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Landlord withholding references until tenant agrees 'damages' -- is this legal?

6 replies

Estan · 21/07/2020 13:52

A friend is looking to move house. Due to move this weekend. But, since the landlord has refused to give him a reference until he agrees unreasonable damages. What she calls damages are arguable wear and tear. Can a Landlord legally do this? Where can my friend find legal advice?

OP posts:
FatherBrownsBicycle · 21/07/2020 14:31

Maybe post in the legal topic
www.mumsnet.com/Talk/legal_matters
but what sort of wear and tear is the landlord arguing is damage?
Some info here

england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_deductions_your_landlord_can_make

england.shelter.org.uk/housing_advice/repairs/damage_or_wear_and_tear

www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/getting-your-tenancy-deposit-back/

“Money your landlord might take from your deposit

You might not get the full amount of your deposit back if, for example:

you owe rent
you've damaged the property - this could be something like a spill on the carpet or a mark on the wall where you've hung a picture
you've lost or broken some items from the inventory, like some cutlery or mugs”

mencken · 21/07/2020 14:50

I think this is called blackmail.... any such dispute needs to go to deposit scheme concerned.

friend needs to advise next landlord of what is happening. Most sensible landlords don't worry about previous landlord references, there are plenty of other ways to vet tenants.

Estan · 21/07/2020 17:19

Some of the points are fair (slats on shutters broken), some are not (stains on ceiling resulting from leaking bath landlord declined to repair), and some are just plain ridiculous (asking what happened to light fixture in the living room she refused to provide after estate agent had told friend prior to move in she would provide). But, in my opinion, what is really poor form, is that the Landlord is demanding agreement and payment before the checkout report is issued. Friend hasn't even left the house yet. Surely this should all be discussed at the same time... after move out.

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OneForMeToo · 21/07/2020 17:24

Until she’s left and the final walk though done she can fix/replace any items the landlord has issue with anyway.

Does she have proof of the landlord basically saying do this or else no reference as if so I’d show the new landlord exactly what the current one is upto.

Also depending on how long she lived there depends on how much wear and tear. 1 year not a lot but 10+ years and well most things would be expecting to be replaced and completely redecorated anyway since the majority of landlord put in cheap carpets etc. If you have proof of reporting the leak that covered the ceiling damage (we have the same in fact it ruined the floor too!)

NotDavidTennant · 21/07/2020 17:30

That landlord is behaving shittily, but they can't legally be forced to write a reference if they don't want to.

mencken · 21/07/2020 19:07

really, don't worry about the reference.

to get deductions from the deposit the landlord needs to prove damages. Which means comparing a signed photographed inventory from move-in with similar on move out. If the landlord won't issue the checkout report, the process isn't there and all your friend needs do is raise a dispute with the deposit company to get HER money back.

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