contract I have warned her I love cooking so need her to be sure she can cope with it. She says she used to have indians who cook curry and she loves the smells of food.
3. Says I'm using excessive electricity and gas which she asked me to pay over £100 on top of my rent to cover the first 3 months of usage while staying there. At the start of contract, I was told my rent includes gas and electricity but I can't be bother to argue with her because of her fierceness. Her face turns red when she argue with me as if going to have a heart attack.

I moved out since end of June and she was on holiday so wasn't able to return my deposit immediately. At the time, her daughter from London, already told me they will deduct my deposit to repair the bathtub. However my colleague is furious as they think it's just normal wear and tear. Moreover I was only there for 6 months! Until today I still haven't got my deposit back and her daughter claims she's off sick. Landlady's daughter also said her mum cant write me a cheque as she's out of cheques so waiting for bank to sent a new book. What also annoys me is her mum has my mobile number so why isn't her talking to me and send her daughter instead. Her daughter has to call my work place and ask for me to update me.

Obviously she stays in the house which allows her to get away from the deposit protection scheme so I can't use that against her. She only take cash for the rent and so I presume she doesn't have to inform the council she's renting out a room. In the past she claimed she used to have more than 3 tenants in the house.

Anyone can tell me what I can do to get my full deposit back? I really suspect she's doing all these intentially so she can keeps kicking tenants off and stole part of their deposit. :mad:

pinkshoes

Send a recorded delivery letter giving her 14 days to return your full deposit of <insert amount>, otherwise you will be pursuing her through the small claims court to get it back.

Also point out that you did NOT damage the bath.

DO you have photos of the bath before and after?

ravenfield

I didn't think of taking photos because they didn't mentioned about deducting deposit until I have moved all my stuff over to the new place. And after I clean the room spanking clean then they told me they might charge me to get a cleaner in and for repairing the bathtub. I was sweating like mad after the bedroom cleaning and had no camera at hand.

I didn't think of taking photo of the bathtub partly because we won't be able to see those enamel that has come off. They are so tiny, two (or three) 1mm x 1mm and there is only one (or two) big ones of 2mm x 2mm size

keith969

pinkshoes wrote: »

Send a recorded delivery letter giving her 14 days to return your full deposit of <insert amount>, otherwise you will be pursuing her through the small claims court to get it back.

Seconded, that worked for me in the past. Even if you have to start proceedings in the small claims court, its only £25 and you can do it online.

princeofpounds

The burden is on her to prove on the balance of probabilities that the damage was caused, and caused by you. She will find it hard to do that, although I don't know if there is any evidence she can fabricate.

The burden is on you to prove there was a deposit.

If you think that the balance is in your favour, then letter before action, then small claims court. Don't even bother discussing the details with her unless it's to negotiate a settlement.

Sounds like a weirdo! No soap in a bathtub!

tek-monkey

Was your rent enough to take her over the tax threshold for renting out a room? Was she paying it if so? Threaten with court, see what she does.

theartfullodger

(fair) wear and tear may not be taken from deposit. end of.

Cheeky LL - yup, threaten to use, report to HMRC (limit is £4,250pa for all rooms added together) ..

Cheers!

Lodger (Landlord)

ravenfield

I have proof of deposit, she gave me a receipt last time when i paid her the money. But I won't have proof of rent payed to her as she wanted it ONLY in cash.

Well I only rented for 6 months and rent is £300. Is that enough to take it over the tax treshold? trouble is I doubt there will be much left if she's going to deduct the bathtub repair.

If you think no soap in bathtub is weird then try these other requests she made...
1. No washing powder allowed to be used with her washing machine. As it might damage her Whirlpool washing machine. Only liquid form allowed.
2. Cooked food with plastic packaging (i.e. ham, frankfurters) are not allowed in specific compartment of the fridge. But she does it herself at some point, what a double standard!
3. I must shower while the central heating is on, and after 10pm (I don't shower in the morning) I'm not allowed to shower anymore because it will cause her expensive bill. She didn't specify this requirement when I moved in. I didn't complain much because I was too kind and I accepted she didn't expect me to shower everyday.
4. Everyday she goes into my room to open and close the blinder (or open/shut window) when the sun comes out or goes away.
5. After the gas and electric bill incidents, she went into my room to swith off power sockets as my monitor is on standby and some phone/laptop adaptors are always connected (despite no phones or laptop attached). Mind you sometimes she walked out of the house with her TV swithed ON or the kitchen lights switched ON (4 or 5 60w bulbs).

She had her daughter to write me down a list of do and donts but I regret throwing it away now after moving out. I think her daugther or a relative is a lawyer.

princeofpounds

Because you are were a lodger, it's unfortunately the case that her stupid rules are all allowable. They are entertaining to read but not really relevant to the case (except bathtub incident perhaps).

Not having a receipt for the rent is a big problem. She might try to claim it for 'arrears'. You should try to get some sort of recognition out of her in writing that your rent was up to date, but how you would do that now I don't know.

She is under tax allowance.

ravenfield

I guess I can only proof that all rent has been paid up once she sent me my remaining deposit after the deduction.

I got sms from her daughter that I will get my deposit back after I asked her to confirm a date. Perhaps I can use that as evidence as she didn't mention any issue with missing rent.

princeofpounds

Omission to mention it can help on the balance of probabilities, but it's not cast-iron.

Your best bet is probably to request a list of all the things she wants to deduct from your deposit in writing. When that doesn't contain rent, you are good to go.