We left our rental property last month – left the mrs to do the hand over as i was away.

now the land lord is withholding our deposit due to a cracked toilet bowl. – last time i saw it it was not cracked and the mrs swears it was not cracked when she left but unlike i normally do she did not go through the property with the owner and get him to sign back for it.

part of me thinks – no leg to stand on this time but do i have any come back at all on him ? im off round there tonight in check out the toilet and see what its all about.

RAGE – perhaps i do shit lead shot afterall !

I would say that this is “wear and tear”. I am a landlady myself, and unless you were holding Stand on the Toilet Parties on a regular basis you should definitely fight this one.

well given it was only really in use at the weekends since im firmly in the shit on company time camp id hardly say it was even heavy use !

When did you actually move out and was there an inspection done at that point?
I think you should fight this.

Stand on the Toilet Parties

Why don’t I get invited to parties like these?

Have you seen the alleged crack? Will the toilet need replacing/actually be replaced?

If it is a rental from the last 3 years (I think) your deposit should be lodged with a Deposit Protection Scheme if not the landlord is breaking the law, unfortunately the penalties only apply before you leave the tenancy.

Ask for pics etc.

moved out april 18th – lease ended on the 22nd of april.

the owner was in the property with my mrs when she handed back the keys. but the mrs did not get a bit of paper signed to say they were happy 🙁

But I would say it was implied if he was there and didn’t register any problems at the time.
Respond and say it was fine when you vacated, that he didn’t regIstrr any problems upon his inspection (whether he looked around or not) and therefor you expect the deposit to be returned in full.
Don’t think this’ll be all you need to do, but it’ll start the ball rolling

Fight it – they will try to screw you any way possible!

That is crap, have that had any one else in the property since? A month is a long time for it to be empty! They could have had other tennants or relatives in since you were there how are you to know?

Your lease ended less than 3 weeks ago but that is still too long to notify you of any problems (IMO rather than law!). I would be miffed about that rather than fighting it as ‘wear and tear’ as has been suggested. How much is the landlord wanting to keep? Is that the only issue?

If your deposit is where it is supposed to be (schemes as stated above) then there is no point getting flustered about it – just lodge the dispute and let the arbitration people sort it out. Your landlord has responsibilities under those schemes to keep to timetables for return of deposit.

1) Deposit should e registered with deposit protection scheme (if in last three years as mikesmith said)
2) If deposit has been protected then you are supposed to get it within 10 days of you requesting it back (I think it is essentially 20 days from contract end)
2) Is there a photo/written record of check in?
3) is there a photo/written record of check out?
4) If liability is proven to be yours then landlord has to prove costs – new bowl -50 quid, maybe 150 to change it.. Not all fo the deposit

Start with checking for deposit protection scheme, followed by asking for proof of check in check out.
Without proff of property condition at move in and out the landlord will not get far in the small claims court. http://www.moneyclaim.gov.uk

even if there is a problem you should have the deposit back minus the disputed amount by now

If they don’t budge, ask for a receipt of the work undertaken.

AFAIK they can’t just keep some of your deposit.

would say that this is “wear and tear”. I am a landlady myself

What ARE you smoking?

I’m a landlord too… no way on earth I would accept a broken toilet as wear and tear… that’s damage, plain and simple.

First port of call should be the DPS, as others have said. The whole point of deposit protection is to help resolve these kind of disputes and to protect tenants from unscrupulous landlords.

Not sure why you didn’t call them as soon as the issue came up, unless the landlord hasn’t paid your deposit into the DPS, in which case he’s breaking the law. You could point that out to him!

i think this is in scotland, so no deposit scheme (yet)

would say that this is “wear and tear”. I am a landlady myself

What ARE you smoking?

More to the point WTF are you eating, and how much/often?

Deposit Protection Scheme only just in up here in Scotland so Trail Rat likely not covered.

I am sorry but how could a tenant purposefully or negligently crack a toilet bowl without even realising, and I am inferring from Trail Rats post that he didn’t do it on purpose. Hence wear and tear.

You could drop an electric drill onto the bowl from a ladder while putting up a shelf and crack the bowl. It took a massive amount of cack handeness, but I managed it.

Or you can do it if a drunk student trips up on the bathroom mat, and launches a full bottle of Newcastle Brown at it. Apparently. Not that I’d know

I’ve cracked a sink in that way, well, with a hammer. But tenants less likely to be doing DIY?

Wear and tear…no way.

And you clearly knew that you had done it !

I am so careful about inspections now, pics etc, took a load of my flat before the last lot of tenants came in. Trust, but verify.

And don’t count on getting any deposit for damages, it’s practically pointless even taking it now, all it really proves is that the person can get their hands on a months rent. My flat rents at £525pcm frankly its not worth the time and hassle to try and reclaim any, have made my peace with that.

But the tenant knowing that you were thorough should help get rid of chancers.

I would say that this is “wear and tear”. I am a large lady myself…

I would say that this is “wear and tear”. I am a lardlady myself…

FTFY?

TuckerUK what a charmer you are, you must get loads of chicks.

We had my sons 2nd birthday party on Sunday, someone managed to crack the toilet seat. Rob H i’ll invite you next time!

If you can inspect the crack, to see how dirty it is within. You may be able to judge its age, like on CSI Miami or something.

Perhaps if its a very new crack and you moved out a month ago, it may not contain any traces of your DNA. Can you have it sent to a Lab? (science building, not the dog type.)

Today he claims to have sent 700 quid to our bank ac and to be owe us another 140 …. Long as i have the 700 quid the 140 he can keep for all i care

The twist is that he claims to have sent it but he hasnt …..

So your landlord is sitting on the deposit, and youre crapping it at the thought you may not get your deposit back,im sure that when and if you get the deposit back youll be flush.

So your landlord is sitting on the deposit, and youre crapping it at the thought you may not get your deposit back,im sure that when and if you get the deposit back youll be flush.

<chapeau>

Landlords can be arseholes, ours played up earlier in the year (I started a thread and got some good advice, enough for them to be put in their place when they came round so we could fight our corner). Anyway, after trying to kick us out they then changed their minds when they realised we’d put up with their uselessness for 10 years and never complained and said we could stay. As it goes my dad came into some money and bought us a house literally a few weeks later so we were able to tell them to stick theirs. We’re in England so the covered by DPS thingy and got our complete deposit back. Most damage was wear and tear though, they actually didn’t have a leg to stand on. If your not bothered about £140 then just forget about it but if it was me I’d be complaining in writing and on the phone left right and centre. Did you do it privately or through an agency? You could complain via the agency? That’s what we did and even the agency told the landlord to stop being a bellend

Got my 700 quid in the bank

Says he will forward the other 140 once plumbers been as he is sure its nothing ….If its nothing why are we getting a plumber out.

50 quod for a carpet cleamer – claiming i had oil on the carpet – in the bed room as rest of house was solid oak.

The clean road Bike never got past the hall way but hum hoo – ill let him have that small victory. Although hes disillusioned if he thinks we are dirty temnents …… I used to do post rental renovations for my dads propertys during uni holidays when i wasnt in the bike shop and we are model tennents 😉 ( eg i didnt put faeces on the roof)

Was a shit house anyway – studio cottage anyone ? Watching the telly at volume 4billion due to washing machine being 6 ft away !