How do I go about paying for damages?

dgtazzman

I would stop communicating with the landlord over the damage and let it go to arbitration with whatever deposit protection scheme your deposit is in. Claim your entire deposit back and let them decide. Replacing a whole worktop over a few scratches just seems daft (it has the word 'work' in it for a reason and laminated tops aren't exactly the best) and the warping isn't your doing.

If your deposit isn't protected, come back on here and seek further advice as then the LL is in trouble.

koolkeith

donfanatico wrote: »

depending on your relationship to the landlord, I would just go to the DPS and claim the full deposit back. It is up to the landlord to PROVE the deductions not for you to DISPROVE .

Its not that great right now lol, I i phone TDS and was told they will can get involved at the end of the Tenancy, I should get legal advice. Thanks for your feedback.

In addition to the issue of whether the damage is down to wear and tear / damage by you or prbalmes due to a leak, the other issue is he length of time you have been there and how long the worktops have been there.

The landlord is not entitled to betterment (new for old replacement) I would expect worktops to have a longer 'lifespan' than things such as carpets or white goods, but they do still last a finite period.

You mentioned that you are still in the flat - do make sure that you take lots of (dated) photos the day you move out, and that you are present for the checkout inspection so can ensure that they accurately record the state. Do you have a dual signed check in inventory, and if so, does in mention the condition of the work surfaces?

Don't sign anything to agree to any deductions at this stage.

You mentioned that you have been advised that the warping is due to water leaks not to washing up - can that person put that opinion in writing, giving details of their qualifications/expertise?

You are definitely not responsible for the full replacement cost of the work top, as it is not new.
If you do make any payments, you have no say over whether they are used to repair / replace the worktops.

It may be worth you looking into whether it is possible to repair the scratches using filler - if so, you can offer to do so before checkout

I have been here about 8 months, by the time I leave it will 24months. I will get him to write his opinion, his qualified construction manager and surveys new builds. Have a inventory, but i was not present at the check in, due to work commitments, it was done by a third party. I have been taking photos etc I'm going to look in to the filler. Thanks for your help.

I would stop communicating with the landlord over the damage and let it go to arbitration with whatever deposit protection scheme your deposit is in. Claim your entire deposit back and let them decide. Replacing a whole worktop over a few scratches just seems daft (it has the word 'work' in it for a reason and laminated tops aren't exactly the best) and the warping isn't your doing.

If your deposit isn't protected, come back on here and seek further advice as then the LL is in trouble.

Yeah it is protected, my old LL didnt protect my deposit, infact I bnever got that back, thats another topic:(. I was thinking the samething (not communicating). When her and her brother was over, they dismissed what i had to say about the warping, then wanted to explain how it happened, to honest I dont know, but it was no way from washing up.
Thank you for feedback you guys have been a big help

benjus

These are quite useful as a guide to what is considered fair and reasonable in terms of deposit deductions: http://www.thedisputeservice.co.uk/case-studies.html

And Kevie192 is right - if any deductions are awarded, there's no obligation for the LL to spend the money on fixing the issues.

koolkeith

Thanks for the feedback and advice it has been really helpful, I appreciate very much.

Update:
My Landlord recently served me a section 21 for early dec, they came with the state agent last weekend to view the property and this weekend they will return to do a viewing. The Landlord still wants me to sort out the worktops only now his pushing for it to be done before my moving outdate, on saturday he wants me to order the replacement worktops and get quotes from plumber(to change the sink), electrician to disconnect the cooker, worktop installer and a tiler to replace the tiles.
I'm not sure what I should do next, I was going to wait until the tenancy ends and let it go to dispute, but its becoming a pain.

Pixie5740

Do nothing. The LL cannot make you get quotes or replace the worktops. Just stop communicating with him and/or his agent. He's already issued you with a Section 21, what else can he legally do to you at this point? Nothing, that's what.

penguine

koolkeith wrote: »

The Landlord still wants me to sort out the worktops only now his pushing for it to be done before my moving outdate, on saturday he wants me to order the replacement worktops and get quotes from plumber(to change the sink), electrician to disconnect the cooker, worktop installer and a tiler to replace the tiles.
I'm not sure what I should do next, I was going to wait until the tenancy ends and let it go to dispute, but its becoming a pain.

You're not obliged to do any of this and your landlord is trying to take advantage of you. You're also not obliged to allow viewings by estate agents or prospective tenants as it's still your property so I would suggest refusing these unless the landlord stops harassing you to replace the worktop.

stator

He/She is trying to take advance of you. Do absolutely nothing. On the day you move out take LOADS of photos, not just of the worktops but of the whole house. If you've got any professional opinions get them put in writing.
Once you've moved out make sure he/she sticks to the timetables required for deposit to be returned, or deductions notified. As soon as possible put in your appeal to the relevant protection scheme with as much evidence as possible.
It sounds like an open and shut case in your favour.

fairy_lights

koolkeith wrote: »

My Landlord recently served me a section 21 for early dec, they came with the state agent last weekend to view the property and this weekend they will return to do a viewing. The Landlord still wants me to sort out the worktops only now his pushing for it to be done before my moving outdate, on saturday he wants me to order the replacement worktops and get quotes from plumber(to change the sink), electrician to disconnect the cooker, worktop installer and a tiler to replace the tiles.

Why does he want you to replace the tiles, disconnect the cooker, and change the sink?
At worst you're responsible for a few scratches on the worktop but now it sounds like he wants you to replace the entire kitchen for him! You don't have to do any of the things he is asking, even if you accept responsibility for the worktop it's not your job to arrange workmen etc.
You don't have to allow viewings either if you don't want to.

Atomix

http://www.repairproducts.co.uk/page8.htm

scroll down to 'laminate kit' £12.50 -

colourfill is another good product, make sure you get the seperate hardener included (mix together for invisible repair)....

These are industry standard stuff - when we had our last kitchen fitted, we had a gloss black top which almost highlighted even minor scratches - especially when the lights were on, the fitters gave us colourfill and hardener, easy diy repair - its a shame you didnt ask on here before notifying the LL - he would have been none-the-wiser...

****other similar products are available****

koolkeith

Atomix wrote: »

scroll down to 'laminate kit' £12.50 -

colourfill is another good product, make sure you get the seperate hardener included (mix together for invisible repair)....

These are industry standard stuff - when we had our last kitchen fitted, we had a gloss black top which almost highlighted even minor scratches - especially when the lights were on, the fitters gave us colourfill and hardener, easy diy repair - its a shame you didnt ask on here before notifying the LL - he would have been none-the-wiser...

****other similar products are available****

Thanks, my landlord was doing a flat inspection and noticed it, I didnt even notice it before. The worktop
is black with a sprinkle effect, would these products work? On the website i can only see wood finishes