Landlords Consent???

[Sjm1981]

I have recently ended my tenancy and vacated the property.

My landlord has now text'd me to state that she will be keeping the £595 deposit due to damage and redecoration.

During my tenancy I did redecorate without my landlords direct permission. However, my questions are as follows:

1. All thought no initial permission was sought, my landlord had seen the property in its decorated condition a few times. I did not receive any letter asking for this to be returned to original condition both at the time or at the delivery of my notice to quit. Could this be construed at consent/permission by my landlord to redecorate?

2. There was no inventory at the commencement of my tenancy and my landlord has falsified documents. Without an inventory, does my landlord has grounds to deduct damages?

3. If you, as a tenant, were unaware of any problems of damage e.g. Loose tiles - can this be classified as a genuine claim for damages?

4. If the carpets were threadbare and the problem reported to the landlord- does she have a legal obligation to replace these especially when this problem caused continuous accidents?

5. Can my landlord charge me admin fees for obtaining quotes, sending letters and making phone calls to me? If so, how can I find out of these are reasonable.

6. What would be considered reasonable time scales offered by my landlord. She is making appointments within 48hours of the letters being posted and is not allowing time for them to be received by myself.

 

Any help is greatly appreciated - thank you .

Edited June 9, 2013 by Sjm1981
Words missing

[steampowered]

Was your deposit paid into a deposit protection scheme? If so, best to raise a dispute through that.

[raydetinu]

You need to claim deposit direct from scheme, the LL can then make a claim for what is fair, less wear and tear.

redec only if you caused damage, again carpets only if you caused damage ( wear and tear not included )

You can use ADR scheme to resolve any disputed amount or take LL to court.

Any amount not in dispute should be returned 14 days.

[Seraphesfahan]

It is bad that you did not seek landlord consent for changing the state of the property, however there may be a clause in the lease contract that allowed this. It seems like your landlord is digging herself a deep hole, though!! Falsifying documents, not making her disapproval clear immediately upon a chance of property condition, and you were not brought up to date with prior issues of the property. A landlord is obligated to redo a segment of the property if this segment is essential to the tenant's ability to live. For example, a stove, a fridge, heating, air conditioning, water. I wouldn't necessarily say that the carpet being threadbare is a cause for immediate repair, regardless of your statement that it caused accidents. However, checking the contract for repair circumstances is important to determine whether or not that is true.

 

As stated above, be sure to quickly start the process for raising a dispute, as time is important in this situation.

[slick132]

Hi SJM and welcome to CAG

 

I'll move this thread to the Lettings forum where it'll be seen by folk who deal with such matters on a regular basis.

 

Some of the answers to the dispute will be found in your tenancy agreement, which you need to go through carefully.

 

You must also find out if the deposit was held in a recognised scheme. You should have been made aware of this when, or shortly after, you paid the deposit. See here - https://www.google.com/url?q=https://www.gov.uk/tenancy-deposit-protection/overview&sa=U&ei=r1a2UZ--J8-IhQewvYD4CQ&ved=0CAcQFjAA&client=internal-uds-cse&usg=AFQjCNGd3A2SZ45UfmfQ4XUR_1mIr60oaA

 

[Steve__M]

My landlord has now text'd me to state that she will be keeping the £595 deposit due to damage and redecoration.

 

Was the deposit protected? If not that gives you leverage as you could threaten to claim in court for the deposit plus up to 3x the deposit as a penalty.

 

What was the condition of the decor when you moved in, and what decoration did you do? I don't think the LL necessarily has to object at the time - as you don't breach your obligation until you fail to return the property as it was. I suspect an important question would be whether the decoration is overly personal.

 

Has your LL given you a written statement of the amounts she is claiming. That would give you a starting point to object.

 

You can't just say "she falsified documents" without saying what documents she falsified and why.

 

Your point 6 wasn't very clear. Appointments and letters for what?

[Sjm1981]

Hi,

My deposit is in a scheme and I have notified them of the dispute.

 

My landlord has created an inventory from 9 days before my tenancy that isn't signed by either of us. In addition it is incorrect.

 

The admin charges my landlord has charged me are for letters, phone calls, obtaining quotes and making appointments. Are these legal?

[Sjm1981]

Also, I have never been given a copy of the AST. I have requested one from my LL

[Sjm1981]

The appointments were for electricians etc and the letters where we are corresponding with each other.

[raydetinu]

Suggest you send her a letter that you do accept any her deductions and will taking it to the SCC if you do not get deposit back in 14 days.

Take her to court and let a judge decide what is fair; she will have to prove her costs; and no letters and phone calls are not legitimate costs.