Rented property dead trees blown over who is responsible?

kazzyb123

Hi,

We are about to leave a rented property. At the beginning of May when the weather was very windy two dead conifer trees fell over in the garden. I told the landlord at the time, reported it to the letting agency and spent months chasing it up but the landlord never came round to take them away.

We had other issues which were all logged with the agency such as a broken pull chord on the bathroom light, the shower head in the ensuite bathroom flew off the first time we tried to use it, the washing machine was fitted and the door and plinth were never replaced. The toilet seat has also broken because it is so old.

I’m concerned that the landlord will try to say these are all our fault and try to keep the deposit. Does anyone know where we stand with each issue please? I don’t think we are at liable for any of it but have never been in this position before,

Any ideas please?

Thanks.

Comms69

Hard to say.


I assume your deposit was protected? When you reported these things you did so in writing? At the address where notice should be served?

G_M

kazzyb123 wrote: »

....... such as a broken pull chord on the bathroom light, the shower head in the ensuite bathroom flew off the first time we tried to use it, the washing machine was fitted and the door and plinth were never replaced. The toilet seat has also broken because it is so old.

Indeed hard to say but

* did you kill the trees? If yes I'd d say you were liable. If not I'd say it's 'wear and tear'!

* how did the pull cord break? They are generally pretty reliable unless you yank them too hard in which case - your liability

* if it 'flew off' the 1st time that suggests a fault. LL's liability. But surely you've not left it all this time? They cost peanuts to replace...... Spend £5 and there will be no argument

* do you mean that during your tenancy a new w/machine was installed? But the LL/installers did not replace the door/plynth? LL's liability but I trust you have a written record of your complaint at the time so that you can prove you did not break/remove them yourself later?

* Not sure how a toilet seat can break? The actual circular seat or the fittings? Depending what broke and how, could be LL or T liability

Remember with all these, the LL cannot claim 'betterment' (see link below)


* Deposits: payment, protection and return

kazzyb123

Thanks, the faults were reported to the landlord via text message and to the letting agent by phone and then logged on their online system.

The trees were dead when we arrived, this is shown on the inventory photos when we moved in.
The pull chord wasn’t broken by me so I’m not sure if it was pulled too hard but I have no idea how to fix it!!
Yes, new washer fitted by landlord himself just after we moved in and he said he would send a contractor to refit the door and plinth but he never did (he said the same about the shower)
I’ll take a look at the loo seat, again not broken by me so not sure.

Is it the deposit holder scheme people who decide liability??

Thanks everyone

G_M

kazzyb123 wrote: »

Is it the deposit holder scheme people who decide liability??

Only if you and the landlord are unable to agree and one of you refers it to them as a dispute.


For future reference, by law the landlord must provide a tenant with a (postal) address "for serving notices". This is usually in the tenancy agreement.


That is where/how all official correspondence on which you might later need to rely should go.


Not text, or phone, or email, or carrier pigeon (unless the tenancy agreement specifically says this is acceptable).