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View Full Version : Deposit holdback: Can i request invoices for work done?



Big_yin
31-10-2009, 00:25 AM
Hi folks


Very quick , my landlady is wanting to keep money back from the deposit to fix a faulty cistern , which we were involved in the damage of (however huge back story as to why, whihc would make the post exhaustive).

I was produced 4 days prior to the 28 days grace she had to decide, a list of 2 things she wanted to replace , neither of these are disputed for the need to replace. However , the cost of the plumbing work and parts seems a little high for the repair job that was needed and i have requested , twice, to view the invoices for the plumbing work she has claimed to have had done. She has replied each time saying her "position is as stated initially" and does not want to go into "protracted discussions with me"

So .. can i rightfully request these invoices. I must add that i was not given warning that this work was to be done , but was told that it HAD been done.

any help would be grand , thank you !


Nick

mind the gap
31-10-2009, 09:08 AM
Yes you can ask to see the estimates/quotes she has obtained for the work. (It wouldn't be 'invoices', since invoices are bills issued after the work has been done).

In fact, as the tenant you have the right to organise the repair work yourself,as long as you get it done properly, i.e. restoring the equipment (toilet?) to the same condition it was in when you began your tenancy. She cannot insiste on her choice of tradesman being employed unless you make a bodge of it or do nothing to organise a repair and she feels her property is at risk of further damage unless it is repaired promptly (e.g it might flood).

However, your ref to 28 days' grace suggests you have moved out already and are trying to claim your deposit back - right? If so, and if she will not discuss the cost of the reapir with you, then raise a dispute with the depsoit protection scheme in which she has protected your deposit, and she will have to justify her estimate of the repair bill to their adjudicator.

Your deposit is in a scheme, I take it?

Big_yin
31-10-2009, 17:13 PM
Thanks for the quick reply !


(It wouldn't be 'invoices', since invoices are bills issued after the work has been done).

I maybe didnt make this quite so clear , but she hasn't sent us quotes she plans on getting- she sent us an email to say she had alrteady got the work done and the cost would be £120 , leaving us only £500 of our deposit back.

There is a long convaluted story about how the cistern got damaged , but to cut a long story short under instruction by her "handyman" brother we removed the cistern lid to send him a photo (his request) as the cistern wasn't working intially due to another problem. It was removed by my flatmate incorrectly and a bracket was broken, At the time we were unaware that we had damaged it , so when she came to fix the intial problem it was discovered , and her father spoke to me about it .

She now doesnt recall knowing about the subsequent damage - so is claiming this £120 off us .. we dont contest it needs to be fixed , but i am curious as to the price as i know the part is £50 and the labour in the area is not highly priced - so i have asked for copies of the invoices to check the details .


Thanks


Nick

mind the gap
31-10-2009, 18:34 PM
Thanks for the quick reply !



I maybe didnt make this quite so clear , but she hasn't sent us quotes she plans on getting- she sent us an email to say she had alrteady got the work done and the cost would be £120 , leaving us only £500 of our deposit back.

There is a long convaluted story about how the cistern got damaged , but to cut a long story short under instruction by her "handyman" brother we removed the cistern lid to send him a photo (his request) as the cistern wasn't working intially due to another problem. It was removed by my flatmate incorrectly and a bracket was broken, At the time we were unaware that we had damaged it , so when she came to fix the intial problem it was discovered , and her father spoke to me about it .

She now doesnt recall knowing about the subsequent damage - so is claiming this £120 off us .. we dont contest it needs to be fixed , but i am curious as to the price as i know the part is £50 and the labour in the area is not highly priced - so i have asked for copies of the invoices to check the details .


Thanks


Nick

Even if she has had the work done already and even if she did show you the invoice (no doubt cobbled together by her brother!), you could still dispute the amount the proposes to deduct from your deposit, if you think it is unreasonable. In the circumstances you have described I think she is being a bit cheeky really, as the damage would presumably not have happened if she had sent a handyman out to the cistern when you first reported the malfunction, instead of telling you to heave the thing around taking photos of it for her brother. It was not your responsibility to do that.

Anyway., assuming your deposit is safe in a scheme, dispute the £120. It seems excessive anyway, to me, for fixing a cistern bracket.

You didn't say whether deposit is protected or not?

fthl
01-11-2009, 16:58 PM
Reading that I thought that there was a problem, and also a problem with the bracket caused afterwards, and that the that parts were £50. If this is the case, and she wants 120 I'm not sure I'd dispute it. Plumbers generally cost around the 200 mark a day, so the amount she is seeking to claim, if there are two problems, seems reasonable to me.

mind the gap
01-11-2009, 17:17 PM
I agree it's a bit confusing as to who is responsible for what, but I still think that LL is on a sticky wicket wicket making Ts pay for accidental damage if they were told to remove cistern lid and take photos - it is not normally expected of Ts. OP does not say why the cistern didn't work in the first place, but again, normally that would be LL's responsibility anyway.

Big_yin
03-11-2009, 22:47 PM
if there are two problems, seems reasonable to me.

I wasn't terribly clear on that as i was trying to keep the post a bit shorter. The original Functional problem was fixed my my landladys father, so apart from having no outer flush buttons - having to use the exposed buttons without the lid- the toilet worked fine in a traditional sense .

The bracket - which holds the buttons to the height of the cistern lid - was broken accidentally under poor instruction by her brother as detailed ( after waiting over 6 weeks for a resolve).

If the bill shows that it cost £120 parts + labour i will be fine with it , but the fact she continues to avoid sending me evidence of the costs i find particularly annoying and somewhat insulting to my intellignece.

On the note of deposit schemes, my deposit is not in one , they are not commonly used in Scotland as far as i know , and i have never had any exposure to them.

Thanks for all your Input

N

Snorkerz
04-11-2009, 08:46 AM
On the note of deposit schemes, my deposit is not in one , they are not commonly used in Scotland as far as i know , and i have never had any exposure to them.

Okay, the principles of what you have been told are correct - BUT - this site is predominantly E&W tenancy matters, and the advice you have been given so far refers to E&W only. There are a few Scottish members so you might be lucky - maybe the Moderator can change your title to reflect it's Scottish bearing.

tom999
04-11-2009, 09:22 AM
On the note of deposit schemes, my deposit is not in one , they are not commonly used in Scotland as far as i know , and i have never had any exposure to them.Deposit protection is not required in Scotland (yet).

Ensure that your landlady is registered, by calling your local council. Failure for a landlady/landlord to be registered in Scotland is a criminal offence (unless they're exempt).

Was an inventory (written,photos) taken before you moved in?
Did inventory indicate condition of cistern as in 'fully working order' or similar, when you moved in?

theartfullodger
04-11-2009, 10:10 AM
In Scotland you'll ultimately have to take action through the Sheriff Court as a small claim... Maybe writing to LL with a draft of your claim (see form 1a here..
http://www.scotcourts.gov.uk/sheriff/small_claims/forms.asp
)
- will prompt LL to see sense??

Cheers!

Lodger