Unfair deduction

[sidspop]

Hi,

My daughter moved into a rented house in November.

She (or more accurately the bank of mom and dad) paid a months rent in advance, and a security deposit of £645.

One friday evening in March, four hooded blokes kicked the bottom panel of the back door in, threatened the daughter, smacked her boyfriend about, and scared her daughters, aged 18 months and 5 months. Police were called, as property was taken, mobile phone and some jewellery, not a great amount.

We went down there straight away, while police were doing statements etc, I effected a temporary repair on the door.

The daughter found it difficult to stay there after the robbery, and moved out, and also put in her notice, for 6 months from commencement of tenancy.

 

Now here's the rub. The landlord has stated that as the door was in good condition before the robbery, he says the daughter should pay for it. I reckon that as it was not caused by negligence or a deliberate act on the part of the daughter, it should be covered by the landlord's insurance. Furthurmore, the existing door is half glazed, and he wants a fully panelled door, ie 2 solid panels as replacement, which is to my way of thinking betterment.

 

I have since repaired the door, re-instating the panel, and beads, and there is no visible damage whatsoever, in fact it looks better than before.

 

I wonder how we stand with the security deposit.

 

Any thoughts please?

[Ed999]

My advice is applicable only if the rented premises are entirely within England and Wales, and only if the occupier was granted a shorthold tenancy (under which she [and her spouse/partner/children if any] had exclusive use of a seperate dwelling, which was not shared with another tenant nor with the landlord) and she was over 18 years of age when the tenancy was granted.

 

 

Questions for New Posters

 

Will you please provide the essential information requested in the 'sticky' thread Questions for new posters.

 

There are many other questions to ask: Are the premisesin England and Wales? Is ther Deposit protected? Were you provided with an Inventory, that you accepted? Has any Gas Boiler got a safety certificate?

 

 

Disrepair

 

The deposit paid at the beginning of the tenancy belongs to the tenant, and the burden is on the landlord to prove that any deduction from it is justified: you are not asked to prove anything.

 

If the landlord alleges damage, he must prove it. If there is no check-in inventory, the landlord really doesn't have a leg to stand on; so the tenant is in a stronger position where there is no check-in inventory.

 

 

Read the FAQ about what deductions the landlord can lawfully make from the deposit -

 

- Unfair deposit deductions

 

That FAQ explains the concept of 'betterment', and why the landlord is not allowed to make any deduction for betterment.

 

 

Also read this document - Fair Wear and Tear

 

It explains some aspects of the law regarding fair wear and tear, applying the principle that a tenant is NOT liable to pay for the cost of remedying ordinary wear and tear.

 

 

Also, the landlord can't ask you to pay, i.e. out of your deposit, for the cost of repairs that the law requires him to do. What those repairs are is explained in this FAQ -

 

- Disrepairs in privately rented accommodation

 

 

If you have repaired the damage at your cost, there would appear to be no scope for any deduction in respect of the damage to the door. Which is probably the best solution, as it would probably be futile to argue in a Court that a tenant is not responsible for damage to the fabric of the building during the tenancy, an argument that is unlikely to succeed.

[sidspop]

• Whether the tenancy was granted verbally or in writing.Writing, via letting agency

 

• If it was granted in writing, state the date on which the tenancy began, and the length of the initial term if any.October 29th ish, 6 months

 

• State the amount of the original rent and how often the rent is payable (e.g. per week, per calendar month, per quarter, etc). If the rent has been increased, for each increase state the date on which this occured and the new rent.£495 per calendar month, in advance. No increases

 

• If the tenancy has ended, state how it was ended (e.g. notice by the landlord, notice by the tenant, agreement of both parties, etc), and state the date on which the tenant moved out. One months notice by daughter, as per rental agreement, and then two months notice by landlord. Tenancy agreement ends this Saturday coming, 28th of May

 

• If the tenancy has not ended, but a notice to end it has been given, state who gave the notice, the date the notice was received, the amount of notice given (e.g. two weeks, two months), and the reasons the notice gives for ending the tenancy.

 

Property is in England, and deposit is held in safeguarded scheme via latting agents. Hope this info helps. As far as I am aware, there was no inventory, as it was an unfurnished property. Only thing that could be classed as furnishings are 3 carpets, which we are having cleaned tomorrow evening, and curtains, similarly.

[mariner51]

If LL requires deduction for damages from a protected deposit, inform the sgheme that T objects and request free alt dispute resol scheme decides. Without a move in inventory & photos LL is at a severe disadvantage. Make sure Ind inspection with photos is carried out on last day of T and get copies.

 

Strange question - did you get LL permission to repair & reglaze the door? Was the work carried out by a qualified tradesman?

