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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
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: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Was there an alternative heating system?
Customer: replied 10 months ago.
No, she offered a portable radiator for the lounge in place of the fire
Customer: replied 10 months 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 10 months ago.
When did the heating first stop working?When were you given a portable radiator?
Customer: replied 10 months 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 10 months ago.
Why was it not adequate? What was wrong with it?
Customer: replied 10 months 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 10 months 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 10 months 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 10 months 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 10 months 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 10 months ago.
That's all for now.Thank you!!!
Expert:  Jo C. replied 10 months ago.
No problem.All the best.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 10 months 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 10 months ago.
How many emails please?
Customer: replied 10 months 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 10 months ago.
I am sorry. That response was meant for another post. Is there going to be damage?
Customer: replied 10 months 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 10 months 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 10 months 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 10 months 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 10 months ago.
Thanks.Last question. What's the best way to start the disrepair claim?
Expert:  Jo C. replied 10 months ago.
Shouldn't you really be disputing the reduction first?You can bring a disrepair claim as well but first things first.
Customer: replied 10 months 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 10 months ago.
But your deposit should be in a scheme?

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