Landlord's Ludicrous Deposit Deductions

krib

Hi,

We have had problems with our landlord recently over notice period where they insisted we had a 6mth break clause when in fact our renewal was 1 month notice. We had won this and moved out!

During the tenancy we had issues with the bathroom leaking water into the kitchen ceiling every time we had a shower. This ocurred soon after we moved into the property. We had informed the LL and they came over to fix it (by re-sealing the bath) but the kitchen ceiling had already become stained by the water which they saw. They had in fact promised to paint it over but they never did!

Last December, a month before moving out, the problem re-ocurred and we informed them by email of the problem. However, they never responded and never came to fix it. As a result, we told them in the email that we would stop taking showers and instead take baths till it is fixed in order not to damage the kitchen ceiling.

However, through no surprise, the landlord has just told me that she will be making deductions from our deposit because we continued to take showers thus causing damage to her ceiling! I feel this is totally unfair and is her way of getting her back on us because we left on our terms rather than hers (i.e. with one month's notice - for which she was extremly angry at agents).

Our deposit is in the TDS scheme and i have notified the agent that we will not accept any deductions if she tries to make any, and that we would want to dispute it.

Do you think she can take our money??? I have all emails i sent her as well as her replies which i could submit to an ICE as proof. I also have emails of other problems i informed her about such as humidity in the walls, which she also never did anything about. I think we stuck by our responsibility to inform our LLs when damage ocurred to the house.

Maybe the agent will have enough sense to advise her against a TDS dispute since they were kept in the loop about this issue.

Many thanks for any advice!

Krib

catewithers

sorry - I don't have any answers but I'm bumping you back to the top of the list to see if anyone else does!

Gorgeous_George

Your LL cannot make deductions for the ceiling if the damage was not caused by your negligence. Sounds like an amateur LL. That said. I'm an amateur LL and woulldn't dream of making such a reduction.

Stick to your guns - you are (subject to non-negligence) in the right - again.



GG

real1314

"the landlord has just told me that she will be making deductions from our deposit because we continued to take showers"

erm, did you continue to take showers or not?

If you didn't (I'm assuming this is the case), then you've notified a problem and have taken steps to avoid worsening the problem. LL has no chance.

If you did use the shower, after saying you wouldn't (assuming this would be beacuse you felt by not acting they were showing that they were not concerned?), then I'd say they had a reasonable chance, however some damage would have already occurred, so only the further damage would be recoverable, which may amount to not much as the initial damage would probably be the main part of it.

all imho.

Rick62

It seems you've done everything you reasonably could, notified her repeatedly, tried to avoid more showers etc. I personally think your case is absolutely right, its her cost.

clutton_2

"""Our deposit is in the TDS scheme"" - i am at a loss to understand what ths means as the Tenancy Deposit Scheme (part of the 2004 Housing Act) does not come into force until April 2007.

Loretta

She does sound like an amateur landlady, don't let this drag on, you need your money back. At the moment she has the upper hand because she has your money and is in no rush to give your money back and can sit it out hoping you will give up.

I would write again, maybe send recorded delivery, listing the facts, I mean a list, times, dates etc send copies of all your emails and letters etc. tell her again that you did not use the shower after you realised what was happening, point out to her that after x number of days, weeks, whatever after you informed her that the shower was causing a flood she still had not repaired the leak. Send copies of everything to the letting agent. Tell her you expect to receive her cheque for the full amount of your deposit, presuming there is nothing else in dispute, or you will take out a summons against her in the County Court AND DO IT. This needs a quick solution.

There has recently been a court case about the difference between maintenance which in your case is, and damage which this isn't and what landlords can deduct from deposits. If you do end up actually taking her to court, and I bet you won't have to, it is very informal and the judge will have heard this situation many times. He will know a greedy landlord or a landlord who really hasn't a clue how to run her business and you will e fine

Georgecarol

clutton wrote:

"""Our deposit is in the TDS scheme"" - i am at a loss to understand what ths means as the Tenancy Deposit Scheme (part of the 2004 Housing Act) does not come into force until April 2007.

From what I understand also, from articles I've read, this does not cover existing tenancies, just new ones as of April. I don't understand that one, if anyone has any info on that???????

krib

Many thanks for all your replies!! Very helpful indeed!

Will post the outcome of it to let you know!

Thanks again!

Krib

prudryden

Georgecarol wrote:

From what I understand also, from articles I've read, this does not cover existing tenancies, just new ones as of April. I don't understand that one, if anyone has any info on that???????

It is not applicable to existing tenancies.

prudryden

Why did the LL think that you had another 6mo break clause if you had already gone past the 6months?