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Original poster

After rent landlord has issue

30 replies

Enko · 13/08/2021 21:35

We have just left a rental. there were 2 main issues 1 was a cistern lid had been broken (accident) In the downstairs toilet. we have searched high and low for somewhere to replace it but have not found an exact match.

another issue is a broken piece of carpet.

We have offered £500 to pay for the cistern lid and the carpet plus the few cosmetic paint pieces. there was.

The landlord has come back they claim the toilet (and sink - nothing wrong with sink) is a designer range and they want £4000 to replace it. She doesn't want to give back any of the deposit and wants to keep the 11 days worth of additional rent we have paid. (was paid monthly we overpaid the last month)

Now we are disputing. (deposit is in rent scheme) however, my husband is worried if the despute is settled can they then sue us? He feels they have taken legal advice.

OP posts:
TheRedHen2 · 13/08/2021 21:51

I'm a landlord and they cannot sue you - they can just ask you to pay from the deposit. If you disagree, it has to be decided by the deposit people. The landlord has to provide a lot of evidence. I would say worst case is you have to pay for a proportion of a new toilet. I doubt the deposit people will care if it's a "designer" range particularly if it's a few years old.

Don't give into their threats.

HalzTangz · 13/08/2021 22:12

I'm a landlord too an they can't sue you. DPS won't accept 4000 as a claim either. They will deduct cost of carpet and toilet though so expect that, but these will be replacements at a fair price. Landlord should also have insurance which she can claim on if she eats to put in a 4k suite (which I don't believe a landlord would put in in the firs place).
As for paint, unless it's big scratches or deliberate damage this should come under wear an tear

Original poster
Enko · 13/08/2021 22:28

Thank you.

The annoying thing is the toilet works ok just the broken cistern lid.
we feel £500 is fair as did the estate agent. (we found a replacement that we felt could work that was £200) then a further 300 for the carpet issue (1 step) and the small touches. We do not want to stitch her up we know we broke those two things. However, nor do we want to be stitched up ourselves.

One paint scratch is the size of a 50 (a piece of furniture caught as we carried down) but it could be fixed with a handyman in and had we had more time we would have done this. (very tight turn around as we struggled to find a new place to live)

I don't know if she has insurance I do know she struggled to take her emotions out of having made her house a business deal. I at one point received an email from her where she called it her home. So I don't think she can see it as a business.

OP posts:
Original poster
Enko · 13/08/2021 22:29

a 50 pence sorry.

OP posts:
Bakewellisntjustacake · 13/08/2021 22:32

You can't be sued after using the mediation in the deposit scheme. They'll laugh at her if she claims £4000

AvocadoPlant · 13/08/2021 22:42

Regarding the overpayment of rent, that should be refunded to you.

Regarding the other issues, the landlord can request the full deposit to cover the damages, and this will be considered by the Tenancy Deposit Scheme. They will rule on what they believe is a fair deduction taking into account reasonable west snd tear during the tenancy
However I believe the landlord could still sue you (probably through the small claims court) for the balance, but that doesn’t mean they would or that the court would find in their favour,
Generally it’s better to try snd find a mediated settlement if you can, but is hard when landlords are renting out their previous family home as they can find it difficult to be objective - as you’ve found!

Original poster
Enko · 13/08/2021 22:45

It is the small claims courts my husband is worried about

OP posts:
magicjo · 13/08/2021 23:13

I'm in a similar situation and when I've checked the contract it says something about if there is money due over and above deposit it should be paid within 14 days.

My landlord is claiming for all sorts of things - many of which I think are just wear and tear and end of tenancy cleaning.

Original poster
Enko · 13/08/2021 23:18

I think my husband is worried they wont agree to rental scheme mediation and go straight to small court.

we are not disputing it is broken as it did beak and we have tried really hard to find a workable replacement (not possible) however it is not a designer suite it is a copy of a designer (we found this out through a very knowledgeable person) I am fully on board with paying a fair price for it I don't want her out of pocket but I do not think 4K is anywhere near fair.. her sink is still fully working (as is toilet but obviously without a cistern lid)

OP posts:
20questions · 14/08/2021 01:05

I'm a landlord. Items like carpets in a rental are viewed as having a life span of around 7 years. The DPS can ask for receipts to prove how old the carpet is and will deduct proportionately. Not sure about what DPS view as lifespan of toilet but for such a ridiculous amount of £4000, the landlord may also be asked to provide receipts.
Your overpayment is nothing to do with the deposit and you should ensure the DPS is aware that (certainly in terms of rent), the LL owes you and it should be offset against any successful claim.

Sunflowergirl1 · 14/08/2021 06:54

@Enko "It is the small claims courts my husband is worried about"

I'm sorry but the advice that the landlord can't sue you isn't correct. They can but depends on a lot of things including what is in your contract and what they seek/agree via the rental deposits scheme. Ultimately they can't claim through the deposit scheme and sue you as well...is one or another

Ultimately yes it could end up in the small claims court which you should be fine representing yourselves. They will have to deem what is reasonable and what is proven and already compensated.

A claim for designer fittings might raise the judges eyebrows but that also depends on the house, where it is etc. For example, a let in the middle of student land with claimed designer fittings might be more challenging than a high end property in an expensive residential area. The landlord has to prove their claim on the balance of probabilities.

