Mowgli
09-02-2010, 15:53 PM
I have been reading the advice on the forum as I have a dispute with my former LL over damage caused as we were moving out.
Moved in 23/04/06 signed a check in Inventory and Tenancy Agreement
LL issued his own 'Certificate of Deposit' on 28/09/07 after extending our tenancy agreement.
Moved out on 20/11/09 not asked to sign check out Inventory
My husband went back into the flat to clean it and collect some items. By accident he knocked a glass tea light holder out of the cupboard which smashed a hole through the toilet bowl rendering it unflushable. (Unless you want a puddle in the bathroom)
He immediately owned up to this and offered to get it replaced , and repaired (Standard new white loo from B&Q for around £100, plus installation by his friend who is a professional Decorator £100) LL insisted he would replace it himself, as we were in the middle of moving home we agreed trusting that he would do so as cheaply as possible (as that was our experience of him from the past 3years and 8months)
At some point after that, either by text or phone and LL said there was a chance he could claim for it on his insurance meaning we would only pay the excess on his insurance.
He text me on 02/12/09 saying 'the excess on the policy is £250 and it will have to come out of your bond' I replied 'that it might be cheaper not to claim and we will need to see all paperwork/ receipts'
Later that day he text to say ' Replacement loo is £310 add £115 fitting so I think we should claim'
I chased him a couple of times during early January, and he emailed me a couple of times after sending the email below on 20/12/09 to say he'd chased the insurance but no decision had been made.
'As requested, thanks for gathering your final bills for assessment and I look forward to seeing you soon to finalise your account.
Progression on the damaged loo is as follows:
It seems that the insurance co may well pay out but I have only just sent the claim off.
The costs are as follows:
Replacement unit £310.00
Fitting £175.00
The unit is as near to a direct replacement as I could get (Ideal Standard model M576) and the reason for the higher then hoped fitting costs are that the base unit was not an exact fit and so some floor re=-tiling was necessary. All paperwork is held here for your inspection. There is also tilework still to be done around the cistern itself but I am currently unable to give you a price as there are no workmen available until after Christmas.
Although I am not certain the Insurance Co will pay out, I am hopeful. As mentioned there is a policy excess of £250 and therefore my claim on you will be £310.00 add £175.00 = £485.00 less £250.00 excess = £235.00 add whatever it costs the make good the wall tiles as this is not covered by insurance, as previously mentioned.
There is an issue about the time it took for the work to be done as the flat was empty for 7 days (from 23rd Nov - 1st Dec while the new loo was fitted). While this was inconvenient to the incoming tenants, thankfully they still went ahead with the let wef 1.12.09. I naturally look to you for payment for the week that it was un-occupied due to the repairs necessitated by you. I think the cost of this is £144.23.
Please let me know when you have all the final bills and have time to
meet and discuss the details - we can arrange a date from there.
Please note that I am away from 2nd - 9th Jan but otherwise generally around.'
We feel that he is taking advantage of the fact that we are first time renters and he has our deposit. We have always paid our rent on time and looked after the flat. We are happy to pay reasonable cost for replacing the toilet, but feel its unfair that he is trying to charge us full price for a brand new toilet when the original toilet was over 13 years old. We also feel its unfair he is trying to charge us a whole weeks rent while the work on the loo was being carried out. Is he within his rights to do so?
He also wants to deduct £60 from our deposit for a dishwasher part which needed replacing. He had a brand new dishwasher installed which was replaced due to a problem under warranty.
Soon after the mechanism holding the lid for the rinse aid broke and was not covered by warranty. LL wanted to charge us £90 for the manufacturer to come and fit it, or £60 for the part and he would fit it for free. I explained I had always treated this with care and how many times would I have refilled the rinse aid in a new dishwasher? I suggested splitting the cost but he put the cost to us saying 'You broke it when using it. If we broke something in our home we'd have to pay to replace it'.
At the time we questioned if we should foot this payment. As he wouldn't budge I agreed to add £10 to our rent for 6 months. We had paid this for the 2 months of our tenancy so £40 outstanding. Was he in the right to make us pay for this?
Another question is that of the deposit. Our Tenancy agreement states that its £500 but his 'Certificate of Deposit' says its £550. When we disputed the amount LL said he checked with the Estate Agent and the amount is £500. I have no letter from any of the 3 government recognised schemes so I'm not sure if this is valid. I have emailed him to as which government approved scheme our deposit is with but have had no reply as yet. I will check my historical bank statements to see what payment was made to LL around the time we moved in.
LL left me a voicemail yesterday to say the insurance will not pay out for the damaged loo and it should come out of our bond. He said theoretically we will actually owe him money which he will waiver if its not a lot. He wanted to draw a final account so asked me to drop him an email as this is the easiest way for him to communicate. I thought it best to get some advice before proceeding. Your advice is appreciated.
