Jump to content
House Price Crash Forum

The Masked Landlord

New Members
  • Content Count

    58
  • Joined

  • Last visited

About The Masked Landlord

  • Rank
    HPC Poster

Contact Methods

  • Website URL
    http://tenancy-answers.snorkerz.com/forum

Profile Information

  • Location
    S Wales
  • About Me
    Newish landlord - learning fast!
  1. Most home furnishings have an expected lifspan indicated by their manufacturer. It is impossible to answer 'what is the lifespan of a sofa' - a £400 sofa might last 5 years, a £2000 one may be expected to last a bit longer.
  2. I agree, the payment from a tenant or his deposit is to cover the value of the damage actually done. If the landlord does not replace/repair the item, it doesn't change the fact that the tenant caused that damage and this is the line of thinking in the courts. Interestingly though, the DPS recently issued guidance that suggests their arbitrators will give more credence to landlords claims where the item has actually been replaced (and receipts provided).
  3. They used to use contactus@depositprotection.com but that just bounces back. It's telephone or letter only now.
  4. No, see here: http://tenancyanswers.ucoz.com/index/section_214_claims/0-45 No, see above link Cut & Dried. If you sue to recover your deposit, it will be a standard part 7 claim which is likely to be allocated to the small claims track. Your legal costs would NOT be recoverable from the other side in the small claims track. If you sue for our deposit, you could probably sue for this as part of the same claim. Putting a value on it is difficult, but it would be no more than the rent for the period, AND due to the financial limits on disrepair claims in the small claims track you'd be well advised to keep it below £1k. The judge is not a plumber, so he can not reliably assess the claim, so he will require expert statements, which will cost you There is a pre-action protocol that has to be followed for disrepair claims: http://webarchive.nationalarchives.gov.uk/+/http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_hou.htm
  5. I would add that in the case of a dispute, the landlord usually has no reason to go to court because he already holds the deposit. It is the TENANT who would be most likely to sue (for the return of their deposit).
  6. Can you provide a link, because when I checked the TDS FAQ page I found... http://www.thedisputeservice.co.uk/frequently-asked-questions.html#
  7. If LL declines TDS arbitration, how is the tenant to recover their deposit without relying on the courts? Is there a 'third way'?
  8. So how do you explain the fact that the same landlords feel that the court service is unbiased? Perhaps the courts are really biased in favour of the landlord - after all, most judges are ex solicitors, therefore a huge majority of them will be financially sound and potential landlords themselves. You know Porca, I think we may have discovered a conspiracy theory here!
  9. Very possibly true, but a sub £5k deposit claim is unlikely to be allocated to the fast track.
  10. On 'landlord' forums, the ADR process is anecdotally believed to favour the tenant - due to the standard of proof required from the landlord being so high. However, EITHER side can decline arbitration, in which case the tenant would have to use the court system to claim their deposit back. It is technically possible to use the courts if you don't like the arbitration result, but you can expect the judge to be at least swayed by the ADR decision.
  11. Hold your horses Mrs. I am not talking about clearing up mould or bleaching your windowsills - these may clear the symptoms for a while, but do not cure the cause. What you did when the landlord and agent proved to be totally ineffectual at solving your bedroom damp problem was to roll over and accept the situation. There are organisations that could have helped you get this fixed, not least forums like this. Failing that, Citizens Advice, Shelter, your local councils housing department. All their replies would have probably led you to the Environmental Health Officer at your local council who would have assessed the situation, and if it was the landlords responsibility ultimately had the power to employ workmen to fix the problem and then bill the landlord. A nice, damp free home (as is your right), all for the cost of a couple of phone calls.
  12. A quick google brought this up, which may be useful http://www.dampness-info.co.uk/diagnose.htm?category_id=1
  13. I have no idea if it is your fault - I am giving you facts that you can easily verify elsewhere on the internet. Find out where the moisture is coming from then make your own decisions. Unless you know the source of the moisture, then you are not in a position to decide if the landlord is at fault. Landlord has an obligation to resolve structural defects (damp in bedroom) under section 11 of the 1985 Landlord and Tenant Act - but you don't seem to have been very proactive about getting it sorted.
  14. It's not really a case of arguing condensation - the definition isn't in the cause/fault, they are totally different things. Black mould almost certainly is condensation - the salts in mortar kill the spores that cause the back mould, so any penetrating damp does not cause black mould. Usually, damp is indicated by a white 'ring' around the outer edge of the effected ares as those same salts are forced to the surface. The fact that you do not use the room does not mean there will be no condensation - unless the room is airtight, the moist air will seek out places to condense. Of course, the source of the moisture that is causing the condensation could be damp elsewhere in the building - this is not the majority cause of condensation, but it is a possibility. It is also possible that it is caused by a water leak (landlords problem) or a high water table (not landlords problem). Damp is caused by a structural defect. Are there any defects with the building? Faulty damp course, cracks in the mortar/render? Leaky guttering? A key question here is if there are such defects causing damp, did you notify the landlord? The landlord is not responsible for such defects until he is (properly) notified. Failing to notify the landlord will put the onus on the tenant as the tenant has a responsibility to act in a 'tennt like manner' as specified by Lord Justice Denning in 1953 - it is also probably a term in your tenancy agreement. Have a read at the link in the previous post - it will answer many questions about condensation and give you tips about how to prevent this being an issue in future.
  15. If it is damp - it is the landlords problem. However, a problem in the window area suggests condensation to me. Condensation is caused by the tenant - it is their moisture in the air from breathing, cooking washing, bathing that is not escaping from the building and so condensing on surfaces. It is not only a matter of ventilation - it is heating too because the moisture will not stay in the air to escape through the ventilation if it is cold - it will condense. This leaflet may be useful.... http://www.ceredigion.gov.uk/utilities/action/act_download.cfm?mediaid=5420
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.