Marbles
20-09-2006, 15:32 PM
I am currently in the beginnings of a dispute with my landlord with regard to the return of a deposit.
He is refusing to return the whole deposit, saying he will withhold the majority of it to cover the cost of replacing a shower unit and repairing some water damage to one of the bathrooms.
This damage was caused six months prior to me leaving the property. A hairline crack developed in the floor of the shower basin, which lead to water leaking and causing damage to the surrounding area, which would necessitate a new basin, along with quite a bit of work to replace tiles and do work to the plasterboard and walls around the shower.
My landlord lives 200 miles away from the property and was very slow at arranging to get it fixed. A plumber was called in, who gave an estimate for the work (£1000). The landlord said this was too expensive and the plumber was not hired. By the time I left the property the shower was still not fixed and it is only getting done now, three weeks later.
I have a couple of questions.
1) Does the landlord have any right whatsoever to withold the deposit for this? (I would assume not)
2) How good would be my chances of getting the whole deposit back through the small claims court?
Discussions about the shower were all done by telephone so there is no paper trail as such. It seems to me that the landlord is merely trying to recoup the costs of not being able to immediately re-let the property (caused by his own acts) by taking the money from me.
He only informed me about this on the telephone last night, so I assume it would be a good idea for me to ask him to put it all down in writing.
He is refusing to return the whole deposit, saying he will withhold the majority of it to cover the cost of replacing a shower unit and repairing some water damage to one of the bathrooms.
This damage was caused six months prior to me leaving the property. A hairline crack developed in the floor of the shower basin, which lead to water leaking and causing damage to the surrounding area, which would necessitate a new basin, along with quite a bit of work to replace tiles and do work to the plasterboard and walls around the shower.
My landlord lives 200 miles away from the property and was very slow at arranging to get it fixed. A plumber was called in, who gave an estimate for the work (£1000). The landlord said this was too expensive and the plumber was not hired. By the time I left the property the shower was still not fixed and it is only getting done now, three weeks later.
I have a couple of questions.
1) Does the landlord have any right whatsoever to withold the deposit for this? (I would assume not)
2) How good would be my chances of getting the whole deposit back through the small claims court?
Discussions about the shower were all done by telephone so there is no paper trail as such. It seems to me that the landlord is merely trying to recoup the costs of not being able to immediately re-let the property (caused by his own acts) by taking the money from me.
He only informed me about this on the telephone last night, so I assume it would be a good idea for me to ask him to put it all down in writing.