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Help Please

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343 views 2 replies latest reply: 23 January 2017
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Tenant

Hello,

I have had a private rental property for the last 3 years that I have recently moved out of.  I have left it clean and tidy, although there have been numerous problems with the property that have not been reported.  The main 2 being an oven door that will not shut properly so cooking food was nopossible and no running water in the downstairs bathroom.  I was prepared to let these things go, but the agent is now trying to withhold some of our deposit for trivial things.  So to be perfectly honest I want to make a point now.  I did not clean the oven as it cannot be used, however they want to deduct this.  I have been going backwards and forwards to them, but not getting very far.  I am now just tempted to say, take the money from the deposit you need  and I will put in an independent complaint about he other issues.  Surely an oven that cannot be used is not acceptable and no water in the downstairs bathroom is a health and safety issue.  I have had an email back from the letting agent today to say the grill still works, and we have an upstairs toliet aswell.  I pointed out that I payed my rent to use the whole house not just part of it!  Any advice would be welcome.  Many thanks.  Mark 

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Tenant

What you are saying isn’t wrong however you should of reported the oven issue and the water issue when they occurred  by phone and email so you had a record and not left them because unfortunately they do have the right to with hold some of your deposit if you leave these things broken regardless of fault, they didn’t know they had broken because you never told them and so they are not responsible you are.

If you had reported them and they didn’t get fixed well that’s a different story.

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Tenant

Yup, you seem to not understand some of your own responsibilities as a tenant. 

The landlord is responsible for repairing and maintaining everything in the property (that was not broken by you). However, you’re first responsible for reporting all damage and malfunction to them. 

It is not a matter of you letting it go, you HAVE to report it and then you may choose not to chase the landlord for a fix, if you don’t care. You did not report the damage and not only you will fail when you try to file an independent complaint, the landlord could have pinned this damage on you and you’d probably end up paying.

In your case, it’s best to negotiate and minimise the deductions to as far low as the landlord is willing to go and then move on peacefully. You’re really not in any position to demand things.

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