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Landlord refusing repairs, using last months rent to get back deposit?

KLICK365
Posts: 8 Forumite
Hi there. I'm currently renting a flat with my girlfriend in Scotland and we have lived here since 1st October 2009. The original contract was 6 months and it has then been a 2 month rolling contract since then. The flat is pretty new build, about 10 years old, and everything in it seems to be built so badly! When we first moved in, the flat was dirty beyond belief and we were lucky to even be able to see out of the windows as they were so dirty. My girlifriend being the clean freak she is scrubbed every bit of the flat. It became clear to us pretty early into our lease that the downstairs neighbour is truly a neighbour from hell with screaming, shouting, banging and very very loud music at all hours of the day and night. Several things have either broken or just needed replaced or fixed and at first the letting agent sent a "handy man" very quickly to fix everything which he did so badly!! For four months now, we've had to put up with the curtain pole in the livingroom falling down (imo because the curtains are way too heavy and the downstairs neighbour shuts her windows at least 10 times a night causing the whole flat to shake!), the blinds in the bedroom falling off (they are now held on with sellotape), 2 light switches not working at all (the handy man said he'd fix them but never came back to do it) and a shower screen (newly/badly fitted when we moved in) falling off 3 times, once landing on and bruising and cutting my foot.
All of these problems have been reported to the letting agent and they have now told us that the landlord is refusing to pay for the repairs as "none of these things broke while she was here so why are they breaking now".
We eventually got so sick of this and are now in the process of buying a property meanign we will be moving out at the end of January. I've now written our 2 month notice to quit starting on the 1st Dec stating the reasons for leaving as the repairs not getting done and the bad neighbour.
As the Landlord is being so awkward just now I have a bad feeling that she will try to keep our deposit, even though she has broken the terms of our contract which states that she (or the letting agency) must repair any fixtures that break within a reasonable time.
I think this is unfair and so they only way I can see us quickly and easily getting our deposit (£450) back is to cancel the direct debit and withold the last months rent.
The flat will be left in an immaculate condition with no damage other than the damage they know about and are liable to fix themselves, so we will not be conning them out of money as they will still have our deposit to cover our last months rent.
Has anyone ever tried this before or does anyone have any advice at all?
Thanks for taking the time to read this as I know it's long.
All of these problems have been reported to the letting agent and they have now told us that the landlord is refusing to pay for the repairs as "none of these things broke while she was here so why are they breaking now".
We eventually got so sick of this and are now in the process of buying a property meanign we will be moving out at the end of January. I've now written our 2 month notice to quit starting on the 1st Dec stating the reasons for leaving as the repairs not getting done and the bad neighbour.
As the Landlord is being so awkward just now I have a bad feeling that she will try to keep our deposit, even though she has broken the terms of our contract which states that she (or the letting agency) must repair any fixtures that break within a reasonable time.
I think this is unfair and so they only way I can see us quickly and easily getting our deposit (£450) back is to cancel the direct debit and withold the last months rent.
The flat will be left in an immaculate condition with no damage other than the damage they know about and are liable to fix themselves, so we will not be conning them out of money as they will still have our deposit to cover our last months rent.
Has anyone ever tried this before or does anyone have any advice at all?
Thanks for taking the time to read this as I know it's long.
0
Comments
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I am no expert but from what I have read, only a couple of things spring to mind.
is your deposit in a protection scheme? (not sure if it applies in scotland however..)
was there an inventory completed when you moved in detailing the condition of the property?
Keep any documentation or records of requests for repair and what was and was not done by the "handyman".
Tempting as though it may be to withhold the last month of the rent, I don't think you can actually do so. You would need to follow a dispute process once you have vacated the property if your deposit is withheld as far as i know.
sorry am not expert at all in this but bumping this up as someone else may be able to give better advice. But i have been victim of landlords like this who refuse to repair things and then deduct it all from the deposit without just cause.BSC #215/No.1 Jan 09 Club0 -
Hi! Thanks for your reply DON79.
I haven't heard of a deposit protection scheme so not sure if it does apply in Scotland or if we've just missed it.
We never signed or saw any inventory at all when we moved in so I think this is in our favour as they have no proof that anything was even in the property when we moved in.
We really need the £450 when we move out to help buy stuff for our new house as the deposit for the mortgage used up all the money we had, so haven't really got the time to wait and go through the process of courts to get this back. Just have a bad feeling that both the Landlord and letting agent will continue to be awkward as they have been and will do all they can to keep it.0 -
I don't believe there is a requirement for the deposit to be lodged for tenancies in Scottishland. HOWEVER there is a requirement for all landlords to be registered. Is your LL registered?
That there was no inventory signed by you at the start of your tenancy is a HUGE advantage for you as neither the LL nor the agent will be able to prove that any damage was caused during your tenancy, even if said damage was your responsibility, and from the sounds of it that's arguable anyway. Unless they have photographs that you're not aware of. In view of this, I'd be tempted to withhold the last month's rent and cross my fingers.0 -
OP - as B&T has said, there is currently no tenancy deposit scheme in Scotland. Any T who needs to do battle over their tenancy deposit will need to do so via the Sheriff Court.
However, just as a LL cannot unilaterally decide to hang on to a tenant's deposit, you as the T cannot unilaterally decide that there should be no deductions. It's a case of mutual agreement or a court decision.
You can of course do as you have suggested, and withhold your last month's rent:however, you do need to be aware that your LL is at liberty to pursue you to the Sherriff Court for failing to meet your contractual obligation to pay the rent in full so that the deposit remains in place for any potential dilapidations claim.
The lack of a jointly signed inventory would go against your LL in the event of a dilapidations claim but there may be other evidence of condition.
Do check that the LA/LL is registered as required by law in Scotland: you can do this via your local Council.0 -
Thanks very much for your help.
Can anyone tell me, if we are to keep the last months rent and they then keep our deposit, but they decide to take the matter to court, could it affect my credit rating at all?0 -
Thanks very much for your help.
Can anyone tell me, if we are to keep the last months rent and they then keep our deposit, but they decide to take the matter to court, could it affect my credit rating at all?0 -
Good advice here
http://scotland.shelter.org.uk/getadvice/advice_topics/paying_for_a_home/deposits/problems_getting_your_deposit_back
Your landlord sounds like he's a disgrace to Scotland!
Hope it works out
Artful (Scottish LL since 2000)0 -
Also see...
http://www.prhpscotland.gov.uk/prhp/1.html
but you'd know about that already as your LL had to write and tell you about it, aye....
Cheers!
Artful0 -
Thanks very much Artful! Those links are really helpful
Cheers x0 -
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