A boring, tedious, question about Landlord/Deposit issues I'm having.
Question in replies.

Appreciate any advice b3ta, not sure what to do!
(gin'll fix it, Wed 28 Jan 2009, 12:35, 27 replies, latest was 16 years ago)

Question:
I moved into a room in a house-share, occupied by the landlord, in June 2008. I've been to hand my keys back yesterday and received a letter stating that they were taking £250 out of my £350 deposit to completely redecorate the room. This is due to there being severe damp and mould also on one wall of the room.

About three months ago there was a lot of damp coming through on the wall facing the outside. The landlord was made aware of this and got a roof specialist out to confirm it wasn't the roof or the guttering causing the damp. He suggested it might be a ventilation problem. From this, the landlord has decided it must've been due to me hanging clothes to dry on a clothes rail once a week (even with the window open). I doubted this but agreed to dry my clothes downstairs in future.

Nothing changed with regard to the damp, it got worse and was still there daily. They offered to buy the materials if I was willing to paint and redecorate, but as I was planning on leaving I didn't bother.

Nothing was mentioned about it again until yesterday when I was handed this letter with reasons as to why the money was being kept back. It had a quote from a painter and decorater for £200 to do the whole room, and a receipt from B&Q for paint and wallpaper.

My deposit wasn't put into the new tenancy deposit scheme, but I don't know if that should've applied due to it being a house share. At the bottom of my contract there is a line that says: "This form of agreement is for use in those cases where the room is party of a house or flat which the owner occupies as his/her only or principal home so that an Assured Shorthold Tenancy is not created.

I don't really know what to do next, after arguing with them for 20 minutes last night as to how it wasn't my fault, we were still no further so I came on here and wondered if anyone has any advice. It would be greatly appreciated.
(gin'll fix it, Wed 28 Jan 2009, 12:36, Reply)

I'm no expert
But I always thought that the purpose of a deposit (usually 1 month's rent) was to cover against any damages caused by you to the property. Those were the conditions I was given when I was renting.

You can hardly be blamed for mould and damp! Unless you've been pissing against the wall?
( Davros' Granddad a voice of calm reason in a world of spastics., Wed 28 Jan 2009, 12:40, Reply)

They are not legally in the right
I am fairly sure, drying clothes isn't going to create damp. And redecorating isn't going to fix the landlord's problems.

Check your tenancy agreement if you like, there should be some form of clause in there. And I suggest you get in touch with your local Citizen's Advice Bureau. They're everywhere, free legal advice.

Don't let the bastards get away with it!
(darras jeg har en grevling i hodet. Grevling, grevlang, Wed 28 Jan 2009, 12:40, Reply)

This is why they invented the tenancy deposit thing
Because landlords are cunts.

I'm no expert on tenancy law so I will allow others to chime in; I suspect my solutions to this problem would be of a 'send the boys round' variety.

At the very least if he does insist on charging you the £250, wait til you get the other £100 back and then act upon your right to cause the £250 of damage you've just paid for.
(Son of Sam-i-am We're all as mad as hatters here, Wed 28 Jan 2009, 12:41, Reply)

Steal GBP250 pounds worth of the fuckers stuff.
Or run up a utility bill for the same and dont pay it. You could rent out the place as a sauna until your lease runs out. You still have the keys, right? Give em nothing.
(bazmorningstar efil4nat3b, Wed 28 Jan 2009, 12:42, Reply)

What darras said
If you've warned them about it, and done what they suggested you do (though all that about drying your clothes in there is horse-shit), then it's their problem, not yours. It sounds as though you're not the cause of the problem, so it's not your problem to pay for.
(LongJohnBaldry, Wed 28 Jan 2009, 12:43, Reply)

Surprisingly
They waited till I'd handed the keys back before giving me the letter, cunts. I planned to get copies cut for this very reason but decided against it. I've got my £100 difference, but can't believe they genuinely think that hanging a few clothes up could've caused it.

I've spoken to a few mates in the construction industry and they've all said it's bollocks. For their opinion to be valid, would they have to be introduced as 'independent' from me if they came to look at it?

Thanks for the advice though guys. Suggestion from a mate last night: "Kidnap their kitten, and suggest they put a reward out for £214.44 randomly!" (the amount they're taking)
(gin'll fix it, Wed 28 Jan 2009, 12:45, Reply)

Isn't rachelwsipe a property lawyer?
She'll probably know.

Anyone got a 'rachelwsipe' signal?
( Davros' Granddad a voice of calm reason in a world of spastics., Wed 28 Jan 2009, 12:47, Reply)

Seriously
Contact the CAB. It's free so you lose nothing and they'll be able to put the wind up this guy/gal/landlord bastard.
(darras jeg har en grevling i hodet. Grevling, grevlang, Wed 28 Jan 2009, 12:48, Reply)

Get down to
your local citizens advice bureau

I'm damm sure its illegal, but best to get advice, failing that fish in a well hidden place before you leave

edit, damm darras beat me to it
(Stringy, Wed 28 Jan 2009, 12:49, Reply)

Landlords ARE bastards
It took my last one four months to repay my deposit, despite promising he'd transferred it into my bank at least six times. He then deducted an "admin fee" for the extra paperwork involved in writing me a cheque and reconciling his accounts... Grr.

Make sure everything is witnessed, get some "independent" advice in writing. Also bandy about the names of a few local solicitors who are "no win no fee". Ask to see his evidence and make copies available for "independent verification" of his claims.

