Landlord using secured deposit for damages and withholding rent owed to us

wolbro

I will try and keep this as succinct as possible ...

We have recently moved out of our rental property - the official checkout was on 24/9/14. We had paid our rent in advance via direct debit to the landlord up until 13/10/14 (in line with our original payment commencement).

The landlord came to see us the week before we were moving and said that he would refund us the difference of the rent pro-rata - we hadn't asked for this and were happy to pay up until the 13th even though our new property was ready on the 24th of the previous month as it gave us the chance to move gradually. He basically wanted us out ASAP so he could get it re-decorated and new tenants in.

After checking out on 24th we have received a long list of charges for various issues that we think are unfair as they constitute wear & tear over 3 years. Regardless we have agreed and had the charges deducted from the secured deposit.

The landlord is now refusing to refund the overpaid rent because of the issues of damage and repair in the property - he refuses to accept that this is what the secured deposit is for and has covered as we have agreed to that deduction from our deposit. He is essentially charges us twice - for example, our secured deposit paid for professional cleaning of the oven (fair enough), after cleaning the landlord decides a new oven is needed (we don't agree but nevertheless say that an extra £100 can be taken out of the deposit to go towards a new oven) - he is now saying the rent won't be paid back because he is left with costs such as getting a new oven?!!!!

Essentially, we have paid up until the middle of this month during which time the landlord has been getting it ready for new tenants so has minimised the time he has without a rental return.

Do we have a case and if so where do we go from here.

Thanks in advance (sorry that was't succinct!)

Pixie5740

I wouldn't have agreed to the deductions in the first place but I guess what's done is done. Did you agree to these deductions in writing or verbally? Was your deposit protected?

Even if you'd broken the oven the LL wouldn't be entitled to get you to pay for a brand new oven as that would be classified as betterment. In other words the oven wasn't brand new at the end of the tenancy, he's had at least 3 years usage out of it, so would only get a part of the cost of a new oven.

How did the LL tell you he was going to refund some of your rent? Was that a verbal offer or did he put that in writing?

HappyMJ

I would have disputed the charges. Did the oven work on departure? I would never pay £100 towards a replacement especially if it still worked. It doesn't need to look new it just needs to be relatively clean and work....i.e turn on and heat up and in any case if the element broke that would be the landlords responsibility to fix and not yours it would only require replacement due to your negligence whilst using it incorrectly.

You don't have a case against the unpaid rent (his word against yours) but you do against the deposit being used to improve the property.

ali_hire

Presumably your deposit is registered with an appropriate scheme and the landlord issued the correct paperwork as and when he had to. If not, he's in trouble.

I'd write to the landlord outlining your disappointment and that your are now disputing ALL deductions from the deposit due to him reneging on his verbal agreement to refund you rent.

Do you know if he has moved any new tenants in (before the 13th)? He can't accept two rents for the same period.

wolbro

Thanks for above replies.

The deposit is through a secured deposit scheme with paperwork - the added complication here is that that part is dealt with via the letting agent but the letting agents were not used as a management company over the course of our tenancy, the landlord was responsible directly.

We had a professional snagger/check-out agent who compiled the list of charges in the first instance - although the landlord is very pally with the letting agent and has added extra charges on that the letting agent has then relayed to us.

I know that there are no tenants there at present so there is not the issue of getting rent from two parties.

It was a verbal agreement in the presence of the letting agent re. the back pay of rent pro rata - in fact after the initial bill was emailed to us we spoke to the landlord and said that we will rectify issues over the next couple of weeks rather than pay the charges and he could keep hold of the rent. He said it was up to us but in the end we decided against it as both being self-employed we would have lost more in loss of earnings than it would have been worth.

We put up with a lot including sewerage backing up through the bath and bathroom sink and toilet on five occasions, a freezer that would switch off and ruin all the food, and 7 months of underpinning the property due to subsidence. All the time we were more than reasonable and in the end scared to ask the landlord for improvements (he kicked up a fuss about paying for a new toilet system despite the drain specialists saying that this would stop the problem) - with a young baby we were worried that if we asked for improvements than we would have the rent put up etc.

Pixie5740

Has the deposit been released from the deposit scheme is the LA yet? If not I'd log in and start a dispute.

stator

Start a dispute, it's your only hope.

wolbro

Update - the landlord has now agreed to pay us pro-rata the backdated rent.

The letting agent was less than helpful and said it's not their problem but when my partner was on the phone to the landlord the letting agent phoned the landlord and suddenly when the landlord phoned us back he had changed his mind. I imagine the letting agent has told him that the secured deposit has already paid (over and above) any damages.

Some landlords just don't seem to understand that they have to periodically invest in their property through their own funds. That's part and parcel of being a landlord.