This might help

www.tenancydepositscheme.com/ask-tds-how-does-deposit-protection-work-if-i-am-claiming-more-than-the-tenants-deposit/

54321nought · 14/08/2021 07:14

I'm a home owner. I paid around £500 to have a cistern bought and fitted last year. I would expect to pay probably £500-£1000 to replace hall/stair carpet. In fact this has needed doing for many years, but I can't afford it.

I think your offer of £500 is way to low, but I expect you know this, is it just a bargaining position?

AvocadoPlant · 14/08/2021 08:54

I read the TDS info linked above to confirm that you can claim through the deposit and then claim separately for other items through the court, obviously you can’t claim for the full value (less wear & tear) of the same item both times.

FlowerArranger · 14/08/2021 09:01

Regarding the overpayment of rent, that should be refunded to you

This is inaccurate. If tenants leave early, before the notice has expired, that's their choice, unless there is a specific prior agreement with the landlord.

Ronnii · 14/08/2021 09:23

@54321nought

I'm a home owner. I paid around £500 to have a cistern bought and fitted last year. I would expect to pay probably £500-£1000 to replace hall/stair carpet. In fact this has needed doing for many years, but I can't afford it.

I think your offer of £500 is way to low, but I expect you know this, is it just a bargaining position?

It seems just one step of the carpet is damaged, so the landlord can not expect a full replacement of hall and stairs, only the proportion that is damaged.

As said before by others, carpets have a lifespan. Tenants are not expected to cover costs to improve landlords property to new condition

AvocadoPlant · 14/08/2021 09:25

Rent can only be charged up to the agreed end of tenancy date.
I read the original post to mean that op had paid more rent than was due based on agreed end of tenancy.

But agree with @FlowerArranger that if op left before the agreed date then rent will be due up to that date.

crazyguineapiglady · 14/08/2021 09:30

@54321nought

I'm a home owner. I paid around £500 to have a cistern bought and fitted last year. I would expect to pay probably £500-£1000 to replace hall/stair carpet. In fact this has needed doing for many years, but I can't afford it.

I think your offer of £500 is way to low, but I expect you know this, is it just a bargaining position?

A landlord can't charge a tenant to replace an old carpet with a brand new one. It's not the tenant's responsibility. If the carpet is a few years old then the landlord probably needs to replace it anyway.
Original poster
Enko · 14/08/2021 09:38

We didn't leave early we left on the day we had to due to us having been given notice. This was with 11 days left of our monthly payment date due to covid rules.

It is 1 step yes (bottom one) where there is a damaged piece of carpet.

The 500 we offered was suggested by the estate agent and considering we have found a cistern lid replacement that would work for their toilet (in grey white or black - there is black around the sink and white cupboards ) costing at a max 179 even if they got the grey one and a respray we felt 500 was reasonable.

Had she come back wanting 1000 we woild have likely said yes to get it done with but 4K seems crazy. The toilet is no longer stocked and during our search for a new lid we found a very knowledgeable guy who explained it is a copy of a specific toilet made by another company. So not sure if that can be claimed designer but judging the toilet I would suggest it was put in in the 90s (this is a complete guess but from bathroom fashions that is where I would suggest)

OP posts:
AvocadoPlant · 14/08/2021 09:41

Unfortunately it’s very difficult for any of us to know what the TDS are likely to say, I think generally it’s highly unlikely they would agree to a major deduction for a small repair needed to a carpet, similarly a new cistern lid should not be a massive expense.
But we don’t know the general standard of the carpets and fixtures in the property, if you’re living in a high-end property with gorgeous bespoke fittings and expensive carpets then the TDS would take a higher deduction than if it was a more modest family home with average carpets and fittings.
I think the fact the lettings agent feels your offer is reasonable is the most telling. They know the property and what TDS is likely to award.

Original poster
Enko · 14/08/2021 10:22

Town House in the SE middle-class suburbia. Not high end bespoke just an average house. I very much regret renting it for many reasons this just seems like yet another reason.

Estate agent outright said they are being unreasonable and considering this estate agent not being very "for" renters I think that is telling.

OP posts:
alittlebitlost12 · 14/08/2021 11:34

I've dealt with the TDS before, they typically side with the tenant, as long as you have tried to 'make good' all of the damages to the property.

I'd stand strong, offer the £500 which is more than reasonable and no more. if the offer is not accepted I would explain that you have tried to 'make good' and the. results the name and details for the TDS.

alittlebitlost12 · 14/08/2021 11:36

@alittlebitlost12

I've dealt with the TDS before, they typically side with the tenant, as long as you have tried to 'make good' all of the damages to the property.

I'd stand strong, offer the £500 which is more than reasonable and no more. if the offer is not accepted I would explain that you have tried to 'make good' and the. results the name and details for the TDS.

sorry, and then request the details of your TDS
alittlebitlost12 · 14/08/2021 11:37

My last landlord wanted £1200 from me, I offered £500, they declined, I took it to my TDS and they said £75 was a fair amount.

Original poster
Enko · 14/08/2021 11:49

I suspect our x landlord will go to small claims and not go via the rent deposit scheme.

new landlord experienced and so far seems lovely so less stress.

OP posts:
alittlebitlost12 · 14/08/2021 11:55

@Enko

I suspect our x landlord will go to small claims and not go via the rent deposit scheme.

new landlord experienced and so far seems lovely so less stress.

your landlord doesn't get the opportunity to by-pass the deposit scheme. They will make the first decision, if your landlord decides to appeal that then she could decide to follow up with a small claims court but only after paying back your deposit. She's unlikely to do so as the small claims court will likely side with the expertise of the TDS.