Problem with Change of Landlord and deposit back



ORIGINAL POST
Posted by Julie44 10 yrs ago
Hi,

We are in a complex situation.

My husband and I rented a place ( 3beds) in Robinson Place at the end of 2012. The flat was in a big mess ( holes in the walls everywhere, fans not working, painting do redo, etc...

The landlady was a colleague of my husband, so when the property agent told us that she was ready to rent it to us for 2k less per month but we had to do the renovations by ourself. We accepted! The deal was verbally and we were supposed to be able to stay 4/5 years ( as long as we wanted).

But 6 months after we finished the renovations which cost us a bit below 50K, she sold the place to a new landlord who never saw the flat. Of course, we were upset, but what could we do?

Then, as soon as the contract reached the breaking clause, the landlord asked for a raised in the rent (about 7k, but accepted 5k later on). We refused because it was completely against the agreement we had, and was placing the flat above the market price!

So,no choice, we moved out last week. We handed over the keys to the landlady ( btw, they never wanted to repair anything and were always difficult), and she signed a document saying that everything was working and the flat was cleaned! We had a friend coming to be a witness. She said everything was fine and she will give us the check of the deposit tomorrow as she did not have it with her. Now, she is saying that some damage has been done to the door and walls for 25K and want to take it from the deposit!

No damage was done as we are very good tenants and even had the flat professionally cleaned.

1) How can she deduct any amount knowing that she was not the one handing over the flat 1.5 years ago, so she could not know the state of the flat? ( we had the basic aggreement and nothing is specified on it)

2) we will not accept any deduction as we have already done almost 50k of renovation for a flat that we don't use anymore. Is it true that until the deposit issue is solved, she can mot rent out the flat?

3) what can we do?

Thks

J.

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COMMENTS
cookie09 10 yrs ago
2) not true. she can rent it out

3) involve a lawyer and draft a nice letter for her threatening to sue. usually should do the trick. given the amounts involved you might also threaten to want back some of your renovation cost which would put the total amount above the small claims tribunal (essentiall making it a proper court case which would cost her money for lawyers and have more serious consequences if she loses)


on that basis she should give in, but if she doesnt, i would sue her - especially since you have a witness

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