LL withholding part of deposit

[elyobelyob]

The LL is charging me for a blockage in the bath ~ £100. The bath was slow to empty, and I had raised it to him five months ago. However, I still lived with it as it was not completely blocked. On moving out he has said it was my responsibility as the lease said I had to keep all drains clear.

As I had been there for three years, I find this unreasonable. The flat is in excellent condition, and this problem he only told me was my responsibility after I left.

The advice I have been given is this ..

"Under Clause 1 (b) of the Landlord & Tenant Act 1985 the Landlord has a statutory obligation for maintaining sanitation (including drains). Slow running drains caused over a period of time are not ‘damage’ and so cannot be considered to be the responsibility of the tenant, no matter what the tenancy agreement may state. I understand that you previously asked your landlord to attend to the drains but he failed to do so, putting him in breach of this duty."

The agent is now refunding me my deposit minus the amount, but I would like to appeal. Where and how would I do this (she mentioned TDS). Is it worth it?

I also have a claim as I surrendered the property early due to a number of entries by the landlord and agent despite me writing to them asking them to stop without the required permission.

Thanks

[Paul_f]

TDS doesn't come into it as it wasn't a requirement until April 2007. You will have to instigate court proceedings. You can do this via www.moneyclaim.gov.uk.

Write a letter to the landlord giving him 7 days to return the rest of your deposit or you will apply to the small claims court for reimbursement plus your costs. This often works, but you must do this as it is deemed to be a 'letter before action'.

[elyobelyob]

I was required to sign a new lease every year, therefore the last lease came under the TDS and my money was moved under it.

[Paul_f]

Okay then you should contact TDS and the agent and make your representations known.

[elyobelyob]

UPDATE: Just had a call from the agent. LL is willing to drop the charge if I drop the claim for a weeks rent back. I was looking for about £250 back, however the costs and process probably made this more of a threat. I also quite enjoyed passing the hassle he was giving me back to him.

I guess the sensible choice is to take my full deposit back and run.

[Paul_f]

Claim the amount which is rightfully yours.

[jeffrey]

Under Clause 1 (b) of the Landlord & Tenant Act 1985 the Landlord has a statutory obligation...
This is garbled information! It should read, "Under section 11(1)(b) of".

[elyobelyob]

The situation with my claim is that the property was entered twice when I was not there and had moved out. I don't have specific proof except from our conversations (he'd say things which implied he'd been in "bath still not draining") and some works being done.

To prove that he'd been in will be difficult, and if I was him I'd just say "No I didn't" and I wouldn't have much to go on.

We're both playing a game and I guess we are meeting in the middle and getting on with it.

I'm quietly watching the property to see how long it sits empty and watching his money fly away. Nearly two weeks now.