Can the landlord do this??

Pink_butterfly_3

Hi, i hope someone can help.

We recently moved from rented accommodation as we have bought our first house.

About a year ago, our washing machine leaked and we had to replace the kitchen floor, which we did and the landlord saw it and said he had no problems with the replacement.

Two weeks ago w had the final inspection of the property for which my husband, the landlord and the MD of the letting agent was present. It was agreed that three things needed doing before they would be satisfied, which my husband promptly did. He then handed the keys back and we were told we would get our deposit back in about a week.

We then got a letter on Friday saying that after further consideration, the landlord had decided that he didn't actually like the floor we had put down and we now had to replace it.

Can they do this? Surely they can't demand we replace a kitchen floor AFTER the final inspection and after everything has been ok'd by landlord and letting agent. Nothing was mentioned about replacing the floor at the inspection and if the landlord didn't like it, then why didn't he say so a year ago when we first put the floor down.

We've just had a baby and obviously just moved house so its an expense which we really can't deal with right now. They haven't returned the deposit yet so they are obviously going to hold it hostgage until we give in to their demands.

Thanks in advance xxxxxx

RHemmings

Pink_butterfly wrote:

Hi, i hope someone can help.

We recently moved from rented accommodation as we have bought our first house.

About a year ago, our washing machine leaked and we had to replace the kitchen floor, which we did and the landlord saw it and said he had no problems with the replacement.

Was it due to your negligence that the washing machine leaked? Or was it a fault of a washing machine provided by the landlord.

Two weeks ago w had the final inspection of the property for which my husband, the landlord and the MD of the letting agent was present. It was agreed that three things needed doing before they would be satisfied, which my husband promptly did. He then handed the keys back and we were told we would get our deposit back in about a week.

We then got a letter on Friday saying that after further consideration, the landlord had decided that he didn't actually like the floor we had put down and we now had to replace it.

Can they do this? Surely they can't demand we replace a kitchen floor AFTER the final inspection and after everything has been ok'd by landlord and letting agent. Nothing was mentioned about replacing the floor at the inspection and if the landlord didn't like it, then why didn't he say so a year ago when we first put the floor down.

We've just had a baby and obviously just moved house so its an expense which we really can't deal with right now. They haven't returned the deposit yet so they are obviously going to hold it hostgage until we give in to their demands.

Thanks in advance xxxxxx

I am not a lawyer, and I think you need proper legal advice. I cannot provide proper legal or financial advice. But I think that you need to speak to someone who knows the law. I have read that repairs made to make good damage should be reasonable, and that a landlord couldn't insist that reasonable repairs should be redone or changed at your cost just because he doesn't like the result. In your case it seems that the landlord had already given implicit approval of the new floor as he didn't make any objection at the time or afterwards. Hence I would think that it would be worthwhile obtaining legal advice as to whether the landlord can charge you for a new floor.

If the landlord holds onto your deposit or part of it, the small claims court may be your only avenue to recover it.

Mrs_pbradley936

I think the landlord lucky you replaced it at all. If what you have put down is serviceable and suitable for a kitchen tell him so. Also point out that he did not raise any objection at the inspection and that you expect a full refund of your deposit.

MortgageMamma

I think your landlord is out of order and you need to take a trip to citizens advice for further guidance.

Xbigman

Did you get it in writing that they were satisfied when handing the keys back? If not you are in for a struggle. Legally you are in the right but they have your money and the onus is on you. If they will not agree to refund your money then you need to see a solicitor. Start with the local CAB one as its free.
If you still have a copy of the lease look up exactly what you were responsible for and who was insuring what. IE you had contents insurance and landlord had buildings insurance. Do you still have receipts for the flooring you installed? That could help. Was the final inspection arranged by letter, if so did you keep it? The more you can prove the better.
Regards



X

clutton_2

there is another thread on here at present 16 pages long exactly about his very matter - started by Eager Learner

TJ27

I agree with others that the CAB would be a useful port of call. Some councils have a "Housing Help Centre" or something similarly named. They should also be able to help.

I think a scheme whereby deposits are held by a third party will be law before too long. In disputed cases an independant body decides who gets the deposit when the tenancy comes to an end.

It's fairly big money we're talking about too. We deal with several landlords who have hundreds of houses. At any one time they might have, say, 200 times 500 quid in deposits in their bank. The interest on 100 grand is fairly significant. It's also been known for agents to just dissappear with loads of deposits.

The scheme can't come quickly enough really.

black-saturn

Yet another way in which a landlord is going to try and get out of giving a deposit back. I'm afraid if he has hold of your money there isn't a lot you can do except take him to court. Before you replaced the floor you should have got him to put it in writing that it was OK for you to do so and another one to say he was happy with the replacement. You couldn't help the washing machine leaking. I'm afraid the landlord should know that washing machines go wrong every now and again. You dealt with the problem as well as you could.

If he does replace the floor tell him that you want to see copies of the receipts as proof that the work has been carried out as said so that he doesn't just say he's going to do it and keep the money.

clutton_2

the Tenancy Deposit scheme has been put back yet again to April - no one apparently wants to run it.

Pink_butterfly_3

Thanks very much for your advise. I'll call the CAB when they open today at 1pm.

We've lived in rented accommodat5ion for some years now with various agencies and we just seem to see the same pattern each time. It sucks that tenants seem to have no rights whatsoever. Just because they've got your money. your expected to give in to all of their demands.