Tenancy deposit dispute opinions

Angst · 7 Aug 2015 at 12:13

I'm just looking for peoples opinions on where i might stand with this, basically the bathroom in my flat i rented started to get mold on the roof and walls over winter.
I reported this to the estate agent, they came out looked and it and said to make sure the window was open when using the shower(it already was) and to try wiping it off and thqt it would clear up in summer.
I did attempt to wipe it off but the bathroom was painting with chap emulsion and this just came straight off with a slightly damp cloth.

Basically now they are trying to blame me for this and charge me for repainting, i have disputed this saying that i reported it and followed their instructions and that it is not my fault that the room is poorly ventilated and also not properly painted. Where do you think i stand as they are adamant they will be taking money from my deposit.

An extra note a table was broken when i moved in a was told it would be fixed but it never was and now they are charging me for that damage aswell.

Jono · 7 Aug 2015 at 12:19

Do you have any of this in writing?

[FnG]magnolia · 7 Aug 2015 at 12:19

OP said:
Basically now they are trying to blame me for this and charge me for repainting, i have disputed this saying i reported it and followed there instructions and that it is not my fault the room is poorly ventilated and not properly painted. Where do you think i stand as they are adamant they will be taking money from my deposit.

What do you mean here exactly?

hughtrimble · 7 Aug 2015 at 12:20

Do you have your warnings to them about the mould and table in writing, along with their responses?

BuffetSlayer · 7 Aug 2015 at 12:23

Rule of thumb with letting agents is to get EVERYTHING in writing.

Unfortunately it seems you are stuck between a rock and a hard place. Unless you can produce written evidence of their advice on the bathroom, you can't prove they ever said it. As such any dispute will defer back to the physical evidence in the bathroom. IE it is left in a poorer state than when you moved in so you will be blamed.

Regarding the table - exactly the same thing. However, they should have done a pre-move in report which comprehensively listed any faulty or damaged items within the flat prior to you moving in. If the tabe is on that list - tell them to jog on. If it isn't - you should have made sure it was and unfortunately you will get the blame for the damage.

Letting agents / landlords are as bent as a 3 pound note and will do everything they can to get your deposit off you.

It would appear this time around you have been caught out. I would advise in future you get all dealings with the letting agent in writing and keep hassling them until they provide it. That will be your insurance.

Angst · 7 Aug 2015 at 12:25

[FnG]magnolia;28412606 said:
What do you mean here exactly?

I mean that they want to charge for repainting, i am disputing it because i reported the mold and followed their instructions to deal with it however the bathroom is poorly ventilated and water based paint was used not alloweing for me to lean the mold off as it took the paint with it.

Jono said:
Do you have any of this in writing?

hughtrimble said:
Do you have your warnings to them about the mould and table in writing, along with their responses?

Unfortunately i do not have this in writing although the estate agent has confirmed that this is in their records.

Angst · 7 Aug 2015 at 12:28

BuffetSlayer said:
Rule of thumb with letting agents is to get EVERYTHING in writing.

Unfortunately it seems you are stuck between a rock and a hard place. Unless you can produce written evidence of their advice on the bathroom, you can't prove they ever said it. As such any dispute will defer back to the physical evidence in the bathroom. IE it is left in a poorer state than when you moved in so you will be blamed.

Regarding the table - exactly the same thing. However, they should have done a pre-move in report which comprehensively listed any faulty or damaged items within the flat prior to you moving in. If the tabe is on that list - tell them to jog on. If it isn't - you should have made sure it was and unfortunately you will get the blame for the damage.

It would appear this time around you have been caught out. I would advise in future you get all dealings with the letting agent in writing and keep hassling them until they provide it. That will be your insurance.

i'm realising this now however unfortunately this was my first flat that wasnt student accomodation so i was naive. The table damage wasnt on the inventory but the estate agent apologised stated it would be fixed and i just said it was acceptable which i now realise was a mistake.
Letting agents / landlords are as bent as a 3 pound note and will do everything they can to get your deposit off you.

BuffetSlayer · 7 Aug 2015 at 12:30

Angst said:
i'm realising this now however unfortunately this was my first flat that wasnt student accomodation so i was naive. The table damage wasnt on the inventory but the estate agent apologised stated it would be fixed and i just said it was acceptable which i now realise was a mistake.
Letting agents / landlords are as bent as a 3 pound note and will do everything they can to get your deposit off you.

