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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Regarding rental property deposit?

17 replies

PotatoPolly · 28/07/2014 17:50

Dh and I have just moved out of a property we have been renting for 3.5 years.

We had wooden windows throughout the flat, and despite heating, ventilating and wiping down the condensation, mould has developed in various patches around the flat. As part of the management service, our flat was inspected every 3 months and at each inspection we brought up the fact that the mould was worsening, despite us washing the affected areas and following the agents advice re ventilating etc. A couple of months ago, an electrician was aaked to give a quote for inserting an extractor fan in the kitchen, although the letting agent maintains that this was not linked to the mould.
Phone call from the letting agent just now, he tells me that they've had a quote to have the mould fixed, for the pricey sum of £375 which they want to deduct from the deposit. By the way, 'fixed' means having it scrubbed off and painted over...

I honestly don't think we could have done anymore to prevent the mould build up, other than replacing the windows!

Aibu to contest the withholding of this much of our deposit? WWYD?

OP posts:
Nomama · 28/07/2014 17:53

Contest it and have the deposit scheme sort it out.

MOTU · 28/07/2014 17:53

It's reasonable wear and tear, if you'd say back and allowed it to run rampant they might have a point but you didn't, you did all you could to allow them to manage the issue. Your deposit is safely protected so just dispute it and take it to te arbitrator-pretty sure they'll come down on your side.

Nomama · 28/07/2014 17:53

Oh, and contact the LL direct, He may be unaware that the agent is doing his. They may be charging him too!

NorwaySpruce · 28/07/2014 17:54

I'm not sure really.

In your situation (and I have been!) I'd have scrubbed it off, and painted over..

You might be able to get somewhere as you have a record of having mentioned it. Often if you contest the withholding of a deposit, the agents will give in.

PotatoPolly · 28/07/2014 18:04

Norway, in hindsight I should have done that, but we only decided to move out with around 13 days until the end of our tenancy. One month before the tenancy was due for renewal, we had asked the letting agent to speak to the landlady about an immediate break clause in our renewed tenancy, but because we hadn't heard back from them we didn't want to leave it too late to find somewhere else to live, especially with our 3month old baby!

OP posts:
SocialButterfly · 28/07/2014 18:34

Im a letting agent and I don't think thats right. Definitely contest it, they won't want it to go to arbitration as it will cost them.

specialsubject · 28/07/2014 18:46

contest right now.
contact landlord. Your contract is with him/her, not the agent.

BTW deposit deductions are proportionally reduced for wear and tear. So (for example) if the tenant damages a carpet, the landlord doesn't get a new carpet, just a contribution less normal wear and tear. So unless the carpet was brand new, they don't get much.

ditto for windows - if you had damaged them (and it doesn't sound like it) the deposit doesn't pay for new windows!

Justanothernumber · 28/07/2014 20:15

I had this issue with my last letting agent. They wanted £500. We took it to an appeal via the deposit scheme. Took 6 months, but we got the full lot back as it was not our fault.

PotatoPolly · 30/07/2014 09:04

Thanks for all your replies, letting agent says they are going to get another quote for the mould work as they think the original one is expensive.
I can't contact the landlady, all I know is her name and a few minor details thanks to the stuff she left under our bed Hmm.
Just a case of wait and see what he comes back with I guess.

OP posts:
Itsjustmeagain · 30/07/2014 09:10

This happened to us there was a leak in the roof which has caused damp (we reported it multiple times over the year) but when we moved out the landlord claimed it was because we hadn't opened the windows - nothing to do with the water gushing in from the roof then Hmm

FatherDickByrne · 30/07/2014 09:13

We had issues with mould & as soon as we flagged it up with the agent, we got a notice to quit. V v unfair as we'd ventilated etc plus it was an old basement flat with known damp issues. I brought in the council as our stuff had been damaged & the agent shouted at me on our doorstep. I had to chuck our mattress away as it was ruined. Gross & v upsetting. YANBU.

Shedding · 30/07/2014 09:23

This reply has been deleted

Message withdrawn at poster's request.

ViviPru · 30/07/2014 09:29

You CAN contact the landlady. Perform a land registry search with your postcode. It will tell you the current address of the owner of your property. It costs £3.

We found the contact details of our LLs this way prior to renting our home and bypassing the worse than useless EA saved us a LOT of grief and time wasting.

specialsubject · 30/07/2014 09:34

if the deposit isn't in a scheme you can sue the landlord for 3 times its value.

demand the landlord's contact details from the agents. It is your legal right. (yes, shock horror, tenants have rights, despite what you may read on here)

BTW any damage to your property is never down to the landlord, that's what tenant's insurance is for.

ChelsyHandy · 30/07/2014 09:48

By the way, 'fixed' means having it scrubbed off and painted over...

Why not just fix it yourself, thus saving £375? This is what I did when I was to be charged for repainting a room I had damaged due to leaving my bike propped up against the wall.

Depending on which part of the UK you live in, the deposit may not have needed to be protected as the scheme may not have been in place when your tenancy started.

PotatoPolly · 30/07/2014 09:48

We've got the information regarding the tds so I know where the money is held, and I know it's not being held by the LL.
Special, I could appreciate if there was damage as in broken windows etc, but we did our best to keep the mould at bay.
There's no way we'll be giving up our money without a fight!

OP posts:
Peekingduck · 30/07/2014 10:56

Get in touch with the TDS then, that's the way to fight.

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