Deduction from my deposit. | The Tenants' Voice
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Deduction from my deposit.

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209 views 1 replies latest reply: 10 July 2017
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Tenant

Hi, I have just moved out of a flat that I rented for over 4 months. In the first two months (February and March) our boiler broke. This was during the cold period when the temperature sometimes dropped to below -1.  They only sent an engineer after a month had passed with no heating or hot water, in the meantime sending our agent to to up the pressure of the boiler (a temporary fix) that would decrease again after about 3 hours. It was freezing at the time and we all got colds. I often stayed at friends houses to avoid being so cold. They then even said that there was no problem as we simply had to keep topping it up. The tap to top up the pressure was in a tiny cupboard under the sink and as the smallest flatmate I had to constantly go into the cupboard and turn the tap, which I didnt feel safe doing, I am not a plumber.  In the same month we also discovered that we had mice in the flat which they didnt seem to think of as a problem either, only sending mouse traps.  Me and the other two tenants agreed that a deduction of a weeks rent from our monthly rent would be appropriate which the management denied whilst we were still waiting for the problem to be fixed. We paid our months rent minus a week and that was that.  I moved out a week ago and the deposit has just come through but they have deducted the weeks rent from my deposit without warning or negotiation.  I asked my agent twice that my deposit will be £736 and he said yes (i have screenshots) however only £542 has come through. 

I dont know what to do about this.  

Thank you in advance

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Tenant

You cannot do anything. 

Deducting rent simply by your own choosing is not appropriate and you’ve broken the terms of the agreement by not paying in full. The agent will still deduct, even if you go to the scheme and open the case for review.

Tenants cannot withhold rent – not without risking their deposit or an eviction notice. 

The treatment by the agent and the lack of repairs was a problem for sure. You should have phoned the local council and requested a health and safety inspection to validate lack of heating and hot water AND presence of pests. 

Then, the landlord / agent would have been served with a mandatory improvement notice to fix these issues. 

Right now you have nothing, and no way to get your rent back. 

Here is a guide to help you out in the future – http://www.thetenantsvoice.co.uk/letter-templates/request-repairs-heating-and-hot-water

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