Being charged for damage I didn\’t do. | The Tenants' Voice
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Being charged for damage I didn't do.

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632 views 1 replies latest reply: 15 December 2015

I live in student accomodation. When I moved in there were several things wrong with the property included marks on the walls. Repair forms had to be filled in when I moved in to show any damage. As I was sorting out another problem I mentioned the marks on the walls and they said that they were already aware of them so I didn’t need to fill out the form. Now I have been told that I am being charged for a mark on the wall that was already there. When I confronted them about this they said that they were talking about different marks but this wasn’t specified when they told me to not fill out the form. What can I do?

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Hi K

Do you have in writing/email that they acknowledged the marks on the walls when you moved in?

If you have an assured shorthold tenancy with a deposit that is protected in a tenancy deposit scheme then you should raise a dispute with the scheme – this will require the landlord to prove that the marks were not there when you moved in, rather than the other way around.

You could also argue – depending on what the marks look like – that they are just wear and tear, rather than damage. The landlord can’t keep any of your deposit for wear and tear.

I’m not a lawyer but I’d probably start by going back to them in writing and asking them for proof that the marks were not there when you moved in. Remind them that the deposit remains legally yours until the landlord establishes a right to any of it or until you consent to deductions – and that the landlord will need to prove (as he/she would in a court) that the marks were attritbutable to you. If you have any way of proving that they told you not to fill out that form or any photos you took when you moved in then mention those also.


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