Law student wins deposit court case against landlord

Law student wins deposit court case against landlord


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A third year law student has successfully challenged her landlord over a repair bill. 

Obioma Ibe, whose landlord unlawfully tried to claim her deposit for issues she shouldn’t have had to pay for, says it was only due to her knowledge on housing law and her experience supporting a local law centre that allowed her to win her case. 

When Ibe moved out of her rental property in Greater Manchester with her family in October 2022, her landlord attempted to claim her deposit of £1,038, despite some issues having been reported before she moved in and others being the responsibility of the landlord. 

Ibe filed a claim against him for her deposit with the independent adjudicator, as well as for damages in the sum of £400 to refund rent with the small claims court, arguing her cases both with the law and evidence. She won both cases and her landlord was also required to pay her small claims court fees.

She comments: “Upon moving into my rental property I had reported a few issues, including a broken window, broken and dirty blinds, plus no hot water from the kitchen tap, which my landlord assured me would be fixed. 

“However, as time went on this never happened. It was only when I moved out that he attempted to charge me to fix the broken window along with several other issues that had been raised in the initial inventory and I knew he was responsible for. This included redecorating for general wear and tear, repairing the broken bathtub, replacing the blinds, as well as fixing a dripping tap – which had not been caused by myself or my family.

“I gained some knowledge of tenant’s rights due to the housing law module I had studied through the university law clinic and did some further research to build on this, confirming repairs of this nature are in fact the landlord’s responsibility. Having this insight gave me the confidence to go to the small claims court, where I was able to represent myself and argue my cases with evidence. This led to the landlord refunding my deposit and the rent overpayment he owed me.”

The law clinic at which Ibe works – called SILKS – says it’s seen an 18 per cent rise in housing-related issues this year. 

Louise Hall, senior lecturer in law and a solicitor, says: “The cost of living and subsequent economic crisis is having an alarming impact on most members of society, but disproportionately those from low-income backgrounds.

“In recent years, cuts to legal aid have made it even more challenging for tenants to fight for their rights. With the cost of living crisis on top of this, we’re really seeing a rise in opportunistic landlords trying to wrongfully claim deposits for issues they’re responsible for fixing. We’re also increasingly seeing issues like structural damage, leaks and mould go unfixed, which in some instances can have a detrimental impact on the health and wellbeing of tenants.”

 

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