Is mould on bath sealant wear and tear?

akira181

So I just called all 3 schemes and none of them have a record for a registered deposit under that address, our names, or the landlords name. I believe she was a private landlord when I first got the flat but the flat is registered with a letting agent now, so I'm not 100% certain anymore. She came round to the flat every year to renew the lease and we contacted her directly for repairs and rent payments, so I assume she was private at the time.

I've asked for an itemised list of all the stuff she believes to be missing but hasn't provided it yet. Also, I saw the flat listed on a letting agent site and it says "fully refurbished with new kitchen and bathroom, available mid December". So it's a cheek they're claiming for minimum 6 year old sealant when it's getting ripped out anyhow (closer to 10 years since they haven't done any refurbishment work since their son moved in prior to us).

She's still making a big deal out of the breach of tenancy agreement from my girlfriends brother moving in, using it as a correspondence address for his business and are holding the deposit until proof can be provided that there is no debt to the company. The company stopped trading in June of 2017 and was struck off on 20 November 2018 but she's yet to accept that as sufficient proof.

Should I just straight up say I want the full deposit returned or we will seek legal action for failure to register the deposit or be more subtle and ask for arbitration from the scheme she "used" so she realises her mistake on her own?

tom9980

Dear ex Landlord

I have checked the government deposit schemes for details and it seems you have failed to register the deposit at all. This is a serious breach and prevents us from using the arbitration service the deposit schemes use so we can address our dispute. I am therefore entitled to take you to court and sue you for the return of the deposit and up to 3x the deposit amount in compensation for your failure to protect my deposit.

I expect the full return of my deposit by XX of December 2018 (suggest 7 days at minimum) otherwise i will have no alternative but to take you to court. Any attempt to deduct anything from my deposit will result in court action.

My address and/or bank details are

XXX
XXX
XXX

Kind Regards

Ex Tenant

---

Your Landlord is taking the P dont let them. Tom a Landlord.

Pixie5740

akira181 wrote: »

So I just called all 3 schemes and none of them have a record for a registered deposit under that address, our names, or the landlords name. I believe she was a private landlord when I first got the flat but the flat is registered with a letting agent now, so I'm not 100% certain anymore. She came round to the flat every year to renew the lease and we contacted her directly for repairs and rent payments, so I assume she was private at the time.

I've asked for an itemised list of all the stuff she believes to be missing but hasn't provided it yet. Also, I saw the flat listed on a letting agent site and it says "fully refurbished with new kitchen and bathroom, available mid December". So it's a cheek they're claiming for minimum 6 year old sealant when it's getting ripped out anyhow (closer to 10 years since they haven't done any refurbishment work since their son moved in prior to us).

She's still making a big deal out of the breach of tenancy agreement from my girlfriends brother moving in, using it as a correspondence address for his business and are holding the deposit until proof can be provided that there is no debt to the company. The company stopped trading in June of 2017 and was struck off on 20 November 2018 but she's yet to accept that as sufficient proof.

Should I just straight up say I want the full deposit returned or we will seek legal action for failure to register the deposit or be more subtle and ask for arbitration from the scheme she "used" so she realises her mistake on her own?

Read the Shelter Scotland link I provided earlier. It tells you all you need to know. There's no point getting into a bun fight about missing crockery and mouldy bath sealant when you can take your former landlord to tribunal over an unprotected deposit. I know you said you emailed her rather than sending a letter as I advised earlier, what exactly did you email her, one of the Shelter Scotland templates?

lisyloo

How about being a bit pragmatic.
I dropped a bowl so bought a new set cheap.
I reckon my landlord values his time so will probably be happy with that rather than having the hassle of getting replacement.
A glass smashed (this is over a couple of years so I'm not accident prone), so I bought a couple at the supermarket quite cheaply.


How about replacing the selant yourself?
As long as it's a reasonable job, most landlords would nbehappy and don't want the hassle of having to organise repairs.

Rosemary7391

lisyloo wrote: »

How about being a bit pragmatic.
I dropped a bowl so bought a new set cheap.
I reckon my landlord values his time so will probably be happy with that rather than having the hassle of getting replacement.
A glass smashed (this is over a couple of years so I'm not accident prone), so I bought a couple at the supermarket quite cheaply.


How about replacing the selant yourself?
As long as it's a reasonable job, most landlords would nbehappy and don't want the hassle of having to organise repairs.

If we're being pragmatic - is the time taken to count the crockery at every change of tenant really worth the landlord's time!? Does he inspect it for chips too? "Oh no, you've gone from 7 plates to 6 and one of them has a chip, so that'll be a £1 for the missing plate and 50p for the one that has a chip."


After 6 or 10 years I'd've thought the sealant would be perishing anyway, although I agree mould isn't wear and tear (I have mouldy sealant too and I'm a homeowner I'll just replace it myself, takes a little while and less than a tenner in materials).

lisyloo

is the time taken to count the crockery at every change of tenant really worth the landlord's time!?

I would say no, but it's often done as part of a job lot and clearly items of larger value are worth checking.
Obviously it depends on the pedantry of the landlord.

After 6 or 10 years I'd've thought the sealant would be perishing anyway

Should be done every 1 to 2 years, however I'm not entirely clear on whether this is something that a landlord or tenant should do (I'd say landlord but I'm a tenant so maybe I'm biased).

Pixie5740

lisyloo wrote: »

How about being a bit pragmatic.
I dropped a bowl so bought a new set cheap.
I reckon my landlord values his time so will probably be happy with that rather than having the hassle of getting replacement.
A glass smashed (this is over a couple of years so I'm not accident prone), so I bought a couple at the supermarket quite cheaply.


How about replacing the selant yourself?
As long as it's a reasonable job, most landlords would nbehappy and don't want the hassle of having to organise repairs.

Why bother if the landlord has failed to protect the deposit?

parkrunner

tom9980 wrote: »

Dear ex Landlord

I have checked the government deposit schemes for details and it seems you have failed to register the deposit at all. This is a serious breach and prevents us from using the arbitration service the deposit schemes use so we can address our dispute. I am therefore entitled to take you to court and sue you for the return of the deposit and up to 3x the deposit amount in compensation for your failure to protect my deposit.

I expect the full return of my deposit by XX of December 2018 (suggest 7 days at minimum) otherwise i will have no alternative but to take you to court. Any attempt to deduct anything from my deposit will result in court action.

My address and/or bank details are

XXX
XXX
XXX

Kind Regards

Ex Tenant

---

Your Landlord is taking the P dont let them. Tom a Landlord.

This^^^^^, which hopefully will get your full deposit back without the need for court action.

sal_III

I don't know if it's considered wear and tear, but I have had mould in the bathroom sealant several times at checkout, each time by a dedicated checkout company. Not once was it considered for deduction from the deposit. It should be changed every 2-3 years anyway, so even if the mould is considered "damage" there is 0 payable after 6 years as it's overdue for replacement regardless.

It makes a great difference how the sealant was applied, any small gaps are bound to collect moisture and bacteria. Many professionals use the soapy water method, because it's quick and easy, but also is prone to leave such gaps.

lisyloo

Pixie5740 wrote: »

Why bother if the landlord has failed to protect the deposit?

To get it back !