You mention above that they have it on their records that they advised you to clean the walls to help with mould. If they have it on their records hassle them for a copy of it in writing.

Angst · 7 Aug 2015 at 12:36

BuffetSlayer said:
You mention above that they have it on their records that they advised you to clean the walls to help with mould. If they have it on their records hassle them for a copy of it in writing.

I have emailed asking for copies of all records related to my tenancy including this thanks.

Twirlywoos · 7 Aug 2015 at 12:36

Tell them the lack of proper ventilation caused the problem, opening the window doesn't extract condensation. Do you have records of the conversations?

Angst · 7 Aug 2015 at 12:39

Twirlywoos said:
Tell them the lack of proper ventilation caused the problem, opening the window doesn't extract condensation. Do you have records of the conversations?

I have said this but they just deny it. I am trying to obtain there records but the conversation was had in person duing a visit by the estate agent.

hughtrimble · 7 Aug 2015 at 12:40

Angst said:
Unfortunately i do not have this in writing although the estate agent has confirmed that this is in their records.

Do you have it in writing that they said they have it in their records?

chanjy · 7 Aug 2015 at 12:41

Good luck OP, I can't really suggest anything more helpful that was has already been said but this is just another reminder of how terrible landlords can sometimes be

Angst · 7 Aug 2015 at 12:44

hughtrimble said:
Do you have it in writing that they said they have it in their records?

No again this was a conversation had in person a mistake i seem to of made a lot of times.

omnomnom · 7 Aug 2015 at 12:47

I'm assuming there isn't a vent in the bathroom....that would be why there's damp.

Is the deposit in a holding scheme ?

Wazz-1 · 7 Aug 2015 at 12:51

£10 cheap emulsion an hours work job done. Table? there is no table!!

Oh and poo through letterbox on way out.

skyripper · 7 Aug 2015 at 12:51

If you haven't yet handed back the keys, buy the cheapest tin of white paint and fix it? Damn sight cheaper than them getting a decorator in for half an hour.

Also is your deposit held by a deposit protection scheme? Its them you have to convince about your guilt/innocence, not the letting agent [or estate agent].

If its not, they could be in breach of the law anyhow (there are loopholes).

Angst · 7 Aug 2015 at 12:55

skyripper said:
If you haven't yet handed back the keys, buy the cheapest tin of white paint and fix it? Damn sight cheaper than them getting a decorator in for half an hour.

Also is your deposit held by a deposit protection scheme? Its them you have to convince about your guilt/innocence, not the letting agent [or estate agent].

If its not, they could be in breach of the law anyhow (there are loopholes).

It is with a dps yes and unfortunately i moved out last week. they dont even have to pay anyone to paint as the entire flat is painted by there son (poorly).

fendi · 7 Aug 2015 at 12:56

I would email them pointing out all of the events that have happened with your responses and theirs being highlighted. I'd also mention in the email that they confirmed to do this and do that which you did do. And that they have records on their system of your conversation which you have asked for. I'd then wait for their reply. If they don't deny anything that you have written i'd reply again. I'd then use it as evidence in a small claims court if they do end up charging you.

I'd mention the small claims route to them further down the line after getting them emails out of them confirming they knew about the problems, both bathroom and table. If you can word it right it shouldn't be too difficult to get what you need.

Angst · 7 Aug 2015 at 13:04

fendi said:
I would email them pointing out all of the events that have happened with your responses and theirs being highlighted. I'd also mention in the email that they confirmed to do this and do that which you did do. And that they have records on their system of your conversation which you have asked for. I'd then wait for their reply. If they don't deny anything that you have written i'd reply again. I'd then use it as evidence in a small claims court if they do end up charging you.

I'd mention the small claims route to them further down the line after getting them emails out of them confirming they knew about the problems, both bathroom and table. If you can word it right it shouldn't be too difficult to get what you need.

I have a response to an email that i sent saying that the painting wasnt my responsibillity because i reported it and the room is badly ventilated etc. In the response they dont deny what i have said they just keep on stating it will cost x amount to pay to have it repainted.