landlord accused us of damaging a window sill caused by a window fitter when replaced at landlord's request

Question

This damage was caused by the window fitter when he fitted the window, an improvement the landlord wanted carried out. We have 6 weeks left due to notice on property as she wants the property for her sister to move into but now she has threatened prosecution orders if any further damage is done. We are on the local housing list for a bigger house as we are overcrowded, short of a bedroom for our 14 month old son who cannot share with his 2 elder sisters and have another baby on the way. We fear that if she prosecutes that this will look bad to the local housing association we have applied to and we will not be rehoused. She has accused us of this over the phone and sent several abusive text messages regarding photos of the house and 4 witnesses. I've asked her for names of these people and what proof she has that this damage was caused by us as surely without evidence she cannot prosecute? I've received no reply to my request. Where do we stand on this legally?

thanks for your replies. as far as the fitter is concerned the landlord did employ him to do the job and the landlord obviously did not notice the damage on inspecting the work afterwards. the damage to the window sill is on the outside of the property and looked at first glance like a crack in the paintwork but underneath the stone was cracked as well.

Answer 1

You landlord is talking nonsense, firstly in the UK landlord's don't prosecute people, the Crown Prosecution Service do. This only happens if and when the police are involved - if the landlord involves them at this stage it's going to be your word against theirs and the chances of any kind of prosecution happening are minimal.

Your landlord may withhold some of your deposit if they hold you responsible - you will need to file a county court motion to get this back if you dispute the charge. They may also file against you in county court for the costs if they aren't covered by your bond. However for damage to a window sill this all seems a bit over board as the total damage can't be worth more than £50 anyway.

So don't worry at all.

Answer 2

Write a letter to the landlord describing your side of the story regarding the window. Print two copies. Mail one of them certified or registered mail, so that she has to sign to receive it. You will get back a copy of the signature from the postal service proving that she received it. (Or refused delivery)

Once you have your side of the story in writing, then laws regarding renter's rights kick in. She has to respond to you within a certain amount of time (probably 1-2 weeks, depending on the state) resolving the issue. She might decide not to bother pursuing the matter before a third party arbitrator, which is the next step in the process.

If she's a really pushy person, the arbitration can work to your advantage. Just be very calm, and present your information without arguing. Let your landlord act crazy, and you'll be in good shape.

Keep any messages that your landlord sends to you. If they are particularly abusive, you should consider showing her messages not just to the arbitrator, but to the police. Getting them involved and having an actual police record might be helpful for you in the future when you apply for new housing. If you can show that even the police agreed that this landlord's behavior was out of line, then anything she says to try to make it hard for you to find new housing will be easier to counteract.

Answer 3

You sound like you are in a good position to take this person to small claims court where you can sue for damages up to $5,000. Do you have copies of those abusive text messages? If the landlord can't produce her witnesses for the judge, it will go against her. She sounds like she's bluffing. Threaten small claims court action and see how she responds. If she's foolish enough to go to court, she'll probably lose. And the upside to court action will be to show the housing association that you are not taking this lying down; they will take that into consideration, and not assume you are to blame. My gut level feeling is that you can win this. Another thing to keep in mind is that she may be illegally moving her relative into your place. What I mean is she may be bluffing about that too. Monitor the situation after you move to see if she follows through. If she doesn't, you have legal recourse to bring her to court once again. Depending on where you live, try contacting your tenants union where they can tell you the ins and the outs of your tenant's rights. Good luck!

Answer 4

get yourself to citizens advice bureau. I'm a landlord but I'm a nice one. there are many who aren't and they are always looking for a way to take your deposit. they hope you'll back down so they can take your money. Its a good tax free payment. Go to citizens advice for the full argument, but if you just send her solicitors letter You also need to show your solicitor the txt msgs as these are egaldocuments and they are harassment. They will go against her in court. Best to get a letter sent to her detailing your innocence and also the fact that you will countersue..She will have to back down! Get some free legal advice from either Cit Advice Bureaux or a free legal drop in centre.Some solicitors these days even give free time. If you're innocent DO NOT be intimidated...I know we can't talk but I'll look out for you if you put any more questions on so we can keep in touch. Don't back down! It's your money!

Answer 5

The contract is with the person that "employed" the fitter, ie the person that arranged and paid the fitter. Despite the fact that the Landlord requested the repair, he is not liable as he did not engage the tradesman. Sorry, I know this is probably not what you wanted to hear. All the best.

Answer 6

tell her you're going to a lawyer! Your lawyer can send someone out to see the type of damage that's been done. That person should be able to tell what exactly caused the damage. She's trying to bluff about witnesses,unless she's asked family/friends to pretend for her. A judge would see right through her.

Answer 7

We had an animal of a landlady ended up taking her to rent tribunal.They reduced the rent,she then refused the rent off us
like you we had our name down for a house which we moved into.Take no notice of her,if she carries on with her threats report her to the police for haressment or tell her if she does not stop it
you will report her.Goodluck in your new home.ps try & keep her texts as evidence,I reckon she is trying to force you out before
the 6 weeks notice.

Answer 8

Something similar happend to us. I contacted the fitter and it was his word against mine. It got sorted out as the fitter didn't want his reputation damaged.
Good advice though, to go to the CAB.

Answer 9

Tell her where to go!!.she can't prove it was you... is she holding a deposit from you as she may be looking to pocket it claiming damages, and she knows you have to leave... or get a hold of the window fitter and make him confess

Answer 10

Go and visit the local Citizen's Advice Bureau....they'll put u right!