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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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We have just vacate a rental property. We left as the

Customer Question

Hi,
We have just vacate a rental property. We left as the fire wasnt working which we only found out about after we moved in. It wasnt in the contract and we were not informed about it. Also the boiler was faulty and it took 5 months to be fixed. We were only there for 6 months in total.
In the contract it did state we were supposed to use a specific cleaning company for post tenancy clean which we didn't and she wants £450 for this now as well as other deductions.
Can I make a legal claim for rental payments back due to the issues we had?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Was there an alternative heating system?
Customer: replied 1 year ago.
No, she offered a portable radiator for the lounge in place of the fire
Customer: replied 1 year ago.
Also the boiler would only work for a few hours after I had to manually repressurise it. I had to do this several times a day.
Expert:  Jo C. replied 1 year ago.
When did the heating first stop working?When were you given a portable radiator?
Customer: replied 1 year ago.
we reported the boiler issues on 26th November 2015 and it was fixed around 20th March 2016.The fire we reported on 10th November and we didn't even get a response on this until 27th November we when we offer a portable radiator. Please note this was a replacement for the fire not for the heating. The fire which we were not didn't work and it wasn't added in the contract it wouldn't be fixed was a proper fire fixed into the wall. If we had of known we wouldn't have moved in as a portable radiator is not an adequate replacement. We refused the radiator as it would be ugly in the room.I have all this correspondence saved on email.
Expert:  Jo C. replied 1 year ago.
Why was it not adequate? What was wrong with it?
Customer: replied 1 year ago.
It was only a replacement for the fire and not the boiler. Firstly one radiator for a 3 bedroom house is not adequate. Secondly it would be an eye sore from a decorative perspective. Thirdly there is a fire in the room that would be fine if it was fixed. They have a duty to tell us it was broken and would not be repaired so we could make a decision on moving in. Fourthly the room was quite small and there wasn't room to put it anywhere safely.
Expert:  Jo C. replied 1 year ago.
Yes, I understand that but it creates heat? There is suggestion it would not have heated the living room adequately?Some portable radiators are better than others.
Customer: replied 1 year ago.
OK that's fine but its ambiguous to say either way. I think the other points are valid still.And what about the boiler not working? It was winter and the entire house was cold when it switched off. And what about hot water?
Customer: replied 1 year ago.
Essentially I am looking for an angle where I can get come compensation for thi and tell the landlord.I want to be in a position to say i want my deposit back in full otherwise I will pursue her for the compensation. I appreciate i don't want to blackmail her.
Expert:  Jo C. replied 1 year ago.
Yes, there is a disrepair claim. If the water wasn't heated then that is the better point. Heating is always dubious. There is always a secondary form of heating of some kind. The absence of hot water though can't really be replaced with anything else and is clearly essential. That would lead to a reduction in rent if indeed it is right that you had no hot water and restricted heating. It is not going to be a full rent rebate but normally reductions of 25-50% for the affected months are considered. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
That's all for now.Thank you!!!
Expert:  Jo C. replied 1 year ago.
No problem.All the best.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi,Further to this case we vacated the property on 30th April It wasn't until 13th May that the landlord contacted us about the deposit stating they wanted to deduct £450 and some more funds for other damages. They have failed to let us know what these damages are and how much they want to deduct. Because it has been so long and the ambiguity of the what they want to take have they broken any law by this?Thanks
Expert:  Jo C. replied 1 year ago.
How many emails please?
Customer: replied 1 year ago.
We had a few about the cleaning cpany we used etc but directly relating to the return of the deposit just one on the 13th May, I pasted it below, it was from the letting agent:Dear Chantal & James,Thank you for your e-mail. I can confirm that your Landlord has advised that she is looking to propose deductions from your deposit. I am awaiting the final breakdown of deductions, but in the interim there is an issue with the cleaning!It state in your tenancy agreement that you would organise a clean through the Landlords own contractor. Unfortunately this has not been done, and your Landlord will be requesting that this cleaner attends as the cleaning company that you used were quite substandard, and even on their call back they only spent 10 minutes wiping a few side units.As the clean was agreed and signed within your agreement, the monies for the clean will be deducted from your deposit at a cost of £450. I would advise you to speak with the cleaning company you used and request a refund for their services as the carpets have not been cleaned, and the property has really not been cleaned well at all.I am awaiting confirmation of any other costs, and will come back to you ASAP. In the meantime, please can you advise which bank account you would like your deposit paid back into, and also advise of your forwarding address for our records.Kind regards
Expert:  Jo C. replied 1 year ago.
I am sorry. That response was meant for another post. Is there going to be damage?
Customer: replied 1 year ago.
She said she wants to deduct £450 to use a different cleaing company. Also she said there will be further dedcutions however to date she has failed to tell us what they are and how much they will be.
Customer: replied 1 year ago.
Hi Jo,I wondered if you can let me know when I can get a resposne please? I am keen to follow up with the Letting Agency.Thanks!!
Customer: replied 1 year ago.
Hi Jo,Not sure if there is an error in the system but i am getting emails stating this is closed. I did answer your question but not heard back?Thanks
Expert:  Jo C. replied 1 year ago.
The question seems to have closed in error.She isn't going to get £450 for a professional clean. It doesn't cost that much.You would only be liable if they could show there was some damage or disrepair. It is not a routine event or at least not at your expense.
Customer: replied 1 year ago.
Thanks.Last question. What's the best way to start the disrepair claim?
Expert:  Jo C. replied 1 year ago.
Shouldn't you really be disputing the reduction first?You can bring a disrepair claim as well but first things first.
Customer: replied 1 year ago.
Well yes but it seems the two are unrelated and the landlord has completely ignored my emails on the disrepair claim. Instead they just said there will be more deductions on top of the £450 and we will get them soon whoever that is?
Expert:  Jo C. replied 1 year ago.
But your deposit should be in a scheme?