Accidental damage
Question
There was an accident at our house and some property was damaged. The accident was not our fault. The landlord wants us to pay for the damage and we think we are within our rights not to pay. As a result we will probably lose our deposit. How can we make sure we don't lose out?
He has agreed to fix the object but has told us we have to pay for it. Can you please tell us where we stand?
Answer
If you are renting privately and your landlord lives elsewhere, you are likely to have an assured short hold tenancy. The following advice is based upon this.
You mention that you are worried that you may have problems getting your deposit back when you move out because of damage to something in your house.The deposit belongs to you and should be returned to you unless your landlord can show he has suffered a financial loss. Your landlord can make reasonable deductions from the deposit for:
- damage to the property;
- unpaid rent;
- missing items;
- cleaning.
Even if your landlord has a valid reason for keeping part of your deposit, the rest of it should be returned. Remember, your landlord is only entitled to keep your deposit (or part of it) if he can show that he has lost out financially because of your actions.
You should not be expected to pay to replace any items that were damaged due to normal wear and tear.
However, if you were responsible for breaking any items (even by accident), then your landlord is entitled to ask you to pay for the damage or deduct money from the deposit to cover the cost of replacing the broken item(s). He should only replace them on a like-for-like basis. For instance, if you damage an old television, your landlord could not deduct money to pay for a brand new state-of-the-art replacement.
If you believe your deposit is being withheld unfairly there are things you can do. You should try to negotiate. If that doesn't work, you can take your landlord to court.
If you can't convince your landlord to give your deposit back, a court can settle the disagreement. The court will look at all the evidence and decide whether or not your landlord should return your deposit. This is quite straightforward. The court procedure is intended to be simple enough to use without needing a solicitor.
However, if your deposit is withheld or you have further problems you may want to get further advice from a local agency.
Updated: 12/09/2008
Question answered by Shelter