Whilst I commend your labours, even if it was Ts resp to repair, LL has a duty to ensure any repairs comply with Regs for rented accom. which can differ from owner/occupier repairs. Unsure of the betterment angle as a fully panelled door is similar price to half-glazed, would depend on whether door frame or hinges were compromised in the attack IMO

[Dragons Dennis]

All of which is irrelevant.

 

Damage to an external door by vandalism/break in is not the tenants responsibility and LL should claim off their buildings insurance. There is no justification in deducting any deposit to cover this particular damage. In fact, the LL should reimburse the OP for the repair as without it the property would have been unsecure.

[sidspop]

Thanks for your replies folks.

There was no inventory taken at the start of tenancy. However I took photos of the place, I work for a firm that refurbishes properties for a large landlord, ie Church of England, and I have seen their assessors at work, it made me think and I decided to cover myself, in the event of a dispute later.

The damage to the door was minimal. The bottom panel was kicked in, which is held in place by plastic beads. The beads sprang out, and the panel then fell in. I simply cleaned everything up, and used a rubber hammer to re-attatch, which is the way they are fitted from new.

Whilst I am not a qualified UPVC door fitter, if there is such a qualification, I tend to do this sort of task on a daily basis, so am qualified by experience, so to speak.

There is no damage to the structure of the door, frame or hinges.

Security is only as strong as the weakest point, and in the case of plastic doors, that is the beads.

 

Incidentally, to clarify, the door is half glazed, double glazed unit at top, laminated panel about 25mm thick at bottom.

 

Thanks

[Ed999]

My advice is applicable only if the rented premises are entirely within England and Wales, and only if your daughter was granted a tenancy (under which she [and her spouse/partner/children if any] had exclusive use of a seperate dwelling, which was not shared with another tenant nor with the landlord) and she was over 18 years of age when the tenancy was granted.

 

 

If the tenancy has ended, state how it was ended (e.g. notice by the landlord, notice by the tenant, agreement of both parties, etc), and state the date on which the tenant moved out. One months notice by daughter, as per rental agreement, and then two months notice by landlord. Tenancy agreement ends this Saturday coming, 28th of May

 

 

Under the 1988 Housing Act, unless a different type of tenancy is specifically agreed, an agreement to create a tenancy creates a shorthold tenancy. In such a tenancy, the landlord cannot give less than 2 months notice of eviction, and such a notice (known as a "section 21 notice") can't take effect before the end of the 6th month of the tenancy.

 

It is not, strictly speaking, a fixed term tenancy; a specific termination date does not have to be agreed, and often is not even discussed, so it is often an open-ended weekly or monthly periodic tenancy, depending on whether the rent is due weekly or monthly.

 

In a shorthold tenancy, whether there is an initial fixed term is purely a matter for agreement. The statutory requirement for an initial fixed term of 6 months was abolished in 1996. A fixed term can now be any length; or there can be no fixed term.

 

However, a court order for eviction under section 21 of the 1988 Act cannot take effect during the first 6 months; nor during the fixed term (if there is one), if that is longer.

 

 

As to when the tenant can leave, this depends on the length of the fixed term, because a fixed term binds the tenant as much as the landlord (unless there is a 'break clause' in the agreement: i.e. an explicit right to end the tenancy during the fixed term, by giving notice).

 

If no fixed term was agreed, or it has ended, and there is simply a periodic tenancy with a period of one week or one month, the tenant can give one month's notice to end the periodic tenancy, expiring on the last day of a rent period (but if the tenancy agreement requires a longer period of notice, the tenant must give the period of notice required by the agreement); and this notice can even end the tenancy within the first 6 months.

 

If no fixed term was agreed, or it has ended, so that there is simply a periodic tenancy, by section 21 of the 1988 Act the landlord MUST give at least 2 months notice, expiring on the last day of a rent period (but if the tenancy agreement requires a longer period of notice, the landlord must give that longer period of notice); and this notice CANNOT take effect during the first 6 months.

 

Where the common law requires a longer period of notice, the common law prevails. At common law, to end a periodic tenancy one period's notice must be given, expiring on the last day of a rent period: so if the rent is payable every 2 months, then not less than 2 months notice must be given; or if the rent is due quarterly, then at least one quarter's notice must be given; and so on.

 

 

The termination notice given by your daughter is invalid if it was not given in writing, or if it does not give at least 30/31 clear days prior notice, or if it does not end on the last day of a rent period.

 

The competing termination notice given by the landlord is invalid if it was not given in writing, or if it does not give at least two clear months prior notice, or if it does not end on the last day of a rent period, or if the tenant's notice expires first. The landlord's notice does not end the tenancy: he must ALSO obtain a court order.

 

The landlord cannot terminate a shorthold tenancy by notice; he must also obtain a court order. A section 21 notice thus does not bring a tenancy to an end, and is not a notice to quit; it is merely the first step in obtaining a court order (which takes at least a further month).

Edited May 26, 2011 by Ed999