Moved in 23/04/06 signed a check in Inventory and Tenancy Agreement
LL issued his own 'Certificate of Deposit' on 28/09/07 after extending our tenancy agreement.
Moved out on 20/11/09 not asked to sign check out Inventory
My husband went back into the flat to clean it and collect some items. By accident he knocked a glass tea light holder out of the cupboard which smashed a hole through the toilet bowl rendering it unflushable. (Unless you want a puddle in the bathroom)
He immediately owned up to this and offered to get it replaced , and repaired (Standard new white loo from B&Q for around £100, plus installation by his friend who is a professional Decorator £100) LL insisted he would replace it himself, as we were in the middle of moving home we agreed trusting that he would do so as cheaply as possible (as that was our experience of him from the past 3years and 8months)
At some point after that, either by text or phone and LL said there was a chance he could claim for it on his insurance meaning we would only pay the excess on his insurance.
He text me on 02/12/09 saying 'the excess on the policy is £250 and it will have to come out of your bond' I replied 'that it might be cheaper not to claim and we will need to see all paperwork/ receipts'
Later that day he text to say ' Replacement loo is £310 add £115 fitting so I think we should claim'
I chased him a couple of times during early January, and he emailed me a couple of times after sending the email below on 20/12/09 to say he'd chased the insurance but no decision had been made.
'As requested, thanks for gathering your final bills for assessment and I look forward to seeing you soon to finalise your account.
Progression on the damaged loo is as follows:
It seems that the insurance co may well pay out but I have only just sent the claim off.
The costs are as follows:
Replacement unit £310.00
Fitting £175.00
The unit is as near to a direct replacement as I could get (Ideal Standard model M576) and the reason for the higher then hoped fitting costs are that the base unit was not an exact fit and so some floor re=-tiling was necessary. All paperwork is held here for your inspection. There is also tilework still to be done around the cistern itself but I am currently unable to give you a price as there are no workmen available until after Christmas.
Although I am not certain the Insurance Co will pay out, I am hopeful. As mentioned there is a policy excess of £250 and therefore my claim on you will be £310.00 add £175.00 = £485.00 less £250.00 excess = £235.00 add whatever it costs the make good the wall tiles as this is not covered by insurance, as previously mentioned.
There is an issue about the time it took for the work to be done as the flat was empty for 7 days (from 23rd Nov - 1st Dec while the new loo was fitted). While this was inconvenient to the incoming tenants, thankfully they still went ahead with the let wef 1.12.09. I naturally look to you for payment for the week that it was un-occupied due to the repairs necessitated by you. I think the cost of this is £144.23.
Please let me know when you have all the final bills and have time to
meet and discuss the details - we can arrange a date from there.
Please note that I am away from 2nd - 9th Jan but otherwise generally around.'
We feel that he is taking advantage of the fact that we are first time renters and he has our deposit. We have always paid our rent on time and looked after the flat. We are happy to pay reasonable cost for replacing the toilet, but feel its unfair that he is trying to charge us full price for a brand new toilet when the original toilet was over 13 years old. We also feel its unfair he is trying to charge us a whole weeks rent while the work on the loo was being carried out. Is he within his rights to do so?
He also wants to deduct £60 from our deposit for a dishwasher part which needed replacing. He had a brand new dishwasher installed which was replaced due to a problem under warranty.
Soon after the mechanism holding the lid for the rinse aid broke and was not covered by warranty. LL wanted to charge us £90 for the manufacturer to come and fit it, or £60 for the part and he would fit it for free. I explained I had always treated this with care and how many times would I have refilled the rinse aid in a new dishwasher? I suggested splitting the cost but he put the cost to us saying 'You broke it when using it. If we broke something in our home we'd have to pay to replace it'.
At the time we questioned if we should foot this payment. As he wouldn't budge I agreed to add £10 to our rent for 6 months. We had paid this for the 2 months of our tenancy so £40 outstanding. Was he in the right to make us pay for this?
Another question is that of the deposit. Our Tenancy agreement states that its £500 but his 'Certificate of Deposit' says its £550. When we disputed the amount LL said he checked with the Estate Agent and the amount is £500. I have no letter from any of the 3 government recognised schemes so I'm not sure if this is valid. I have emailed him to as which government approved scheme our deposit is with but have had no reply as yet. I will check my historical bank statements to see what payment was made to LL around the time we moved in.
LL left me a voicemail yesterday to say the insurance will not pay out for the damaged loo and it should come out of our bond. He said theoretically we will actually owe him money which he will waiver if its not a lot. He wanted to draw a final account so asked me to drop him an email as this is the easiest way for him to communicate. I thought it best to get some advice before proceeding. Your advice is appreciated.