Monday, December 12, 2011

Help with ex landlord charging for repairs?

I am just wondering if i am correct in thinking when you move into a rented property the deposit covers damages for when you leave and the rent in advance paid covers the last month?





also i am having problems as my ex landlord is trying to charge me for damages?


when i moved into the property it wasnt newly decorated and didnt have new carpets.


he has now ad the whole flat redoecorated replaced the curtain tracks which he caims stolen ( i didnt) with blinds and trying to charge me 拢1,700 for damages i only paid 拢500 deposit.


I had lots of problems with the flat all windows and doors were rotted the bathroom ceiling leaked and he never done anything about this, i couldnt open the windows as the glass would fall out!!!!





Unfortunatley my guarantor who at the time was a close family member now has nothing to do with the family and is making life very difficult for us i can understand its hard for her, having to sort my ex landlord out but i dont no what to do.


the landlord is pressuring me into saying ill pay for the repairs ect.(the flat was fine wen i left) i dont no what to do, i am a single mum to a two year old on benefits and cant afford this amount in a lump sum??|||Rented property: If you paid a bond, the landlord will do the damage itself if it prevents it from having to give you your money back. Get legal advice: many landlords do this to their ex-tenants. Write to your MP, contact the local CAB (or whatever you have access to) let the Landlord know that you are going to fight him/her every inch of the way. This is one of the unspoken joys of rented accommodation.|||When you moved into the property, did you have an inventory? A document that states the condition of things? if not then it will be very difficult for the landlord to prove anything in court, and the judge will note that it is your word against his. As masked says, dont be worried about court.|||he may only charge for repairs he can prove are YOUR fault|||1) Deposit is for ANY financial problems at the end of the tenancy - be it damages, missing rent or whatever





2) Advance rent pays for the first months rent - you pay it before you get it, hence 'advanced'.





Your deposit should be in a government approved scheme. If it is, dispute the charges with them. If it isn't, see here: http://tenancyanswers.ucoz.com/index/my_鈥?/a>





Do not pay the landlord anything you do not believe is reasonable. For any damages, the onus of proof is on him, in either court or with the deposit scheme.





If he claims a carpet has been damaged, he will have to prove the state of the carpet at the start of the tenancy in order to prove that YOU caused the damage. Even if he could prove such a thing, he wouldn't get the full cost of the carpet. For example, lets say a cheap quality carpet cost 拢100 3 years ago. The longest he could expect that to survive in a rented property is 5 years, so if it is thrown out now, he's only lost 2 years of carpet. So he'd be awarded around 拢40.





This may be of interest: http://www.propertyhawk.co.uk/index.php?鈥?/a>





Finally, if he threatens to take you to court, don't worry. The court is there to make a decision what is right and what is not. He has to PROVE his claims, judges are not stupid, they will see through lies etc. If I were you, I'd encourage him to go to court.|||Your deposit covers damages - yes - but it may not cover all of them so yes you can still face extra charges when you vacate a property.


You pay rent in advance throughout a tenancy so you do have to pay rent for the last month too it is not 'covered' as you seem to think.





If you move in say the first of Jan, you pay a months rent in advance (plus security deposit) that takes you to Feb when you pay rent again in advance to take you to March etc and so on through your lease. You do have to pay rent for the last month of the tenancy too.





As to damages, in your other question you refer to having two small children and two cats (which are indoor cats) therefore it is quite likely that the property you recently left will have needed some repairs which would not come under fair wear and tear.





You say you had problems with windows etc but did you try to get these things sorted by the landlord? Do you have copies of communications with him on the subject? You can't use these things now if you didn't do anything about them at the time.





Your deposit will have been (or should have been) 'protected' therefore if you are disputing its application you need to work through the deposit protection scheme. Your landlord cannot simply decide to keep it you both have to go through arbitration.





I don't have all the links to hand but I am sure 'masked landlord' will be here soon and he will give you good advice as usual.

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