Broken door lock - maintenance issue but being deducted from deposit?

EagerLearner

Bumpitybump... hoping someone is online to help...

ifonlyitwaseasier

i think thats a good idea but i'd not offer her anything, and i'd deffo report her for lack of gas safety cert, even if you get the deposit back

EagerLearner

Hello ifonlyitwaseasier - do you know if the gas safety applies even if it's just a boiler and no actual gas appliances? I imagine so but just wanted to check.

Also, would Clutton or anyone else know: I presume then that she would not have had to have an electrical check when we moved in in 2007? Or is that something else we can add to what we write to her?

We will e-mail her tonight but just wanted to garter any additional info anyone had before we do so.

planning303

Yes Gas safety check requirements do apply even if the boiler is the only gas using appliance

Astec

Cheers for that Liggins. I seem to have the same issues as the OP...very scary indeed!

Got a gas hob and boiler, never seen a gas cert. My LL better play nice or I won't!

Btw, eagle. I wouldn't even offer the £50. Not your place to fix it. Surely the LL needs to prove it's misuse that caused the damage?

ifonlyitwaseasier

ditto liggins, has to be done

EagerLearner

Thank you all for your help and reassurances so far. Astec, we must stick to our guns it seems!

She is now mentioning other items, like a window that we never used being 'broken' (don't think it was in the inventory but will check), a £50 charge for a 2mm ding in the kitchen counter(!) and a charge for plumber to attend to fix a shower which unbenown to us, the showerhead was clogged and just needed descaling.

I guess then that we will reply to the points she has raised, and say that when we disagree with the charge she is trying to extract, that during the ADR process we will show she has been negligent by:

A) Attempting to claim on a non-working fixture & fitting that we reported in Summer, but was left in disrepair for several months despite a 2nd reminder in October. Landlord neither repaired the item nor instructed us to obtain quotes on her behalf whilst tenancy was active.

Failing to provide copy of Gas Safety certification in year 1 and not carrying out actual servicing of the boiler in years 2 and 3, providing her relevant links to Health & Safety and the possible fine.

C) Instructing us to attend the property on 30th Dec for final checkout at a certain time, then canceling due to social engagements.

Or something along those lines anyway...

We will also say that the burden of proof will be on her to show we actively misused and damaged the handle and that we may require our own independent locksmith to attend.

Any thoughts from landlords on these points?

paddy's_mum

Given EagerLearner's past history on this site - I once spent an entire Sunday afternoon going through her massive previous cheating landlord thread - it almost seems a pity that someone doesn't let this current landlord know what she has bitten off and who she has taken on!

EagerLearner

Thanks Paddy's Mum - seems we get these battles for a reason, eh!
My overall temptation is to let it slide but we have today heard from the professional cleaning company who we hired to clean the place, turns out they had prior dealings with her and she is a nightmare...

Writing draft e-mail now, so any further thoughts much appreciated...

clutton_2

El

""She is now mentioning other items, like a window that we never used being 'broken' (don't think it was in the inventory but will check), a £50 charge for a 2mm ding in the kitchen counter(!) and a charge for plumber to attend to fix a shower which unbenown to us, the showerhead was clogged and just needed descaling.

I guess then that we will reply to the points she has raised, and say that when we disagree with the charge she is trying to extract, that during the ADR process we will show she has been negligent by:

A) Attempting to claim on a non-working fixture & fitting that we reported in Summer, but was left in disrepair for several months despite a 2nd reminder in October. Landlord neither repaired the item nor instructed us to obtain quotes on her behalf whilst tenancy was active.

Do you have all of A) in writing - ? (assume this is the door handle)

Failing to provide copy of Gas Safety certification in year 1 and not carrying out actual servicing of the boiler in years 2 and 3, providing her relevant links to Health & Safety and the possible fine.


"Servicing" is not a legal requirement - provision of a Landlords Gas Safety Certificate (which is NOT a service) is what is legally required.


However - this has nothing whatsoever to do with the deposit deduction issue, why are you bringing it up here ?

C) Instructing us to attend the property on 30th Dec for final checkout at a certain time, then canceling due to social engagements.

Or something along those lines anyway...

We will also say that the burden of proof will be on her to show we actively misused and damaged the handle and that we may require our own independent locksmith to attend.



As i said before, there is no legal requirement for a landlord to produce any sort of electrical certificate...

EL - i can see that you are trying to pre-empt things here, but, you must stay focused... this is an Arbitration issue about deductions from your deposit. You must only refer to items she is claiming that she wishes to deduct.


As I am sure you know, you need to do it all in writing. Register a Dispute immediately with DPS and then your LL will be asked to produce her list of deductions together with her invoices for teh work.... At that point you can then answer her points one by one...

its no good saying - she is asking me to pay for a shower, so i am going to ignore the shower and talk about LGSC instead....

The Arbiters will look at the paper evidence before them.... concentrate on getting evidence re her allegations not muddying the waters with other matters.

you will have time to report her to EH re lack of LGSC when all this is over