Landlord is Trying to Bill Us for Mould we didn't cause?

I'm not sure if the deposit is protected so I will need to check with the landlord (though technically I have a subletting contract with the old flatmate and not a direct contract with him). But can he bill us for repairs for mould even if he's not sure if we caused it or not?

Assured shorthold tenancies usually have a clause specifically banning sub-letting.

Perhaps, but can we agree that it would be surprising if breach of this provision allowed the landlord to just take money from a deposit without the usual protections applying?

Unless you are actually familiar with the relevant law, in which case I'm happy to be corrected.

No, I agree with you My problem here is that if the primary tenant wasn't in a position to sublet to the OP, then he has no rights anyway to recovery of his 'share' of the deposit - only the actual tenant can claim this. This is why I think it's important for the OP to clarify exactly how this sub-letting has been arranged, so we can decide his legal tenancy position first before considering more mundane matters like return of deposits and fair dilapidations.

Sure, I think that's right. I agree that if he hasn't dealt with the landlord directly then the deposit is probably res inter alios, and any dealings with money that have taken place between the tenants and subtenant is simply between them. But if whatever tenants are able to dispute this do so successfully presumably they and OP will be able to work that out between themselves.

Without any photographic proof that the mould was there before you moved in, you're in very much a weaker position, even though I appreciate that it wasn't your choice not to take them. What with the damage to carpets and whatnot which you describe, it makes your position weaker still.

Is this managed by a lettings agency, or directly by the landlord? What exactly is the agreement to sublet? Assured shorthold tenancies usually have a clause specifically banning sub-letting. I presume you've seen a copy of the tenancy agreement of the person from whom you are subletting, to check out whether he entitled to sublet to you in the first place?

Can you prove the place was badly ventilated and that you ve been opening windows? Cilit bang mould killer keeps it off our bathroom walk for a good month. If the deposit was registered they should have given you a reference number

Pretty sure they have to protect the deposit and, if they don't, you can claim some multiple of the deposit as compensation. I'm not sure what the effect of the sublet is, but my guess would be the end result will be the same.

I think they have to show proof of anything they want to take out of the deposit. This is one reason why competent letting agents and landlords take extensively at least photographic evidence of the property before you move in.

In sum I think you can dispute it, but you'd want to take the tenancy document and exact details to a lawyer who knows about these things to find out exactly how

It's confusing - it's managed by an agency in the city I live in, the landlord has his own "lettings agency" which is separate in his home town and wrote up the contract though. I don't think he's very professional, I've seen his contract with my flatmates and it says it lasts till (end month) 2016 instead of (end month) 2017 like it should.

Regarding the subletting, the guy I'm subletting from asked the landlord before I moved in as per the contract, we have written proof of his confirmation. I have a separate contract with him, though. Technically the main tenant (another girl whom we all pay the rent to before we pay the landlord) should be returning my deposit as he'll probably be returning them all to her, so it's she who should be paying me back regardless of what the landlord does (she read and signed the contract too as a witness).

They aren't the most competent bunch though - I was the one who insisted on seeing his contract and making sure he confirmed with the landlord (who contacted me directly), rather than agreeing to sublet straight away.



Thanks. Does that remove paint? Might give that a try. I don't even shower at home but at the gym as the bathroom is filthy. My flatmates are international students and won't even flush the toilet half the time and leave water all over the floor after they shower. So unfortunately I'm not sure how responsible they are, but I have only been here for a few months, and I can remember the mould was pretty much the same when I moved in.

I've asked my flatmates if they know if the deposit is protected. They said they don't think so but like I said they are clueless. But on the other hand the landlord is clearly not up to speed, so it wouldn't surprise me if he hadn't protected it either.



Thanks, I'm aware of that I don't think the subletting will make any difference as as stated above I insisted on confirmation from the landlord before signing everything. So he's fully aware of it and we have written permission. I need to check if the deposit's protected first but I highly doubt it. Obviously if we can get it back without going to court I would rather do that, but do you know how long/hard the court process might be?

If my flatmates have caused stains on the carpets in their rooms though I'm not happy to split the cost esp. as strictly speaking they, not the actual owner are my "landlord" because I'm subletting. Also, it's 100% their fault, there were even stains on the carpet in my room when I moved in but I managed to get rid of them thank God.

The tenancy document also says that it lasts till (end month) 2016 rather than (end month) 2017 (the landlord is not super professional). That won't make a difference, will it?