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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 775
Experience:  Solicitor with over 15 years experience.
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My tenancy agreement states " the Tebant shall ensure that

Resolved Question:

My tenancy agreement states " the Tebant shall ensure that the property is adequately ventilated to prevent damage from cindensation by opening windows as necessary, not covering or blocking air vents and not hanging out washing to dry inside the property".

I have recently given my landlord notice to quit by exercising the brake clause in my tenancy agreement. This is my second one year lease in the same property. Been here a total of 20 months.

He came to inspect the property in May last year and was very satisfied with the state of the property. He even thanked me.

My landlord sent his builder round last week to fix a leak in the bathroom which i suspected and reported immediately. The builder came last Tuesday to asses the problem, Friday to fix it and yesterday Monday to test that the leak had been repaired.

I then get an email last night from the landlord to the letting agent copying me saying that his builder informed him that the bathroom extractor vents were, and i quote " dusty and very blocked up" and that " the contract says that bathroom vents should be regularly cleaned to provide adequate ventilation and therefore paint has peeled off the walls"

He also said that some spare carpet was left behind in the flat before i moved in which are now I quote again " no where to be found".

Her builder had asked me if there was any spare carpet in the flat as he needed to replace a tiny bit which was damaged by the water leak. I told him I never saw any spare carpet anywhere in the house when i moved in.

Paint has indeed peeled off the walls in 3 tiny sections in the bathroom. More like the paint has bubbles in it.

I do keep the bathroom very ventilated and i always shower with the window open. The extractor was dusty but not "blocked up".

This just looks like an attempt to make me loose some of my deposit in my opinion. The issue with the carpet is so ridiculous! He claims it was left over carpet from when the carpets were replaced before I viewed the property! An inventory was done the day i got the keys no such item was seen in the flat or listed in the inventory list.

How do i deal with this so i dont loose my deposit?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience I will try to help you with this. Is your deposit held in a deposit protection scheme and if so which one?


Thank you. Yes my deposit is held in a deposit scheme. Its held with TDS ( Tenancy Deposit Scheme)

LondonlawyerJ :


LondonlawyerJ :

Thankyou for that. I will be at court for some time for this morning but will answer you either later today or in the afternoon. I hope that is OK.

LondonlawyerJ :


You are planning to leave your tenancy and your deposit is clearly at risk. Fortunately for you your deposit is held in the tenancy deposit scheme which means that if there is a dispute at the end of the tenancy it can be dealt with through the alternative dispute resolution scheme. this link will take you the website dealing with this.

As to the merits of his claims:

(i) The carpet. If there was a thorough inventory at the outset and it is not included then that is very helpful. Also you are renting your home as a dwelling and not as a t=store room for your landlord. He has no right to cli this money from your deposit.


(ii) The extractor fan. Is there in fact a clause in your tenancy agreement to the effect claimed by your landlord. ie " the contract says that bathroom vents should be regularly cleaned to provide adequate ventilation…” It would be a novel condition and appears to contradict the clause you refer to. Let me know if that clause is there. You cannot possibly be expected to clean the inside of the fan so we are at worst talking about dusting the cover of the thing. I doubt very much that he can prove that dust on the fan has caused the peeling/bubbles. In order to get some of your deposit money he will need to prove on the balance of probabilities that this is the case. You can certainly argue that it is simply down to wear and tear over 20 months.


It does look like these are groundless claims by your landlord who is hoping to cheat you out of some of your deposit.


Hello, thank you for your reply. I have again gone through my tenancy agreement and the clause he claims is in the agreement is clearly not there. The one in there is the one I quoted in my initial enquiry. So i will wait and speak to the agent on Thursday as the agent dealing with this is off till Thursday. Meanwhile shall I reply to the Landlord in a polite manner for now?

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 775
Experience: Solicitor with over 15 years experience.
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