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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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There was leak from toilet upstair to ceiling of kitchen . I

Customer Question

there was leak from toilet upstair to ceiling of kitchen . I reported to the estate agency send maintainance contructor who inspected and said to me lino not fitted properly it is better to be tiled. when he reported to agency he said that because of inproper use and I used the toilet as wet room and I asked him it is better to tile the toilet ( which is completely wrong). therefore, the landlord asked to terminate the tenancy agreements.
when the agency wrote to me taht I will be liable for any damage happens. I wrote e-mail to the letting agency explaining what happen and explained also there was a problem in the toilet from the start as the lino was not fitted properly, I asked them to ask landlord to come and inspect by themself and make sure what is the real problem but they didnot come, therefore, I requested to send another maintainance contructor, he came and he reported that there is no leak or damage in the toilet and I am trying to get that report since he came (feb.2016) but I couldnot get it.
Any way I evacuated the house. in the tenancy agreements I need to do proffesional cleaning or washing carpets and curtains and... . I need to provide them with reciepts, but before 1 month of evacuation I receieved a call from letting agent telling me that the landlord asked not clean the carpets or curtains. although I did general cleaning and when handed over the house back to agency was in very good condition.
now the landlord wants to take money from my deposit for repair he did in the toilet and general cleaning , carpet and curtains cleaning.
I need advice what I need to do.
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.
How can I help with this please?
Customer: replied 6 months ago.
do the landlord has the right to deduct money for cleaning if he said clearly not to clean before I left the house?
and if the second maintainance contructor`s report contradict with the first one ( there was dishonesty in the first one) , can I refuse to pay money for repairing the toilet ?
Expert:  Jo C. replied 6 months ago.
It depends. It is not possible to say on this information.You are liable for any actual damage or disrepair whatever the landlord said or did not say.I'm not sure he can really deduct for a professional clean alone whether it is in the contract or not.
Expert:  Jo C. replied 6 months ago.
If the second report contradicts the first then you can refuse to pay but the landlord may sue. If he does it will be for the Judge to decide which report is preferred.Can I clarify anything for you?Jo

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