Am I the person to be blamed for the dampness on the roof - Agent not refunding the m

cherry_blossom_6

Our house had the same type of problems. Our last two didn't!
We have mould on the walls in our main bedroom, our dining room and our bathroom. Our house is quite old and has solid walls, so it is cold against hot. We don't have double glazing, although we do have a dehumidifier (which is great by the way).

We can leave the window open in our bedroom all night and in autumn, winter and spring there is still condensation on the windows and damp feeling walls. We can't leave the windows open when we go to work, so not much we can do.

We also have a 'sweaty' loft!! Apparently this is pretty much the same as condensation on your windows. When there isn't enough airflow or insulation you end up with loads of condensation. We had enough that it was dripping through our bedroom ceiling and we called a builder out thinking tiles had come off the roof!! Sounds simular to what you had.

Good luck. We had to threaten a landlord with court once to get them to pay most of our deposit back. Make sure you send your letters by recorded delivery so you can get a signature and prove they got it in court.

yatin123

Hi, I now have recieved a reply from the agent regarding my deposit. The agent has stated in the letter that
1. He has informed us on many occasions about condensation and hv asked us to open the windows - This particular agent when contacted over the phone for fungus asked us that we should keep the windows open but never came and looked around. When in Dec'06 when the problem got worse and after trying to reach him over the phone several times,I wrote a harsh letter to the agency and another colleague from the same agency came around and told us that it could be dampness and said he will contact the LL.
But, it was never done and in Feb 07, I contacted the LL thro' our neighbours but even he didnt do anything abt it.

But, this agent also has stated in the letter that they dont maintain the property and that they forward any issues to the LL. But, when I contacted the LL at the time of vacating the house, he didnt like it and told me to contact the agent for any queires.

2. He has also stated that the apartment was not clean - I have made every attempt to clean the house and I honestly cannot accept this . I took almost two days to clean every nook and corner of the house.

Now that the agent has replied saying that he will not return my deposit - the reason being cost for repainting the house and cleaning - what should I do now?

Should I send another letter to the agent asking him to return the deposit - I can copy the letter that was sent in last dec - i hv stated in that letter that i hv made several attempts to contact the agent and that no one has responded.

Kindly someone pls advise me on how to proceed further....

I really need some advise from you people b4 proceeding further.

Many thanks

yatin123

Hi, I now have recieved a reply from the agent regarding my deposit. The agent has stated in the letter that
1. He has informed us on many occasions about condensation and hv asked us to open the windows - This particular agent when contacted over the phone for fungus asked us that we should keep the windows open but never came and looked around. When in Dec'06 when the problem got worse and after trying to reach him over the phone several times,I wrote a harsh letter to the agency and another colleague from the same agency came around and told us that it could be dampness and said he will contact the LL.
But, it was never done and in Feb 07, I contacted the LL thro' our neighbours but even he didnt do anything abt it.

But, this agent also has stated in the letter that they dont maintain the property and that they forward any issues to the LL. But, when I contacted the LL at the time of vacating the house, he didnt like it and told me to contact the agent for any queires.

2. He has also stated that the apartment was not clean - I have made every attempt to clean the house and I honestly cannot accept this . I took almost two days to clean every nook and corner of the house.

Now that the agent has replied saying that he will not return my deposit - the reason being cost for repainting the house and cleaning - what should I do now?

Should I send another letter to the agent asking him to return the deposit - I can copy the letter that was sent in last dec - i hv stated in that letter that i hv made several attempts to contact the agent and that no one has responded.

Kindly someone pls advise me on how to proceed further....

I really need some advise from you people b4 proceeding further.

Many thanks

Rick62

A properyly built and maintained house does not suffer mould/fungus etc, I think you also said that you in fact did open the windows for a few minutes everyday anyway? Stick to your guns, the courts are not stupid and their claim is not credible.

Cleaness - You said you cleaned it, did anmyone help/witness this? I think you also said that you took pictures? Also is this the first time that he has claimed for not being cleaned? Ask him for copies of invoices from the cleaning company and for specifics of what was not clean enough. Did you not have any joint inspection when you moved out the flat?

Bottom line, if this is the first time he has raised this then the court will not give this claim much credibility.

