Landlord wont do repairs, use deposit as rent?

arandomuser

Hi.

Context + backstory
I'd like to start by saying I know this sounds shady and dishonest, so here's the situation: For a year now our landlord has refused to fix things, but sadly we can't find any other place to move to (because we have pets and it's hard as hell around here).
This includes (but reaaally not limited to):

• Mold in bathroom and bedroom
• Hanger falling off the wall in the entrance and pulling a bit of the wall with it
• From day 1 backyard completely filled with weeds
• Doors won't close anymore because wood bending due to temperatures
• Water coming from roof into bedroom that we had to fix ourselves

I might be forgetting some, but those are the biggest offenders. We've cleaned multiple times the mold in the bathroom and bedroom ourselves. I've sent about 400£ fixing our backyard and removing all weeds myself for many weekend afternoons. I've went outside my upper floor to fix our roof.
The biggest thing left is the hanger and doors. Since those are structural things, they will be expensive, and I don't want to pay for them, especially the hanger. It has literally come off the wall and pulled cement with it (and mind you, we only ever hang 1 or 2 jackets there, because it broke after that).

That has been like that for nearly a year now despite me sending over 50 messages and multiple emails to him (although no registered letter) which have mostly been ignored.

Currenty situation + question
We're not UK natives and we are leaving the country back to our home country in July. So quite literally we will have lived in this house nearly the whole rent period with those issues not fixed.

Due to the shady landlord's actions until now, I'm nearly sure he will be putting all of these things as "damage" and try to take from the deposit (secure deposit). And because we are leaving, we won't be here to context any deposit damages and it will be a mess to do by letter.

What I'm thinking is, and I know it's not the best way to do it, simply not pay the last month and a half of rent (1200£/month, 1800£/month and half) and let him have the full deposit (1800£) uncontested. This way he will get all of his due money but won't be able to charge me things he should fix himself and I won't even ask for compensation for the things I've spent money fixing (backyard, mold products, etc)

And my questions are:

1. Could I potentially get into troubles (EU)?
2. Are there any better options than this?

Norman_Castle

arandomuser wrote: »

I've sent about 400£ fixing our backyard and removing all weeds myself for many weekend afternoons. I've went outside my upper floor to fix our roof.
The biggest thing left is the hanger and doors. Since those are structural things, they will be expensive, and I don't want to pay for them, especially the hanger. It has literally come off the wall and pulled cement with it

Choosing to spend £400 was up to you, what was it spent on? Removing weeds is free.
A loose coat hanger isn't structural, it a very minor diy repair.

Comms69

arandomuser wrote: »

Hi.

Context + backstory
I'd like to start by saying I know this sounds shady and dishonest, so here's the situation: For a year now our landlord has refused to fix things, but sadly we can't find any other place to move to (because we have pets and it's hard as hell around here). - Have you reported, in writing, the issues that needs sorting? (that mean pen, paper, envelope and stamp)
This includes (but reaaally not limited to):

• Mold in bathroom and bedroom - 9/10 times mould is a result of lifestyle, and can be easily cleaned.
• Hanger falling off the wall in the entrance and pulling a bit of the wall with it - Minor defect.
• From day 1 backyard completely filled with weeds - Typically a tenant responsibility.
• Doors won't close anymore because wood bending due to temperatures - wood tends to bend due to humidity more, and given the mould issue; is the house being ventilated regularly?
• Water coming from roof into bedroom that we had to fix ourselves - This is a LL issue

I might be forgetting some, but those are the biggest offenders. We've cleaned multiple times the mold in the bathroom and bedroom ourselves. I've sent about 400£ fixing our backyard and removing all weeds myself for many weekend afternoons. I've went outside my upper floor to fix our roof.
The biggest thing left is the hanger and doors. Since those are structural things, they will be expensive, and I don't want to pay for them, especially the hanger. It has literally come off the wall and pulled cement with it (and mind you, we only ever hang 1 or 2 jackets there, because it broke after that). - I suspect it's not cement, but plastering

That has been like that for nearly a year now despite me sending over 50 messages and multiple emails to him (although no registered letter) which have mostly been ignored. - sorry but a letter is step 1 in the process. emails and texts don't really count for anything.

Currenty situation + question
We're not UK natives and we are leaving the country back to our home country in July. So quite literally we will have lived in this house nearly the whole rent period with those issues not fixed. - will you still be in the EU? - there's a good chance that Brexit will include provisions for chasing debts across the EU member states and the UK.

