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Ben Williams

Landlord Dispute

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I am renting a furnished house on an Assured Shorthold Tenancy. The base of the toilet developed a crack, starting from the nail - it started out as a hairline crack, was hardly visible and was not included in the infantry, but has since developed to the point where the toilet was unsafe as the base was not stable. We alerted the Landlord and they replaced the toilet. The Landlord is now saying that it was caused by malicious damage and wants to charge us for the toilet. We keep excellent care of the house and this is the first instance of any damage. Is the toilet included in the fixtures and fittings, and therefore comes under the Landlords duty of repair? Please can you advise me of our rights? Many Thanks Ben

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If he's already changed it how can he NOW say it was caused maliciously? How and with what intent?

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Ask him for a copy of the report which highlights the malicious damage that is supposed to have occurred.

Also ask him for the aforementioned Toilet as you wish to have it independently examined verified that it was not as a result of wear and tear, manufacturing defect.

Do these in writing and register the letter. Follow it up with 14 days and if he comes back and says he won't pursue it then also follow up with a letter confirming what he has said.

When the AST is coming to a finish then find another landlord if he is still trying it on and be prepared to go to small claims court as he will no doubt withhold the deposit.

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Hi I think if it was not mentioned on the invetory when u moved in you should have pointed this out to the landlord at that time. If you did not do so you can be pursued for the cost of the damage unless you can prove it was already cracked before u moved in this may be dificult to prove now. Check the terms of your tenancy agreement and inventory

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