Who's responsibility?

[Lance82]

Hello

This is my first posting here.

I wonder if you could help? Having moved out of a rented property on the 11th July we have been chasing our deposit with the help of the letting agents. We had an inventory done before moving in and one done on moving out, nothing was picked up during the check out byt the inventory clerk.

This morning we received a call from the landlord saying that he was withholding our deposit due to a window not working properly. Basically it is a 15 ish year old sash and case window, the bottom half of which now wont hold itself open – the mechanism is within the window frame so there is no way we could have damaged it.

It is my understanding that the landlord in responsible for all things which relate to the structure and exterior of the building, including windows.

Before speaking to him again I wanted to try and clarify my position.

Many thanks in advance.

[MrShed]

That is the landlords responsibility, UNLESS he can show that the damage was due to your negligence.

[Lance82]

Hi Mr Shed,

Thanks for your response. The situation has changed after following the estate agents advice I offered the Landlord £40 (worked out as a third of what he requested), however this was conditional on the understanding that this was by no means addition of liability for the failure of the window mechanism. I also said that if this was not accepted I would like to go to arbitration.

The Landlords response was NO and that he would not negotiate further on the £120, in fact he stated (in an email via estate agents) that if we went to arbitration he would be requesting money in addition to the £120 for further damages he had overlooked because we were good tenants. I felt this was a somewhat threatening response.

I should mention at this point that we had an independent inventory taken at check in and check out. The window and additional damages claimed by the landlord are NOT noted anywhere within the check out, in fact only very minor wear and tear was noted.

This being the case I have requested we go straight to arbitration, I believe the estate agent is contacting the landlord now to inform him.

My questions are:

• How does this all work?
• What do I need to do?
• Do you think this is the correct course of action to take?
• Do you think arbitration may side with the landlord?
• Does the amount in question (currently £120) get sent to the arbitrators and the remaining deposit returned to us?

Many thanks once again.

[heartopp]

Originally Posted by Lance82

Hello

This is my first posting here.

I wonder if you could help? Having moved out of a rented property on the 11th July we have been chasing our deposit with the help of the letting agents. We had an inventory done before moving in and one done on moving out, nothing was picked up during the check out byt the inventory clerk.

This morning we received a call from the landlord saying that he was withholding our deposit due to a window not working properly. Basically it is a 15 ish year old sash and case window, the bottom half of which now wont hold itself open – the mechanism is within the window frame so there is no way we could have damaged it.

It is my understanding that the landlord in responsible for all things which relate to the structure and exterior of the building, including windows.

Before speaking to him again I wanted to try and clarify my position.

Many thanks in advance.

When did you move in? was the deposit places into a TDS?

[Lance82]

Hi,

We moved in during August 2007 and left July 2008 with full agreement from the Landlord.

The deposit is definitely with a deposit scheme, ICE will be the arbitrator according to the lease.

[MrShed]

Originally Posted by Lance82

Hi Mr Shed,

Thanks for your response. The situation has changed after following the estate agents advice I offered the Landlord £40 (worked out as a third of what he requested), however this was conditional on the understanding that this was by no means addition of liability for the failure of the window mechanism. I also said that if this was not accepted I would like to go to arbitration.

The Landlords response was NO and that he would not negotiate further on the £120, in fact he stated (in an email via estate agents) that if we went to arbitration he would be requesting money in addition to the £120 for further damages he had overlooked because we were good tenants. I felt this was a somewhat threatening response.

I should mention at this point that we had an independent inventory taken at check in and check out. The window and additional damages claimed by the landlord are NOT noted anywhere within the check out, in fact only very minor wear and tear was noted.

This being the case I have requested we go straight to arbitration, I believe the estate agent is contacting the landlord now to inform him.

My questions are:

• How does this all work?
• What do I need to do?
• Do you think this is the correct course of action to take?
• Do you think arbitration may side with the landlord?
• Does the amount in question (currently £120) get sent to the arbitrators and the remaining deposit returned to us?

Many thanks once again.

Arbitration siding with the landlord: only you can answer that really - we cannot see the damage or see the check in inventory for the base condition. If you are confident that you have not damaged this window yourself, then arbitration SHOULDNT side with the landlord - but there is always the possibility.

My only concern is that from what you are saying, this is one of the few landlords who has done EVERYTHING by the book. When that is the case, you have to wonder whether he will almost certainly produce sufficient evidence to enforce the charge. Irrespective, I think you are doing the right thing by taking to arbitration, especially if the check out inventory shows no other damages. I would hesitate at going as far as small claims court however for the amount of money it is.

[Lance82]

As mentioned yesterday the estate agency informed my landlord that I was happy to take this matter to arbitration. It was put to the landlord that the inventory on check out recorded no damage and that a window mechanism is maintenance.

In the face of this pressure he has backed down and has agreed in writing to release our deposit!

Many thanks for all your advice, I think this is a successfully example of calling someone's bluff.

I wish the rest of you with issues like mine the best of luck and if your confident you are in the right don't back down.

Lance

[MrShed]

Excellent result