Due to the shady landlord's actions until now, I'm nearly sure he will be putting all of these things as "damage" and try to take from the deposit (secure deposit). - irrelevant, it hasn't happened, so you cannot know this for certain. (and some of it may be a legitimate claim anyway) And because we are leaving, we won't be here to context any deposit damages and it will be a mess to do by letter. - That's nonsensical, the disputes are done online. You wouldn't appear in person

What I'm thinking is, and I know it's not the best way to do it, simply not pay the last month and a half of rent (1200£/month, 1800£/month and half) and let him have the full deposit (1800£) uncontested. This way he will get all of his due money but won't be able to charge me things he should fix himself - Except the possibility of taking you to court and you not being present, thereby winning by default and pursuing the debt in your country? and I won't even ask for compensation for the things I've spent money fixing (backyard, mold products, etc) - You are most likely not entitled to any

And my questions are:

1. Could I potentially get into troubles (EU)?
2. Are there any better options than this?

Yes you could, as I mentioned regarding pursuing judgments across the EU


yes, pay the rent, dispute the deposit claims and accept return of whatever is left.

arandomuser

@Norman Castle
"Choice" is up to debate here. We couldn't even access the small wooden house in the back to store our bikes since it was crowded with large weeds. I have no expertise on removing them, so I first paid someone to come fix a bit (remove the bigger stuff) and I was told he needed to come other times or I could remove them myself. I had to buy gear/produts to do so, which all amounted to nearly 400£.

But this is a moot discussion. I don't mind paying those 400£ like I've said. What I want discussed is the questions I've raised up, that's where I need help at (I've removed the 400£ from the original post to avoid side-argueing).

It's not a loose coat hanger, as I've said. It has literally pulled out cement from the wall when it came down. It's not a very minor DIY repair, but even if it was it's clearly stated in our contract that I cannot do any structure fixing without written permission from our landlord - and that wall behind the hanger needs cement put in again and be painted.

arandomuser

@Comms69
Have you reported, in writing, the issues that needs sorting? (that mean pen, paper, envelope and stamp) : No, I've only sent email, message, and voicemail. I assume then, that those don't count for anything? I can get to sending him a written letter. (as a foreigner, I always thought "written" meant any written thing).

9/10 times mould is a result of lifestyle, and can be easily cleaned: The one in the bedroom sure isn't. It's all the lower wall next to the heater, it just grows mold from heating the room even though we open the window every day during the day.

Minor defect: Read the previous coment I made. It has literally pulled cement out of the wall.

Typically a tenant responsibility: Even if was there from day one? Alright, I'll accept that.

wood tends to bend due to humidity more, and given the mould issue; is the house being ventilated regularly?: Yes, every day during the day windows from 2 rooms are open to make sure it ventilates.

I suspect it's not cement, but plastering: I don't really know the difference, but it looks gray and comes out in small pieces, maybe not cement then?

sorry but a letter is step 1 in the process. emails and texts don't really count for anything.: as I thought then, written means written letter. I gotta say though, this is the fourth country in EU I live in (including home country) and all of them counted emails/messages as valid documents. Quite annoying but I gotta adapt to where I live, not the other way around. I'll get to sending him a letter today.

will you still be in the EU? : Yes

That's nonsensical, the disputes are done online. You wouldn't appear in person: I meant if things escalate to small court. I can't come unless I spend a few hundred in flights + trains + staying over.

You are most likely not entitled to any: I accept that, those were my decisions anyway.

Yes you could, as I mentioned regarding pursuing judgments across the EU
yes, pay the rent, dispute the deposit claims and accept return of whatever is left.

So, the advice is to dispute and accept whatever return? What if he shows the hanger wall as "structural damage" and charges me for it, when I've had it for nearly a year and sent him multiple messages of it?

need_an_answer

Did you have an inventory when you moved into the property?

How were the items described or photographed on that inventory?

Comms69

arandomuser wrote: »

@Comms69
Have you reported, in writing, the issues that needs sorting? (that mean pen, paper, envelope and stamp) : No, I've only sent email, message, and voicemail. I assume then, that those don't count for anything? I can get to sending him a written letter. (as a foreigner, I always thought "written" meant any written thing). - Yep, a letter. The address will be the address on the tenancy agreement (for the purpose of serving notice)

9/10 times mould is a result of lifestyle, and can be easily cleaned: The one in the bedroom sure isn't. It's all the lower wall next to the heater, it just grows mold from heating the room even though we open the window every day during the day. - Fair enough, have you got a dehumidifier?

Minor defect: Read the previous coment I made. It has literally pulled cement out of the wall. - It's minor, it's just plastering. You can use some filler (£2-3) and fill the hole.

