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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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I recently vacated a rental property and have requested full

Resolved Question:

I recently vacated a rental property and have requested full refund of the security deposit as the landlord inspection confirmed no damage and everything was satisfactory. During residency we used the services of a local gardener who has a history of working for the landlord at the address and at other premises the landlord owns. Although there was no requirement under the lease to use this gardener. I currently owe the gardener £340 for services he clams he delivered and although I have agreed this will be paid I expect to do so from the return of the £1550 bond. The landlord insists he will pay the gardener from the bond rather than allow me to do it which i will not agree to. The gardener is using a personal relationship to levy pressure on me to pay a bill through the landlord - is this legal and dependable in court?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was this an AST?
Customer: replied 1 year ago.
Yes it was
Customer: replied 1 year ago.
it ended on the 6th January and the property has been immediately re let.
Expert:  Jo C. replied 1 year ago.
Is your contract with the gardener within the AST?
Customer: replied 1 year ago.
No there is no contract or statement in the lease to use any gardener and in fact I have used others during our tenancy. The issue stems from the gardener being paid by the landlord from the rental income on previous occupiers , however in our case we were free to arrange this ourselves and had to pay additional for the maintenance of the garden. The lease states the garden should be maintained and the house left in a rent-able condition. The gardener also works for the landlord at his hotel and I have disputed other costs he has charged as he states he was asked by the landlord to complete work without my permission or agreement. I believe this costs is now being paid by the landlord as he wishes to keep the guy happy. hope that makes sense.
Expert:  Jo C. replied 1 year ago.
Thanks.
It depends what the contract does say on this point. Quite often it does have a clause allowing a landlord to claim if any ‘household bill’ is unpaid. That is designed to cover utilities and this isn’t really a utility so it would be arguable either way.
That said, if you paid it off immediately the issue would fall away.
If you can’t do that then you could complain to the scheme if he attempts to claims from the deposit. At the very least it would delay things and cause more problems for him than for you.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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