Deposit advice

wilf3uk

Hi all. Looking for a bit of advice re. the return of my deposit on a rented property.

We moved in 2 1/2 years ago and have always reported problems when they arose.

Firstly, when we moved in, there was a chip in the bathroom sink.
Around 5 months ago that chip developed into a crack. We let him know and his response was 'thanks for letting me know'.

Needless to say, that crack soon developed into a broken sink and it had to be replaced at the landlords expense.

The day before we left the property, the landlord left an answerphone message to say that he was going to charge us £130 for the repair of the sink(the full cost that he was charged). Am I right in thinking that that is not allowed? If he had given me the option, I could have got the sink replaced for £30 as I work in the HVAC industry and can get parts/fittings for very cheap. Labour on the fitting would have been free.
I als thought that plumbing fixtures etc were the landlords responsibility?


He is also wanting us to pay for a new bed as the one in the property when we moved in now has a broken frame. We told him that it was broke and his response was once again 'thanks for letting me know'.

Am I liable for the broken frame? As a 19 1/2 stone man(im v v tall, not chubby ) I would say that a cheap metal bed frame breaking after its first few uses is pretty reasonable wear and tear.

As I get the feeling he is trying to get as much cash as possible off me, should I just offer to replace the frame(with the cheapest one i can find((theirs was very cheap in the 1st place)) )?
_________________

Finally, the Estate Agents we rented the property through turned out to be a bogus one and our deposit went awol, along with any chance of contacting them.
We took out legal advice 2 years ago and they stated that the landlord was now responsible for paying the deposit back to us when we leave the premises. We informed him of this and he was happy to do so. Should he have then put our deposit into a Tenancy deposit scheme? He hasn't done so.....

Also, we never completed an inventory when we moved into the property. It wasn't required by our 'bogus' Estate Agents.

Does my landlord have a leg to stand on re. the sink/bed?

I don't want to rip him off, but also dont want him doing the same.

BitterAndTwisted

No, if there was no signed inventory the landlord will not have proof that any damage claimed for was caused during your tenancy. Did you report these defects to your landlord in writing at the time? WRITE back to the landlord giving them say 14 days to return your deposit in full or you'll start a claim in court.

I would not offer the landlord anything for the replacement of the handbasin as that damage was caused before your tenancy started. Ditto the bed unless you think making a contribution is fair.

jjlandlord

wilf3uk wrote: »

Am I liable for the broken frame? As a 19 1/2 stone man(im v v tall, not chubby ) I would say that a cheap metal bed frame breaking after its first few uses is pretty reasonable wear and tear.

If you broke it, then you are liable. You would not have to pay for the full cost of a new bed frame, just for the residual value of the frame (i.e. value when new - wear and tear) when it was broken.

On the other hand, the sink issue does not seem of you own doing, so you would have no liability there.

wilf3uk

Thanks for the replies. I'll dispute the sink and will try for a nominal fee of £50 for replacement of the bed frame.

Is there a time frame for the return of a deposit? In the past I have received them after 14 days, but I get the feeling that they will try and push this further than that as they have already sought 'legal advice'

wilf3uk

Does anyone have any opinions on the deposit not being held with a deposit scheme? The initial deposit has gone into the back pockets of the Estate Agents and cannot be recovered.

The LL is responsible for the deposit according to the legal advice I sought after finding the Estate Agents had been a bogus one. Should the LL have then put the £630 he was responsible for into a deposit scheme?

jjlandlord

wilf3uk wrote: »

Should the LL have then put the £630 he was responsible for into a deposit scheme?

Yes he should have.

I'd send a letter to the landlord stating that the sink was not broken by you and is not your liability, that you offer a reasonable £x for the bed frame and that the remaining of the deposit should be paid to you within 7 days or you will start legal proceedings.

wilf3uk

Thanks again for the advice. Much appreciated.

wilf3uk

Just spoken to the LL, they are claiming that the sink was fine when we moved in and are disputing that we ever told them that it was chipped!! Would the fact that there was never an inventory done hinder our claim for this money back?

Also, they have confirmed that they never put our money in a deposit scheme, but when I mentioned that they could be fined 3x the deposit amount she went on the defensive and told me that she wan't aware the the estate agents went out of business and that it was their responsibility to do so.

All in all they were very arsey on the phone. Should I now just halt all communication apart from the suggested letter above and then leave it to the courts?

jjlandlord

wilf3uk wrote: »

Just spoken to the LL, they are claiming that the sink was fine when we moved in and are disputing that we ever told them that it was chipped!!

Did you tell them orally or in writing? Did they reply orally or in writing?

wilf3uk wrote: »

Would the fact that there was never an inventory done hinder our claim for this money back?

No it's good for you: It is for the landlord to prove the damage by proving the condition of the property at the beginning of the tenancy.
So without an inventory, the landlord will have problems proving anything, won't he?

wilf3uk wrote: »

All in all they were very arsey on the phone. Should I now just halt all communication apart from the suggested letter above and then leave it to the courts?

I'd say yes. Keep things in writing and as suggested, there is no point arguing endlessly over the phone.

BitterAndTwisted

The lack of inventory is to your benefit as the landlord has no evidence that any damage was caused during your tenancy. Go ahead and write your letter. Enter into no further discussion with them other than in writing.

wilf3uk

Thanks again. We told them about the bed by text, stating that it could be repaired. Obviously after using it more the bed has become totally ruined and totally unusable without being propped up from below. It actually fell through when I was sleeping, was a strange feeling waking up in the morning to a sunken bed.

The sink issue was there when we entered the property, but they were told that the chip had begun to spread into a crack by text. This was a good few months before it eventually broke beyond repair.

Thanks once again. Letter will be sent tomorrow. You've been a great help.