My former landlord is refusing to pay my deposit
I have recently moved out of a flat I was renting a month ago. There tenants are refusing to pay me my deposit because of a burnt mark on a kitchen top.
Their own agent has on record that I found the mark there when I moved in but they are saying I failed to report it.
They claim to have done inspection before I moved in.
they claim section 11.2 on the contract stating “”If there is work to be done to the Premises, which is not the
Tenant’s fault; the Tenant must tell the Landlord at least within two weeks of finding out that work needs to be done. If the Tenant does not do so, the Tenant will be forced to have the work done at the Tenant’s own cost.”
I was never the tenant when the kitchen top was burnt.
Is what they are doing lawful? They should have picked up the issue before I could move as they claim to have done an inspection. Can I take legal action against them?
Deposit monies does not belong to the landlord. They (landlords) are required by law to put same into an interest yielding account. The tenant, on the termination of the lease, is entitled to the deposit plus the interest amounts. Should there be necessary repairs made to the apartment during the subsistence of the lease, the landlord is entitled to deduct the cost of repair from the deposit.
In your case, because there was no inspection checklist prior to you moving into the apartment property, it is your words against landlord’s. But that, however, does not stop you from claiming the interest amount on your deposit from him.