Very soon he'll figure out it'll cost him more than £200 in defending his claim and it'll be cheaper to just give in to you.
(Bicycle Repairman "you're also a bit of a wanker", Wed 28 Jan 2009, 12:55, Reply)

You need
to get onto your Local Authority Environmental Health Departement - they should have a section which specialises in private tennants being messed about with by landlords. If you explain the situation to them they can send a nice letter / or someone round to the landlord and that should be enough to get your cash back. Damp is not your problem, as a tennant. Its an issue with the landlord to sort out. You are only liable if you have knowingly or willfully damaged the property / contents whilst living there. You could even just threaten the landlord that you'll go to environmental health - the landlord sounds dodgy anyway and I doubt they'd want the Local Authority to know they're renting, as I doubt they'll have declared this for council tax, etc. Good luck!!!
( SpankyHanky, Wed 28 Jan 2009, 12:57, Reply)

unfortunately, the bottom line is
for £250, there's not much you can do. it would cost you considerably more than that to bring a claim, you can't stat demand for under £750, and the landlord will know this full well. he probably pockets this sum from every one of his hapless outgoing tenants. you can tell him you've taken legal advice, he'll just shrug and wait for you to pursue it, knowing for that amount, you probably won't.

suggest you try and find your local pro bono law clinic, where lawyers do work for charity, and get them to write you a letter. i'd do it, but it would have to come from you as my firm doesn't do pro bono other than for registered charities, and the best worded letter of claim in the world will have less impact from an individual.

one question, though, does he let to students etc? threatening to report him to the university that is his main source of income might have some impact?

edit: although it might not be legally correct, you could also try arguing that, as you all have exclusive possession, pay rent, and have a formal landlord and tenant relationship, you consider that in fact you and the other occupiers DID have an Assured Shorthold Tenancy, and therefore the deposit should have been held in accordance with the TDS. say that you will then report him to the local council for failure to comply with the legislation if he doesn't refund it in full! might be legally flawed, but if he buys it, meh.
( rachelswipe with a fork, Wed 28 Jan 2009, 13:27, Reply)

RACHELSWIPE!

Handling big fat "legal enquires" for b3tans since time immemorial.
(Bazongaloid, Wed 28 Jan 2009, 13:37, Reply)

al
you leave your big... fat... legal enquiry out of this!
( rachelswipe with a fork, Wed 28 Jan 2009, 13:44, Reply)

DUM-DUM-DAH!
It's rachelswipe to the rescue once more.

Marvel as she spews legal technicalities with ease!

Gasp at the fact that she is a lawyer dispensing free legal advice on the internet!

Laugh as she regales you with another tale of shit-based woe!

I am being tongue in cheek, Lady Swipe
( Davros' Granddad a voice of calm reason in a world of spastics., Wed 28 Jan 2009, 13:48, Reply)

haven't actually
had any shitty woe for a long long time.

thank god. bit long in the tooth for all that malarkey these days!
( rachelswipe with a fork, Wed 28 Jan 2009, 13:51, Reply)

Hurrah for the lack of shit based misfortune!

Hurrah!

Hurrah!

Bought any nice handbags recently?
(Bazongaloid, Wed 28 Jan 2009, 13:53, Reply)

no but
i did go a bit mad in kurt geiger at the weekend!
( rachelswipe with a fork, Wed 28 Jan 2009, 13:55, Reply)

Long in the tooth?
Whey, no. You should try being my age!
( Davros' Granddad a voice of calm reason in a world of spastics., Wed 28 Jan 2009, 14:03, Reply)

I wouldn't know but I think that landlords treat deposits as their own money far to often
Is there not anything in the contract about him giving you a room in good nick? Maybe you could say that the damp invalidates that and let him keep your money but demand rent back for the time you were living in a damp room.
(PsychoChomp, Wed 28 Jan 2009, 14:03, Reply)

Yeah
that Kurt Gieger is a right cunt, he drives me mad all teh time.
(Bazongaloid, Wed 28 Jan 2009, 14:03, Reply)

@ Ms Swipe
Kurt Geiger?! Pictures please! It'll be like giving me porn.
( Kitty v1.0 desperately naive, Wed 28 Jan 2009, 15:20, Reply)

@ kitty
am too technically inept to put pictures on here! however, i can tell you that i got one pair of taupe buttery soft leather ankle boots, one black pair of heels for work, and one killer pair of pewter heels for... well, probably stalking around the flat in, as far too painful to actually wear !!
( rachelswipe with a fork, Wed 28 Jan 2009, 15:24, Reply)

When you do
meet with him next, ensure you have a friend with you, Said friend should wear a sharp suit and have the best pokerface. He should say nothing but make lots of notes on a yellow pad.
(porkylips looks better as the sun goes down., Wed 28 Jan 2009, 15:56, Reply)

Free advice
I hope I'm not breaking any rules by suggesting another website but there's a forum on a well known 'moneysavingexpert' website that can give good advice on resolving rental issues.

There are a lot of landlords who post on there as well so hopefully you'd get a fairly balanced opinion.

Hope that helps
Chris
( ElParrot, Wed 28 Jan 2009, 23:57, Reply)

Thanks for all the advice everyone
Just asked them if they'd be willing to meet to discuss things further, they refused because "they've nothing more to add" so going to start proceedings for the small claims court.

Thanks again...
(gin'll fix it, Thu 29 Jan 2009, 19:38, Reply)