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Landlord hold security deposit for repairing of house damage

286 Views  ⚫  Asked 2 Years Ago
asked on Aug 28, 2015 at 07:50
by   fish_yi
My friend and I rented a house 2 years ago, through an agent X, and the agreement was signed by my friend A and the landlord Y, and we moved out from the house 2 months ago.

After moved out from the house, according to the agent, we can only get back part of our deposit, as we need to pay for the replacement of the rotted parquet floor in my room, broken plug, toilet pump, and water pipe.

Initially we tried to negotiate with the agent X, and we requested her to give us the contact number of the house owner so that we can deal directly with him, but she ignored my message.

Subsequently we contact her office according to her name card, and was told by the manager, that the owner of the house is actually X herself , and according to the manager, we need to deal directly with the house owner ourselves.

After that according to the agent, the house owner found a contractor and repaired the house, and receipt was given to us. However, we noticed that from the receipt that they gave us, there was only the name of the company, address, and the handwritten price of the things repaired, with no stamp/cop/signature, receipt number, or even the registration number of the company.

Questions:
1. how to define a normal wear and tear in a property compared to damage? Is rotted parquet floor considered as damage/wear and tear?
This is part of our agreement:
' Section 4.08 — Damage to Demised Premises
The Tenant shall be responsible for and to indemnify the Landlord against all damage occasioned to the Demised Premises or any adjacent or neighbouring premises or to any person caused by any act, default or negligence of the Tenant or the servants, agents or licensees of the Tenant and to pay and make good to the Landlord all and every loss and damage whatsoever incurred or sustained by the Landlord as a consequence of every breach or non-observance of the Tenant's covenants herein contained and to indemnify the Landlord and the Landlord's estate effects from and against all actions, claims liabilities, costs and expenses thereby arising.'
' Section 5.03 — Maintenance
Landlord to maintain and keep the Demised Premises including the main structure, walls floors, roof, doors, windows, drains, sewerage, piping system and electrical wiring of the Demised Premises in good and tenantable repair and condition throughout the term hereby created except where such repairs become necessary as a result of any wilful act
or default of the Tenant.'
2. Is there any format for a official receipt and is the receipt that i mentioned above is acceptable in our law? We just want to make sure that that is a real receipt from a real repairing company. And what should we do if we are suspecting the cost in the receipt is more expensive compared to a normal price in the same area?
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2 Answers

answered on Aug 31, 2015 at 13:35
by   vkpc
If you are still unhappy, you can drag her to the Consumer's Tribunal in Putrajaya.
Lawyers are not allowed there.
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answered on Jan 25, 2016 at 15:38
by   Belle123
Broken plug is not normal wear and tear, unless it was cracked when you moved in and listed in the state of house. wc ball and valve is a wear tear thing, it cannot be used indefinitely.
Again parquet should be recorded as rotten and should be fixed when you moved in. Usually people do not take care of the space near the bathroom door.
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