Deposit and Repairs

robert234

Hi, I have a dispute with my landlord. I had a written tenancy agreement with my landlord for 9 months however after 9 months the landlord did not renew the agreement, hence verbal agreement since then. I vacated the property after 3yrs and gave the keys to the landlord. The agent (acting on behalf of landlord) sent e-mail for repairs (GBP575) in the month I vacated the property and I replied to him that the repair should be adjusted from the deposit and I don't owe any money to the landlord. I didn't paid the last month rent as the deposit was sufficient for repairs and part rent (vacated middle of the month) Initially I paid deposit of GBP671 but not sure whether the landlord has deposited in the protection schemes. After 6 months the landlord sends threatening letter (by recorded delivery) claiming damages for repairs of GBP900. I replied saying that the deposit is sufficient for covering the cost of repairs and rent for last month. The landlord also did not change the carpet for 2 years in spite of several reminders which was in very unhygienic condition. Several times had problems in the winter with the boiler which he got repaired but had to wait for 3-4 weeks.

He replies again (through e-mail and normal post) claiming more money (including interest on unpaid rent) for repairs and rent. He did not provide any information on my original deposit.

Does the landlord has any leg in the court to sue me for repairs and rent even though he has not put my deposit in protection schemes and not returned?

thanks for your help and advice.

robert

Edinburghlass_2

Anyone about that can help the OP who unfortunately posted on the wrong board? Thanks.

BitterAndTwisted

What was the exact date that the original tenancy agreement commenced? Was there an inventory at the start of the tenancy describing the condition of the property and all its contents and did you sign it?

tbs624

robert234 wrote: »

Hi, I have a dispute with my landlord. I had a written tenancy agreement with my landlord for 9 months however after 9 months the landlord did not renew the agreement, hence verbal agreement since then. I vacated the property after 3yrs and gave the keys to the landlord.

What you had after the original Fixed Term expired was a Statutory Periodic Tenancy. This arises under Statute (hence the name) if the LL has not sought a court order to evict and the T remains in the property. All the original FT clauses apply, except for “determination”, ie how the contract ends. This requires two months’ notice from the LL and one month from you, to tie in with the rental period.If you are paying monthly then the rental period is a month running from the day after the expiry of your Fixed Term (that date may or may not be the same as your “rent due”date)

robert234 wrote: »

The agent (acting on behalf of landlord) sent e-mail for repairs (GBP575) in the month I vacated the property and I replied to him that the repair should be adjusted from the deposit and I don't owe any money to the landlord.

I didn't paid the last month rent as the deposit was sufficient for repairs and part rent (vacated middle of the month)

Rent and the deposit are two different things - you are contractually obliged to pay your rent for the full term of your tenancy. Did you properly time your notice to the LL, and your actual vacating of the property? If you stayed just one day past the official date, then you would become liable for a further month’s rent

robert234 wrote: »

Initially I paid deposit of GBP671 but not sure whether the landlord has deposited in the protection schemes.

The LL was only required to scheme register your deposit if it was received by him on or after 6 April 2007 or you signed up for a new Fixed Term after that date ( property in Eng/Wales only)

robert234 wrote: »

After 6 months the landlord sends threatening letter (by recorded delivery) claiming damages for repairs of GBP900.

I replied saying that the deposit is sufficient for covering the cost of repairs and rent for last month.

See my previous comment on rent/deposit. However, you are now saying that the LLs dilapidations claim has increased from his original £575 to £900?

robert234 wrote: »

The landlord also did not change the carpet for 2 years in spite of several reminders which was in very unhygienic condition.

Several times had problems in the winter with the boiler which he got repaired but had to wait for 3-4 weeks.

It’s no good bringing the issue with the boiler up now - T has to report problems in writing, LL has to get things fix within a “reasonable” time. You could jave asked for temporary water/space heaters whilst repairs were being sorted.

Was the carpet in this “unhygienic state” when you moved in and recorded as being so, on an inventory?

robert234 wrote: »

He replies again (through e-mail and normal post) claiming more money (including interest on unpaid rent) for repairs and rent. He did not provide any information on my original deposit.

the LL can claim interest if you owe him money and he can also claim his court costs, if he wins any case.

robert234 wrote: »

Does the landlord has any leg in the court to sue me for repairs and rent even though he has not put my deposit in protection schemes and not returned?

Yes, see points above.

You need to post up more information about when your original FT agreement started and ended. You can write to the LL asking for a proper breakdown of what he says is owed by you and then work from there.

robert234

Thanks for your reply tbs624.

FT commenced in Nov06 and ended in July07. After expiry of FT in July07 and when no lease has been renewed and if all the original clauses apply thereafter then deposit clause will also apply. That means does he not obliged to put the deposit in the protection scheme?

I properly noticed the LL before vacating and the agent acknowledged and took the keys on the last day.
Deposit was with the landlord after the expiry of the FT lease.
LL sent a quote from a contractor for repairs and interior decorations. But it included complete repairs and why should I pay for the whole of repairs?
inventory was taken initially and was signed by both but did not mention about the unhygienic carpet. While vacating neither the LL or agent came down to take the inventory count.

tbs624

robert234 wrote: »

Thanks for your reply tbs624.

FT commenced in Nov06 and ended in July07. After expiry of FT in July07 and when no lease has been renewed and if all the original clauses apply thereafter then deposit clause will also apply. That means does he not obliged to put the deposit in the protection scheme?

My highlighting. No, your original Fixed Term started before the Deposit Regulations came into force and they would only have been subsequently applied to your deposit if you and your LL had signed up for a new Fixed Term after the first one expired.

robert234 wrote: »

I properly noticed the LL before vacating and the agent acknowledged and took the keys on the last day.
Deposit was with the landlord after the expiry of the FT lease.
LL sent a quote from a contractor for repairs and interior decorations. But it included complete repairs and why should I pay for the whole of repairs?

It depends on what the repairs are and why they are needed, plus what the inventory says about the condition of the property when you first moved in.

robert234 wrote: »

inventory was taken initially and was signed by both but did not mention about the unhygienic carpet.

How and when did it become unhygienic? If it was that way when you moved in then you should have noted this down on your inventory. If you have caused an accumulation of dirt or damage then you will be expected to pay to put that right.

robert234 wrote: »

While vacating neither the LL or agent came down to take the inventory count.

Unfortunately, there is nothing that says that they have to do it with you present. This is why many Ts invite their LL or LA to come to the property a week or so before they move out, so that they have chance to rectify anything with which there is a justified issue.

You are expected to return a property in the same condition as when let to you, save for fair wear and tear. FW&T is somewhat subjective but it does not include damage or dirt. However, a LL cannot seek "betterment" via the T's deposit - that is, the LL cannot put himself in a better position regarding the property's condition after the tenancy than he was before the tenancy. So, for example, if a carpet is 2 years old at the start and may have lasted for 10 years (pushing it in a rental property) and the T damages it the T cannot be expected to fund a brand new carpet in its entirety.

I am not sure from your post whether English is perhaps your 2nd language? If you need help to sort this out with the LL you may want to contact the TRO (Tenancy Relations Officer) at your local Council or a case worker with LL and T experience at a local CAB.

As I said before, you need to write to the LL, and ask him to give you a detailed breakdown of what it is that he wishes to deduct from your deposit and why. You have complicated things by refusing to pay your final rent, but that letter is the next step. Once the LL has provided this information, or if he refuses to do so, your next step is to send another letter with the phrase "Letter Before Action" at the top, telling him that you will begin an action in the small claims court to recover some/all of your deposit. Keep copies of your letters for your own records.