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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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Good morning, I am writing in regards XXXXX XXXXX problems and

Resolved Question:

Good morning,

I am writing in regards XXXXX XXXXX problems and concerns about my previous landlord. Mine and my coo tenants contract ended on 1st of March. The agency and landlord checked the property after we moved out, made some small deductions from our deposit (such as cleaning for windows, redecorate the wall which was damaged by mould, tidying up the garden). Even if we did not agreed with the further reductions we let it go and paid for the "damages" the landlord asked for. We thought everything is over, but now, recently we have received a letter from an agency saying: we are writing to you regarding your recent tenancy a the above address. It has become to our attention that the drain serving the above address was blocked during your tenancy. We have had the offending drain cleared and enclose the engineer's bill for your information. The engineer feels the blocked drain was caused by contamination of grease/fat. In the above circumstances we are advised by your past landlord to recover the amount of 110 pounds.

My question would be, first of all: can they require to pay after any damages when the deposit was paid back and few months passed already? What kind of proof I can ask for to believe that what they are saying is right? Even that we did not have any problems during the period when we were renting the house.

All in all it might sound not a big sum of the money what they are asking for, but this time it seems that previous landlord wants to take an advantage from us as we never fight back for anything with them and agreed with "silly" deposit deductions which in my opinion could be rejected.

I am looking forward to hear from you soon.

Many thanks,
Raimonda B
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What type of contract is this please?

Customer: replied 2 years ago.

I feel it would be fixed term contract for 12 months .


 

Customer: replied 2 years ago.

It would be fixed term contract for 12 months.

Expert:  Jo C. replied 2 years ago.
Was it entitled assured shorthold tenancy agreement?
Customer: replied 2 years ago.

Yes.


 

Expert:  Jo C. replied 2 years ago.
Was your deposit protected in a scheme?
Customer: replied 2 years ago.

Yes. It was.

Customer: replied 2 years ago.

Yes it was.

Expert:  Jo C. replied 2 years ago.
Thank you.

On your substantive points, the short answer is that they can do this in legal theory. The fact that they have returns the deposit to you does not bring an end to all claims against you.

That does not mean that you should pay. It just means that they could sue you if there is a case.

The fact that the property was inspected and this specific issue was not found does not really assist much here. A blocked drain is the type of thing that would not be inspected during checkout and also would not be visible to an inventory clerk.

That said, they are going to have to prove that it was blocked during your tenancy. I don't know whether they are in a position to do that. It might be that the engineer can comment upon the issue of when this was likely to have been caused. If he cannot then they cannot just recover from you because it was discovered a short time after you left.

Also, the landlord and his agents would have to sue you for this sum now and it's not really worth the manpower so it might be that they just abandon it.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
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