Hi there,
After a little advice please… I rented a property from August 2023 till last Sunday 16/2 have had an ongoing dispute with landlord since last June over the shower needing repair due to damaged tiles which caused water to leak behind & cause damage to the next door property. The repair was half done in August finally after 6 weeks of waiting. This repair then failed again in October causing more damage of which I reported the problems to the landlord. I was basically told there was nothing wrong with the shower and it was all fine. I pushed again but still no attempt to repair just promises of the insurance assessor attending. One did and told me it was not an insurance issue so nothing would be done on their part. I asked again more promises…till finally the landlord attended again with another insurance assessor on dec 19. I was shouted and sworn at by the landlord and had the bathroom door slammed on me as apparently I had no right to be there while the inspection took place. The assessor was then told they had to be quick as I was a super dangerous person & they’d had problems with me before ( all untrue I hasten to add) I then started recording as I felt unsafe and was basically told me & my daughter were not her problem it was her house & if I wanted a house I should save up and buy one myself. Then shouted at me I wouldn’t be living there for much longer anyway!! 2 days later I was served a section 21 eviction notice!! The shower hasn’t worked since October 6th which apparently is acceptable.
I moved out last Sunday 16/2. I was told an exit inventory was being done on Mon at 10.30am I’ve asked for this but no reply?
Now she is trying to claim my whole deposit from the dps saying the shower was deliberately damaged,( I informed her by email that I had left the shower exactly how she left it on dec 19 when she pulled the tiles off herself, also on recording when I started it that day) the boiler is broken, gas hob is broken, extractor hood is not working ( on inventory when I moved in as not working) & the house was filthy ( had it cleaned professionally on Sunday)although she had new tenants in there on Tuesday 18th so was empty for 1 day. She has history with this house and previous tenants.
Have lodged a dispute with the Dps but can’t advice would be gratefully received & sorry it’s so long!
First things first, if you were not present during the check out inventory and if the landlord hasn’t got your signature on the checkout inventory, the landlord will find it extremely difficult to keep your deposit.
Personally, I would reply with the facts. Take all emotion out of it, and just reply with something like the following:
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The landlord and insurance assessor attended on xx date and xx date due to me reporting the shower was faulty and leaking. The shower was not fixed by the landlord and was left by the landlord and the insurance assessor in an unusable condition with tiles removed. Upon vacating the property, the shower was left in the exact condition the landlord and the insurance assessor left it.
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The extractor hood was detailed as not working on the checkout inventory.
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All other claims are denied entirely.
I hope this helps a little.
Thats not the case. Tenants dont need to be present or sign the checkout report for a claim to be valid.
However, unless your landlord has good evidence that you caused the damage, he is unlikely to win if you contest this with ghe deposit scheme.
That is not my experience but I’m always happy to be corrected.
In general, if a tenant doesn’t accept the checkout inventory as accurate, the onus falls on the landlord as you say to prove the tenant caused the damage. If the tenant hasn’t signed the checkout inventory, that would be very difficult to prove.
Hi. DO you have correspondence with LL, where you inform them of shower leak, etc? This would be a good evidence to present to DPS as proof that the problem started long ago and has been an ongoing issue. As LL, I know that DPS is biased in favour of TT, so I’m pretty sure you’ll get your deposit back as long as you contest LL’s claim.
In addition, at adjudication, it’s LL’s responsibility to prove their claim. So, unless they have cast-iron proof that you created the problem, they won’t see any compensation.
Can’t help asking about a different issue. Did your LL charge well rent below market rate? In this case, some LL expect TT to manage themselves and pay for at least some of the repairs from their own pocket. I know, I know, it’s not your responsibility. But then LL doesn’t have to charge you low rent. They have every right ro increase it up to market value.
Good luck.
In general landlords need to have detailed check-in inventories, which the tenant would be expected to sign, preferably with photographs to back them up. The comparison with the checkout report and photos is usually enough to establish fault provided they can show that the damage claimed is not wear and tear or a malfunction of the item. In the OP’s case, the landlord may struggle to do this.
In my experience, most landlords prefer to do the inspection at their leisure once the tenant has left.
hi thanks for the reply,yes plenty of email & text correspondence about on going shower problems.
the landlord charged normal market value for the property & in fact put the rent up during the dispute over the shower. she has history with the house, previous tenants etc…
Hi there,
I have the checkin inventory from when I moved in which clearly states extractor was already broken. They had new tenants in the house within 48hrs also…
I’m sorry you have to go through it. Such LL give the rest bad name. Hope you get your deposit back ASAP and move on.
All the best.