To expect landlord to return deposit?

[tethersend]

Not really an AIBU, but more traffic here (have also posted in legal)...

My brother recently gave his notice and moved out of a rented flat due to the damp wall which the landlord refused to fix. The landlord claimed it was condensation, and gave my brother a factsheet on how to prevent it

The flat was on the top floor of a 5 storey block- we think the damp was more likely due to a leaking roof.

As the landlord refused to address the problem, my brother gave his notice and moved out. The problem now is that the landlord has said that he wants to withhold a large part of my brother's deposit, as the 'condensation' has damaged the flat , and my brother is responsible, as he didn't follow the advice on the factsheet (ie, keep heating on at all times and open windows).

AFAIK, the deposit should be held in the deposit protection scheme-Can the landlord cite this as a reason to withhold a deposit? Who arbitrates and ultimately decides?

Is my brother BU or is the landlord?

The deposit should be held in the Tenancy Deposit Scheme. It is illegal for it not to be if the tenancy started after April 2007. Failure to comply with this leads to the landlord being fined three times the value of the deposit. So if you brother alerts the TDS the landlord is in trouble.

Is there an inventory? Was there a proper check out? SWhat did the check out report say?

Was there a tumble drier? or did your brother dry clothes over the radiators? Were there in fact radiators or was it Economy 7 electric things?

The factsheet is worthless if the fabric of the flat is at fault.

And why was there a fact sheet? Er because the landlord was aware of an issue with the building.

I run a prop management company so can preach on this till I am blue in the face.

Answer the questions above and I will gladly keep offering advice spouting.

Hmm. That 'more traffic' assumption was a little premature I suppose

x-post, BigBadMummy!

Right:

Deposit is held by the tenancy deposit scheme

An inventory was done; damp/mildew not mentioned.

No tumble drier; radiators only.

I think you are spot on about the factsheet BigBadMummy. The fact that it exists speaks volumes.

Spout away

Should add that my brother took the flat in the summer, and there was no evidence of damp at all. I suspect it had been cleaned up immediately prior to viewings, and probably is again; the cost of this is probably what the landlord is trying to charge for.

You can get the council to inspect the dwelling to see if it is fit for human habitation. Renting a house when a student we had a problem with fungus, read, giant great mushrooms growing out of the kitchen floor! Landlady told us we were cleaning the floor too much! My housemate told the council and our landlady had to sort it out...

Anyway, as far as your brother's case goes. Was there an exit survey when your brother left? What I mean is - can your landlord prove that any damage was done before your brother left or is it possible that any water/damp damage occurred after your brother had vacated the premises?

Well condensation does happen, as you know.

But if is black that is not caused by condensation, that is mould caused by mildew.

Presumably your brother is out at work all day so is not in the flat boiling large vats of rice / potatoes and drying a mountain of towelling nappies on radiators?

Is there black in the back of any built in wardrobes?

Where is the "condensation" forming?

The fact it is at the top of a five storey building could also be relevant. Is it possible for your brother to see in any other flats?

The inventory clerk who does the check out should be impartial and will give your brother her honest opinion on what it is.

oh and forgot to say it is not down to your brother's landlord to start making deductions, he needs to refer it to the TDS.

THey will then decide on what is fair based on the inventory and the check out report. Nothing else.

So the landlord cannot touch that deposit without your brother's agreement.

The TDS will decide the result of any dispute between landlord and tennant.

Just want to know, if the black mildew is caused by condensation, is OP's brother still at fault? Surely, even if it's caused by condensation, you shouldn't have to keep heating on and window open all the time - that's ridiculous! If condensation causes a significant amount of mildew on a wall, surely there is a problem with the property?

That's a really good question, LittleRedDragon...