He is trying to fob you off, you need to maybe write once more formally then you need to astart court proceedings. Courts will have heard it all, and I imagine must be fed up with amateur landlords trying to rip of their tenants.

yatin123

Many thanks for your reply Rick. He has mentioned about the cleaning the apartment in his earlier mail also. But, he has not mentioned abt what was not clean and other details. I don’t have any witness to prove this. I vacated the apartment on Saturday morning…so, he came around to check the apartment only a week after I moved.
I will send another letter to the agency and will wait for another 7 days before proceeding further.
Many thanks

yatin123

Hi,
I filed a case against this agent and the landlord in the Belfast courts and have received a dispute from them. They have also claimed additional £300.
The details are as follows:
NOTICE OF DISPUTE AND COUNTERCLAIM
Dispute
Only complete this section if you dispute the claim.
Take notice that I intend to dispute the claim made against me for the following reason(s):
I intend to dispute this claim for the following reasons:
1.The apartment was left in an unacceptable condition, because it had not been cleaned properly.
2.Throughout the tenancy agreement it had been explained on many occasions that the vents in the
windows where to be left open and also when appropriate open the windows to allow ciculation of
air.
3.The tenant left extra furniture in the apartment.
In order to re-instate the apartment to its original condition for re-letting the following had to be
carried out:
1. The apartment had to be cleaned thoroughly.
2. The apartment had to be repainted as a result of the tenants failure to open the windows or the
window vents.
3. The extra furniture left by the tenant had to be removed and disposed off.
The associated invoices for the above will be forwarded to the Small Claims Court in support of this
dispute.
In addition a copy of the apartment inventory will be supplied which was provided to the tenant at
the beginning of the tenancy agreement. The inventory noted the condition of the apartment at the
beginning of the agreement stating that there were no mould issues and that the apartment was in a
high state of cleanliness.
08/020539
A letter was sent to the tenant expaining that the deposit would not be returned.
Counterclaim
Only complete this section if you wish to make a counterclaim
I wish to make a counterclaim for £ .00
Please describe in simple terms the details of your claim. Also include the date the claim arose and, if
interest is claimed, the amount, rate and period covered.
I do not wish to make a counter claim, but please note the total cost of re-instating the apartment to
its original condition was £763.75. The landlord of the property is willing to forgo pursuing
payment of these additional costs - with a view to resolving this claim.
Signed: Belvoir Lettings
(Respondent) BELVOIR LETTINGS
Dated: 24 March 2008


I really need some help from you people regarding this.
1. I was not handed over any kind of inventory during my tenancy.
2. To be honest, I didn’t leave any extra furnitures in the apartment. I only left my son's walker in the store room…but the apartment was fully cleaned.
3. The apartment was fully painted when I moved in…but, the mould problem started to appear within two months.
Kindly advise me what the next step is ..and pls give me some suggestions on how to defend my case.
Many thanks

zebulon

yatin123 wrote: »

1. I was not handed over any kind of inventory during my tenancy.

Inventory should have be signed by you, and both agent and you should a signed copy...
so if you didn't sign anything... they will probably make one (minus the furniture ("your furniture" :rolleyes: ) the LL wanted to remove...

check your agreement, in one I had a couple of years ago it says something like "i agree bla bla bla bla with the attached inventory", except that there never was an attached inventory. (the LL believed i was leaving the country and I could see ££ in his eyes, silly him, he didn't get this chance)

I'm sure someone will come along with good info for you.
but really stick to your gun, be firm
and I guess start making list (chronology of who was contacted, who came to the flat, who said what etc) and gather all possible documents/pics etc you can think about.

Just thinking, you seem to have keep contact with the neighbours - can get in touch with them and they could ask current tenants if they have any problem?
After all, if they have, they have to be aware that LL will keep the deposit...

and do you have any contacts for the tenants before you?? if the previous paint job was to cover things, that would be good info... (maybe they left a forwarding address to you for mail?)

clutton_2

if you do not have an inventory on moving in and an inventory on moving out with both LL and tenant signature on both then the judge will not have adequate proof that the property has deteriorated during your tenacy.

they are trying to bully you - ignore them.

What colour were the damp patches ?

yatin123

Thanks very much Zebulon for your quick reply.
Yes, our agreement had something like attached inventory..but we never recieved any. So, will they be able to show a list - but, that will not have our signature anyways isnt it?
Also, I will check with the current tenants about the mould issues. And, I just have recieved a mail that was circulating among a couple of colleagues who work for BT in Belfast..who also havent got their deposit from this letting agent.
Will I be able to get a letter of any sort from these people as a supporting evidence for my case. I am also trying to get a supporting evidence from my neighbours...as I was contacting my landlord through them abt this mould issue and they know very well abt what was going on.
Kindly let me know what are the legal proofs that I can show in order to support my case.

yatin123

Hi clutton, thanks for your reply.
The moulds were in dark black patches...they were very sticky. The walls were only painted in ordinary white cement...so, when I cleaned the mould for the first time, itself...the paint came off..
I reported the mould to the LL and the LA a number of times...but they never responded.
Should I now send all my evidences and supporting docs to the small claims court?