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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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We recently moved out and our landlord is claiming

Resolved Question:

We recently moved out and our landlord is claiming deductions from our deposit for damage: Burnt mark on a carpet and scratch marks on an oak worktop. We agreed on the condition that he actually changes the carpet and worktop. However, his agent say the landlord is not required to change change the worktop or carpet. Is he required to change the items if he is going to take our money? Is he required to provide receipts for the work he is claiming against our deposit to do? We have asked for proof that he is going to use our deposit for the works he is claiming for. Do we have that right?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

Do you accept causing the damage?

Customer: replied 9 months ago.
which is why we agreed to pay £400 for carpet replacement and a portion for worktop replacement. However he says he is not required to make the replacements even if we pay for it.
Customer: replied 9 months ago.
he also says he is not required to provide receipts for anything he is claiming
Customer: replied 9 months ago.
In all we are offering £1070 our of £1800 of our deposit. He claimed for other minor items which we have agreed to. I am just concerned that we should not be paying if he is not going to use the money for that purpose - unless he is legally allowed to be compensated in any event.
Expert:  Jo C. replied 9 months ago.

He is right the extent that he doesn't have to have the work done. If he chooses not to replace the damaged goods then that is a matter for him.

He is also right that he has no duty to provide receipts but only because he doesn't have to do the work.

Compensation is just to cover any loss caused. If a person chooses not to spend that on a replacement then that is a choice they are free to make.

I'm afraid it is just plain wrong to suggest that you can denote what he spends the money on if indeed you accept causing the damage.

Can I clarify anything for you?

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience: Over 5 years in practice
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