Typically a tenant responsibility: Even if was there from day one? Alright, I'll accept that. - You don't have to do anything with it, but neither does the landlord. In any case, you wont be charged for it

wood tends to bend due to humidity more, and given the mould issue; is the house being ventilated regularly?: Yes, every day during the day windows from 2 rooms are open to make sure it ventilates. - How strange. Perhaps a dehumidifier is needed

I suspect it's not cement, but plastering: I don't really know the difference, but it looks gray and comes out in small pieces, maybe not cement then? - It's not important.

sorry but a letter is step 1 in the process. emails and texts don't really count for anything.: as I thought then, written means written letter. I gotta say though, this is the fourth country in EU I live in (including home country) and all of them counted emails/messages as valid documents. Quite annoying but I gotta adapt to where I live, not the other way around. I'll get to sending him a letter today. - unless the contract allows another form of communication (and the vast majority of tenancies don't) the only valid one is my letter. English (and welsh) law requires an address in England (or wales) to serve notice. Cant comment on other countries

will you still be in the EU? : Yes

That's nonsensical, the disputes are done online. You wouldn't appear in person: I meant if things escalate to small court. I can't come unless I spend a few hundred in flights + trains + staying over. - All costs you can seek to reclaim. Remember it would be you suing the landlord, so the threat of extra costs (reasonable) would probably be enough for them to avoid the prospect

You are most likely not entitled to any: I accept that, those were my decisions anyway.


So, the advice is to dispute and accept whatever return? What if he shows the hanger wall as "structural damage" and charges me for it, when I've had it for nearly a year and sent him multiple messages of it?

You would dispute it (it's not structural anyway, it's cosmetic). The default position is the deposit is your money, so the landlord needs to prove the damage



Thanks for replying so efficiently, it helps to keep track of which bits we need to still address.

arandomuser

@need an answer, we did an inventory yes, but the house was completely furniture-free. In the photos the hanger was fine, and you can't tell if the doors close or not. The garden was already weeded so again I'll accept that one is on me.

@Comms69, I'm trying to find a solution/answers, replying efficiently helps you and me both. I'm trying to not post a photo because of fear of being linked to the house in question, but is it cosmetic when I can see three massive (3cm wide) holes in the wall plus a large cracked area around it where cement/plastering has come off?

Also, the default position is that it's my money, but currently the landlord is holding it. Since I've not done this in the UK before I'm a little bit skeptical on how it works. For comparison, in Belgium (another country I've lived on) the deposit is held at the bank in a joint deposit bank account and can only be taken out if both agree. Here it seems it's in the landlord's account and he can charge me whatever he deems fit, which will then be hard to dispute.

Comms69

arandomuser wrote: »

@need an answer, we did an inventory yes, but the house was completely furniture-free. In the photos the hanger was fine, and you can't tell if the doors close or not. The garden was already weeded so again I'll accept that one is on me.

@Comms69, I'm trying to find a solution/answers, replying efficiently helps you and me both. - agreed I'm trying to not post a photo because of fear of being linked to the house in question, but is it cosmetic when I can see three massive (3cm wide) holes in the wall plus a large cracked area around it where cement/plastering has come off? - the key thing is the depth or the holes, not the width. Plastering, once is cracks, tends to keep cracking; but is not very thick. Usually the reason is that the wrong type of drill was used. it's not structural; I'm fairly certain of that.

Also, the default position is that it's my money, but currently the landlord is holding it. Since I've not done this in the UK before I'm a little bit skeptical on how it works. - sure that's understandable. For comparison, in Belgium (another country I've lived on) the deposit is held at the bank in a joint deposit bank account and can only be taken out if both agree. Here it seems it's in the landlord's account and he can charge me whatever he deems fit, which will then be hard to dispute.

Here, the money is either held by the scheme in question, or held by the landlord, but insured by the scheme in question.


You say that the LL has it, but I think it's more likely the scheme does, as that is the free version.


In anycase, the dispute is taken to the arbitration who allocate the money as they deem fit. The scheme holding the money will then release it to you and the landlord.


The insurance backed scheme would pay out and pursue the LL if necessary.

hb2

@arandomuser, please will you confirm that the landlord gave you details of the deposit protection scheme he used? He was obliged by law to use one of these schemes for exactly the reasons you have stated. Claims are then arbitrated by the scheme if the tenant and landlord cannot agree.

arandomuser

@Comms69 ,
the key thing is the depth or the holes, not the width. Plastering, once is cracks, tends to keep cracking; but is not very thick. Usually the reason is that the wrong type of drill was used. it's not structural; I'm fairly certain of that: I've just checked and they are about 7-8cm deep, does that help coming to a final conclusion?

@Comms69 and @hb2 I can confirm it's under a deposit protection scheme, used by "myDeposits". What exactly would it mean to have the scheme arbitrating (this even a word?) our disagreements?

And moreover, would I have to be here to argue them? It does clearly state in our contract that the landlord holds the cash so I'm not sure if he holds it or scheme does but say it belongs to the landlord?

Edit: Worth mentioning I've been calling it a landlord, but it's actually an agency, a one man agency but an agency no less. Does that change anything?