Was my land-lord fufilling their obligation?

Ramagamma

I was renting a flat up until 1st December this year. The letting agents are saying they will be taking money of my deposit to finance cleaning of the flat. The flat was left in an acceptable but not pristine condition, comparable to when I moved in.

Now in the flat my water heater above the sink packed in around July and also a large piece of concrete slab fell onto my back-garden from the stairs leading to the flat above mine around the same time. I was advised by police on the night this happened not to go out my backdoor. In falling off it also snapped my washing line clean off. The massively shattered slab is still in the back garden even though I moved out 22 days ago.

The water heater was mentioned at a flat inspection a fortnight or so later as was the broken slab. My agency didn't get back in touch with me about the heater, nor did they offer a discount on my rent. I've heard of agencies having to knock 25% off rent due to a damaged bathroom being innaccessible. Do I have a case in this sitution or do I just need to take the hit from my deposit and learn never to rent again?

19lottie82

If the flat was pristine when you moved in, but only "acceptable" when you left, then yes, the leting agents are perfectly within their rights to make a deposit deduction for cleaning.

BUT what does this have to do with your other issue?

Did you have an inaccessable bathroom? Not being able to use your bathroom is hardly the same thing?

Are the agents trying to make further deductions, apart from the cleaning?

Never rent again? Unless you have the funds to buy, I don't really see you have an option?

tbs624

I note your current location is Scotland - was this rental property there too? If, yes unfortunately no tenancy deposit scheme is yet in place so if you need to dispute deductions and get nowhere with the LA/LL then you'll need to head to the Sheriff Court.

Was there an inventory completed at the start of the tenancy? Signed by both parties? LL can't expect you to leave the property in a better condition than it was when you were given the keys.

If you were hoping to get a late "compo"payment from the LL for lack of hot water provision & other repairs issues to offset any potential deductions that isn't how it works.

Have you received *written* confirmation of these proposed deductions? Note that if you are going to dispute them the LA/LL should be returning the undisputed balance of your deposit forthwith.

Ramagamma

I think you my have glossed over my post or perhaps I was not clear with my words.

The flat was not pristine but could be described as acceptable when I moved into it. The netting on the front living room window was starting to develop black mould as was the shower-curtain for example but there was nothing glaringly wrong.

I don't have an inaccessable bathroom. A friend of mine who owned a property up north did. When it suffered water damage and the bathroom became unusable his tenants got a 25% reduction in rent.

My problem was with an inaccessable back-garden and a broken water heater, both of which were mentioned at a flat inspection and both of which I recieved no feedback on.

Lastly I'll never rent again because when I moved out, I moved out to buy my own house.

tbs624

19lottie82 wrote: »

If the flat was pristine when you moved in, but only "acceptable" when you left, then yes, the leting agents are perfectly within their rights to make a deposit deduction for cleaning.

I read the OP's comment as meaning that she had left the property in a state comparable to how it was at the start of the tenancy - ie, that the LL had *not* offered it up in a pristine condtion. I may be wrong.....

Edit- cross posted with OP's response above

BitterAndTwisted

It doesn't really matter what your opinion of the state of the property was at the end of the tenancy compared to as it was at the start: what is important is the presence of an accurate dual-signed inventory or any other documentary evidence that the agent or landlord may have. Forget about water-heaters and slabs, concentrate on the inventory or kiss by-bye to your money

19lottie82

Ah right…… sorry OP.

Well I’m no expert but IMO, you have very little chance of back dated compo from the LL.

Do you have check in / out photos that prove the condition of the flat when you moved in / out? If so show these to the LL and argue your case

As already discussed, there is no deposit protection scheme in Scotland, so if you wish to fight this I think you would need to go to the small claims court. It’s up to you if you think this is worth pursuing, but if you don’t have any evidence in the form of check in / out photos, I wouldn’t bother.

tbs624

Ramagamma wrote: »

I think you my have glossed over my post or perhaps I was not clear with my words.

The flat was not pristine but could be described as acceptable when I moved into it. The netting on the front living room window was starting to develop black mould as was the shower-curtain for example but there was nothing glaringly wrong.

So, *was* there a jointly signed inventory?

Ramagamma wrote: »

My problem was with an inaccessable back-garden and a broken water heater, both of which were mentioned at a flat inspection and both of which I recieved no feedback on.

For how long was this the situation? Did you follow it up in writing during your tenancy?

If your reasoning is "I let him off sorting the repairs out with the associated involved and now I expect the LL to let me off the costs of cleaning to the same standard as evident at the start of the tenancy" ( backed up by that inventory) then as I say this is not how it works. The two matters are separate.

clutton_2

what financial loss have you suffered... if the answer is 0 then what the heck would you be claiming compo for exactly ?

BitterAndTwisted

Well, if water damage causing a bathroom to become unusable is worth a 25% reduction in rent I reckon a non-functioning water-heater and the danger of falling slabs in the garden should have been worth negotiating for something DURING THE TENANCY. Not now. Was the ewtter-heater the only form of hot-water in this property?

G_M

The slab and the water heater are red herrings. Should have dealt with these matters at the time. Forget them.

Condition of property is .... however it was described in the check-in inventory. Not what YOU think. Nor what the landlord thinks. It has to be proved. So - inventory, or receipts from cleaning company at the time, or invoice for new carpets etc all prove whether it was 'pristine' or not.

Then evidence of condition at the end is compared. If similar, deposit returned. If worse, deductions made with explanation of the amount deducted.

And if there's a dispute in Scotland, Sheriff's Court.