From: Gomiboy
Sent: Thursday, February 14, 2008 11:08 AM
To: ‘<Landlord>’
Subject: RE: Deposit
<Landlord>,
You did not have to pay for the upkeep of the interior of the flat, is my point. Or are you now claiming that there were additional maintenance costs that you absorbed that I was liable for? You had two different tenants, me and <previous tenant>; you had to pay nothing when I moved in for either cleaning or repairs, and even when I asked for repairs to be performed you only had to pay the minimum for them (i.e. repairing the tile in the bathroom). Yet you’re now claiming I am liable for costs when I moved out?
I want to sort this amicably, but I am not, nor is any other tenant, liable for normal wear and tear. That is the landlord’s responsibility, according to the tenancy agreement we both originally signed as well as the Citizen’s Advice Bureau. If you look into the new deposit scheme set up by the government in 2007, you will see that this is true there as well, and the independent advisor will confirm this.
Kind Regards,
Gomiboy
From: <Landlord>
Sent: Thursday, February 14, 2008 11:01 AM
To: Gomiboy
Subject: RE: Deposit
I did not pay nothing in upkeep. Before you make such claims you need to get your facts right.
Regards
<Landlord>
Chief Executive Officer
From: Gomiboy [mailto:<email>]
Sent: 14 February 2008 10:57
To: <Landlord>
Subject: RE: Deposit
<Landlord>,
You are incorrect – the deposit is not to return the flat to a set level; the deposit is never intended to do anything other than cover arrears in rent and repairs due to negligence of the tenant. Wear and tear is expected, and the tenant is not liable for it. According to the Citizen’s Advice Bureau, (http://www.adviceguide.org.uk/index/family_parent/housing/common_problems_with_tenancies.htm):
Wear and tear
Over a period of time, most household furniture and contents deteriorate as a result of normal use, for example, floor coverings will become worn. This is known as ‘wear and tear’, and you would not be responsible for replacing these items.
If the extent of the wear and tear means that it causes a hazard, for example, springs in an armchair begin to stick through the upholstery, your landlord should repair or replace such items.
If your landlord has supplied an appliance such as a cooker or a washing machine that was working as the beginning of the tenancy, they have a responsibility to repair or replace it if it breaks down, unless this is the result of your negligence
Or are you claiming that I was negligent? You had 4-5 years of tenancy from 2 different tenants and paid nothing in upkeep. Transferring this cost to me as your tenant is both unfair and illegal.
Kind Regards,
Gomiboy
From: <Landlord>
Sent: Thursday, February 14, 2008 10:30 AM
To: Gomiboy
Cc: <estate agent> Said
Subject: RE: Deposit
Cullen I will ask <estate agent> for the itemised bill. The reason for the deposit is so that the flat after a tenant leaves can be brought back to the level when he entered it. I absolutely dispute that you left the flat the way it was when you occupied it. It was wear and tear and damages caused by your usage of it. The bills were much more than the 400.00 of the deposit that we had.
I think you had a very fair deal with me Cullen and I have never tried to be clever with you or unfair to you. I find it astonishing that you think 400 quid is too much after 2 ½ years of usage.
regards
<Landlord>
Chief Executive Officer
From: Gomiboy [mailto:<email>]
Sent: 14 February 2008 10:12
To: <Landlord>
Subject: RE: Deposit
<Landlord>,
It sounds to me as if you’re expecting me to pay for routine wear and tear on the flat; I think it’s wrong for you to assume you can rent out a flat and not have to pay anything to maintain it. That’s why I feel hard done by - you had almost no expenses in maintaining the flat whilst I was there for the last 2.5 years; I think the only time anything was done was when tiles were literally falling off the wall in the bathroom, some small holes were (badly) painted over by your Polish workers, and the washing machine was replaced (by me!) – everything else I did. You certainly didn’t have to pay for any cleaning or repairs when I moved in, so it seems to me that it’s more like 4-5 years where you had to pay nothing to maintain this flat. This sounds to me like you’re insisting I pay for the wear and tear, which is clearly illegal. Also, if the cleaning bill was more than 50 pounds, you were ripped off – I had a cleaning lady coming into the flat once a week, and I personally spent several hours cleaning the flat before I moved out.
In other words, I feel hard done by, as you say, because it seems to me I am being asked to front costs for improvements to the flat – I’ve seen the photos on <estate agent>’s website, and the flat has clearly been painted in the lounge and bedrooms, the carpets have been replaced, and the dishwasher has NOT been replaced; I flatly deny that I caused the damage <estate agent> says I did, and I also flatly deny that the flat was in such a state of filth that it required hundreds of pounds to clean it. It’s simply not true.
I’m bringing this to you, because we had a working relationship and a contract between the two of us and not involving <estate agent>. I am hoping we can resolve this amicably, but I will not simply let this money disappear as I do not believe it is honest or even legal for you to withhold it. At the very least, I believe you should provide me with an itemized list of repairs and cleaning required to the flat.
Regards,
Gomiboy
From: <Landlord>
Sent: Wednesday, February 13, 2008 5:29 PM
To: Gomiboy
Cc: <estate agent>
Subject: RE: Deposit
<Gomiboy>
I have had a chat with <estate agent>, I am sorry you feel hard done by, but there was a lot of repairs that needed doing on the flat much more than the deposit you had left me (which I paid from my pocket). Just the cleaning was a huge bill. So I don’t see why you are so unhappy.
Regards
<Landlord>
Chief Executive Officer
<company>
From: Gomiboy [mailto:<email>]
Sent: 13 February 2008 15:47
To: <Landlord>
Subject: Deposit
Importance: High
<Landlord>,
Can you please call me at your convenience regarding the deposit for Flat xxx? I am not satisfied talking to <estate agent>, as the relationship I had whilst renting this property was with you directly, and before pursuing other options I would like to discuss with you directly.
You can contact me on the number below. I will be in Putney this evening if you would like to have a face to face discussion.
I look forward to your reply.
Kind Regards,
Gomiboy