How much bond can an Ex-Landlord keep?

BenMolloy

Hi all,

I am posting on behalf of a friend.

She has just left a property and the landlord is now trying to charge them £1500 for a one square inch stain on a limestone fireplace. She still has the bond of £800.

The tenancy agreement says that there shall be no charge for general wear and tear, but this probably falls outside it I think as it was from a candle oil that seeped into the shelf part above the fireplace. I don't know, will that fall under wear and tear? Probably not I think.

I can understand that there maybe potentially something due back to the evil little woman but somehow I can't imagine it being £1500.

Does anybody have any advice?

Thanking you all

Ben

quidsy

tell the landlord that you will be getting your won quote for cost of repairs & would like to see her quote for comparison.

BitterAndTwisted

No. it's not wear and tear, it's damage.

Your friend is perfectly entitled to get their own quotes but the landlord is under absolutely no obligation to use a contractor your friend has found. All that quote will do is establish whether the landlord is capitalising on your friend's misfortune. However, there is only one person who is in a position to know precisely what this material is that has been damaged.

dotdash79

First of all is there a check in report? with photos agreed and signed by both parties?

Werdnal

Is deposit protected in a scheme and did tenant receive the full information package from that scheme?

tim123456789

Werdnal wrote: »

Is deposit protected in a scheme and did tenant receive the full information package from that scheme?

why should that matter?

None of this removes the liability for T to compensate LL for this damage.

(Though I accept it makes it harder for LL to recover the money for the bond)

pmlindyloo

tim123456789 wrote: »

why should that matter?

None of this removes the liability for T to compensate LL for this damage.

(Though I accept it makes it harder for LL to recover the money for the bond)

It matters because if the L has not fulfilled his/her legal obligations then the tenant can sue for 3 times the bond.

If the deposit is registered in a Deposit Protection Scheme then the tenant can use their dispute service to come to an agreement for the cost involved.

Whilst I agree that the tenant is admitting to the stain it could be that the LL is going to charge her the cost of replacing the entire fireplace which could be classed as betterment. Indeed the LL may charge her but is then under no obligation to repair the damage.

I do not condone 'getting away' with the cost for the damage but the LL and the tenant both have responsibilities.

arcon5

It matters because if the L has not fulfilled his/her legal obligations then the tenant can sue for 3 times the bond.

It isn't as simple as that. Some landmark cases concluded this can only be awarded whilst a tenancy agreement is still in place and if at any point the LL protects it before proceedings the case becomes pointless.

This is why you never see no win no fee legal bods for tenants anymore

pmlindyloo

arcon5 wrote: »

It isn't as simple as that. Some landmark cases concluded this can only be awarded whilst a tenancy agreement is still in place and if at any point the LL protects it before proceedings the case becomes pointless.

This is why you never see no win no fee legal bods for tenants anymore

I would be interested in your links for such cases.


According to Shelter the compensation can be awarded after the tenancy has ended.

Mr_Pitiful

arcon5 wrote: »

It isn't as simple as that. Some landmark cases concluded this can only be awarded whilst a tenancy agreement is still in place and if at any point the LL protects it before proceedings the case becomes pointless.

This is why you never see no win no fee legal bods for tenants anymore

That used to be the case before April last year. No easy get-out now so action can be taken after the tenancy ends and if the landlord protects before court.

G_M

arcon5 wrote: »

It isn't as simple as that. Some landmark cases concluded this can only be awarded whilst a tenancy agreement is still in place and if at any point the LL protects it before proceedings the case becomes pointless.

This is why you never see no win no fee legal bods for tenants anymore

Correct.

Until April 2012 when the law changed.

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation