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Landlady says that we need to repair / electric hob before moving out

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397 views 1 replies latest reply: 12 August 2015
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Tenant

Before they move out, My student daughters landlady is demanding that the Tenants repair or replace an old electric ring hob because one of the elements isn’t working. 

She is claiming that it fusing every time they have ever tried to use it, counts as damage. I feel that it has failed due to age. 

She is demanding that they tell their insurance company that they dropped something on it, which would be ridiculous as its just stopped working and additionally that would be fraud! 

Surely this is the Land lady’s responsibility  to repair it? 

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Administrator

Hi Melissa

If the tenants caused damage then they are liable to pay towards the cost. However, there’s a principle called ‘betterment’ which means a landlord can’t use the damage deposit to put themselves in a better position at the end of the tenancy than they were at the start. So, charging a tenant for a 10 year old cooker that has stopped working through age would go against that principle.

The best thing to do is – if the landlord tries to withold anything – to raise a dispute with the deposit protection scheme holding the deposit and let them decide. The deposit remains the tenant’s property until there is agreement – or a decision by the disputes resolution service at the deposit protection scheme – and the landlord has to prove the right to deduct any cash. 

Make sure you have photos that record the state of the cooker and the inventory too so that you can show the dispute resolution service it’s not new.

Alex

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