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The Students Who Took Their Landlord to Court and Won

In a move that showed the law is serious about challenging rogue landlords and agents, a group of students recently won a landmark case. Six students from Bristol were told on moving out that their agent (Digs) were to deduct £756 from their deposit. This, they said, was to cover £200 for a repaint and £500 for “cleaning costs” including rubbish removal.

 

The Importance of Photographic Evidence

The students insisted that they had left the flat in a cleaner condition than it had been at the start of the tenancy. Ed Straw, one of the six, had taken a comprehensive set of photographs to prove it – from the day they moved in and the day they moved out.

The students had also taken the bold step of revisiting the property when new tenants had moved in. Similarly, they took photographic evidence what little work was done. Only a small area had been repainted and only then to cover signs of mould and condensation. They provided this evidence in court. Further, they challenged the deductions for “rubbish removal”. Digs failed to provide receipts for this.

 

What the Court Decided

The lack of receipts and the fact that the letting agent did not carry out the work described meant the court found in favour of the six students. Digs was required to pay back the deposit value in full and pay court costs including compensation. This case now gives legitimacy to a number of cases where students are withholding rent and seeking legal advice about getting their deposits back when they feel ripped off. The NUS threw its weight behind the case, commending the six Bristol students for going to court when so few do and applauding the common sense decision on behalf of the courts.

Following the case, Ed Straw recommended that students take a number of steps to ensure they aren’t ripped off.

 

Lessons for Students and Property Owners & Agents

This is a landmark case likely to embolden all tenants in future – not just student tenants. It does, however, highlight the ongoing problem with letting agent fees on which the government said it would crack down. There are important lessons for all sides in this.

  •          Students should ensure they make a comprehensive record of a property when they move in, including photographs and an inventory of issues. List all problems on official documentation
  •          Students should also make a record of issues when they move out, preferably of the same things they photographed on move in
  •          Property owners and their representative agents should keep records and receipts of all work carried out on a property to ensure that they have evidence and justification for making deductions from a tenant’s deposit
  •          Property owners and their agents will need to justify every penny they intend to deduct from student deposits