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Rental property deposit queries + sueing for damp?

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  • Rental property deposit queries + sueing for damp?

    I have a few queries regarding vacating a rental property recently.

    The letting agency informed us upon vacating the house that it was not in the same state that it was a few years ago upon moving in, and it is looking like they want to take all of the deposit, which is over £1000. They said the landlord had requested a builder whose name they provided was going to be looking at the property and reporting back how much money any repairs would cost.

    The photos presented in the inventory are all dark and dingy looking. Toilets that looked fairly normal to the human eye look like the toilet from the scene in trainspotting.
    First question is - if photos are edited to look dark, gritty and grimy, would that constitute something we could use to dismiss evidence?

    The landlord has sold the property a few weeks prior to us moving out. Given that he has sold the property to a new owner, is this standard practice that he is now requiring the deposit despite no longer owning the property? If the landlord does take our deposit for repairs, do we have a legal right to see evidence of these repairs and how much they cost, and if this evidence is not provided, what could we do about it?

    Lastly, there was a dripping leak under the sink, we think likely due to landlords bodge DIY installation job. We informed letting agency of this. Under the sink it was mouldy and wood was rotting. Took a long time to fix it, over a month. Son developed respiritory problems, previously fine. Doctor diagnosed asthma. I wondered if there was any path towards sueing due to leaking damp not being taken care of in a prompt fashion?
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  • #2
    Was the deposit held in a scheme? You will be asked to approve payment to the LL - say no and explain why. The standard of proof for LLs to keep the deposit if the tenant does not agree is high. The LL will have to provide proof of all his/her costs in order to retain any money.

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    • #3
      Yes, it was in a deposit scheme. The agent informed me the landlord is costing deductions and is withholding deposit currently.

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      • #4
        The LL cannot withhold deposit. He has to ask the scheme to release it to him. You have to agree. If you do not the LL has to prove to the scheme why it should be withheld (the burden of proof is high). Contact the scheme and check when you are going to be notified and tell them that you will not be agreeing any deductions. Was there a full inventory on moving in. If not the LL has little chance of any deductions.

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