David Walker Posted April 4 Share Posted April 4 We've just finished a tenancy where the landlord was a very odd character. He is refusing to return our deposit, even though we had the place professionally cleaned. Instead, he has sent us dozens of photographs of every tiny mark. Examples include dust in the runners of a sliding door, or a complaint that the underside of one section of a toilet seat wasn't clean, or we didn't clean the outside oil tank, or we removed a spice rack from the kitchen (there wasn't one), etc. He is also billing us for repairs to an exterior, electric gate that was damaged while we were off island two years ago. I think it was most likely storm damage. The situation is frankly bizarre.. I am looking for recommendations on a suitable solicitor to advise on the legal situation. For example, my understanding was that the exterior of the house should be maintained by the landlord under Manx law. This landlord also has not had any appliances serviced, or the gas checked, in the three years were in the house and his representatives would just turn up and wander around on the outside of the property, checking things. Also no rent book provided, and we didn't have any legal contract in place for the last year. If I want to lodge a formal complaint on that basis, anyone know where I would do that? As you can probably tell, I am little frustrated. We've rented five other properties on the island without any issues at all. Any advice appreciated. Quote Link to comment Share on other sites More sharing options...
La Colombe Posted April 4 Share Posted April 4 An advocate is likely to relieve you of even more cash than the deposit itself. You might be better taking it through the small claims process yourself. 2 Quote Link to comment Share on other sites More sharing options...
Albert Tatlock Posted April 4 Share Posted April 4 Small claims court, present your own evidence? 1 Quote Link to comment Share on other sites More sharing options...
Albert Tatlock Posted April 4 Share Posted April 4 This is becoming more and more of a common landlord practice here. Stand your ground. 2 Quote Link to comment Share on other sites More sharing options...
The Phantom Posted April 4 Share Posted April 4 I had a landlord try that with me once too. Luckily I had done a fair bit of maintenance on the property myself and had also sorted out some historical issues with an ex tenant still having a company registered there. I suggested that I send him a bill for my time for all of the above and got the deposit back pretty quickly. Quote Link to comment Share on other sites More sharing options...
John Wright Posted April 4 Share Posted April 4 If you had a written lease or tenancy agreement that will set out who was responsible for what maintenance or repairs, internal/external. If you had a written lease/agreement the rent book is a technicality if you paid by standing order. If you originally had a written lease/agreement then the terms just continue after it expires, unless you agree changes. If you want to complain to anyone then it’s IoM Office of Fair Trading. I suggest you check and then write a letter along the lines of. 1. as landlord you are responsible to maintain and repair the electric gate, not us. 2. you did not provide a rent book as required by the Landlord & Tenant ( Miscellaneous Provisions ) Act 1976. 3. You did not have the gas installation checked as required by law during our occupation. We returned the property at the end of the tenancy cleaner and in better condition, fair wear and tear excepted, than when we took on the tenancy. If you haven’t returned the deposit within 7 days, that is by 16.00 hours on date to our bank ( give banking coordinates ) we will be referring the matter to the IoM Office of Fair Trading and issuing a default summons for debt in summary business of the High Court and seeking our costs and the issue fees from you. 8 3 Quote Link to comment Share on other sites More sharing options...
David Walker Posted April 4 Author Share Posted April 4 4 minutes ago, John Wright said: If you had a written lease/agreement the rent book is a technicality if you paid by standing order Thanks for the advice. I paid by sending a manual bank transfer at roughly the same time each month (within 2-3 days). How does affect the above? Quote Link to comment Share on other sites More sharing options...
John Wright Posted April 4 Share Posted April 4 38 minutes ago, David Walker said: Thanks for the advice. I paid by sending a manual bank transfer at roughly the same time each month (within 2-3 days). How does affect the above? Not much, it’ll show on your bank statement. Quote Link to comment Share on other sites More sharing options...
littlebushy Posted April 4 Share Posted April 4 4 hours ago, Albert Tatlock said: This is becoming more and more of a common landlord practice here. Stand your ground. Any evidence of this? Quote Link to comment Share on other sites More sharing options...
Albert Tatlock Posted April 4 Share Posted April 4 4 hours ago, littlebushy said: Any evidence of this? Yes. Quote Link to comment Share on other sites More sharing options...
littlebushy Posted April 5 Share Posted April 5 8 hours ago, Albert Tatlock said: Yes. Can you elaborate? Quote Link to comment Share on other sites More sharing options...
x-in-man Posted April 5 Share Posted April 5 2 hours ago, littlebushy said: Can you elaborate? Yes. definitely? 1 Quote Link to comment Share on other sites More sharing options...
Albert Tatlock Posted April 5 Share Posted April 5 2 hours ago, littlebushy said: Can you elaborate? Yes. Quote Link to comment Share on other sites More sharing options...
John Wright Posted April 5 Share Posted April 5 In my professional experience the top tenancy disputes are notices to quit ( over half the ones I see are invalid ) and disputes with former landlords over deposit return run a close second. Most of the deposit retentions appear unwarranted. 1 Quote Link to comment Share on other sites More sharing options...
Declan Posted April 5 Share Posted April 5 1 hour ago, John Wright said: In my professional experience the top tenancy disputes are notices to quit ( over half the ones I see are invalid ) and disputes with former landlords over deposit return run a close second. Most of the deposit retentions appear unwarranted. You do hear of lots of people having issues getting deposits returned. I would have thought only a percentage go the legal route. Apparently there's a whatsapp or facebook group where local landlords exchange tips on how best to fleece tenants. Quote Link to comment Share on other sites More sharing options...
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