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landlord won't return deposit

5 replies

sincitylover · 23/07/2012 12:23

I moved out of rented property last weekend. I stupidly told the landlord the actual day I was moving out (rather than adding a day to it) so he and his wife and their friends arrived as we were moving so I was distracted. Plus no chance to give it a hoover etc. So I was on the backfoot.

The reason they gave for wanting to have the house back was refurbishment and it needed it. I moved in just in over 5 years ago and the decor then was tired. A problem developed with the kitchen floor (damp), there were a couple of plumbing emergencies including one where water came through the kitchen ceiling. I alwasy notified them about things as they happened.

The original kitchen and bathroom (over 30 years old) and these house were thrown up quickly so def in need of a refurb.

They visited the property three times during the period of my tenancy and did no maintenance or invested in the property during this time.

So they were walking round as we were moving out making little comments about the condition of it. I left a couple of appliances (in good condition) as I have ones in the new property. They complained about it but then put them on gumtree for sale within two hours of my leaving !!!

There was a trampoline in the garden (my son could not decide whether he wanted to take it) which they also got arsey about - I got it dismantled and removed within the week.

When I rang later the lanlords wife started saying they would have to get a decorator in and that they woudl have to replace the carpet "good carpet" she said.

When I moved in I asked her whether the carpet had been cleaned as it still looked dirty round the edges and imo it was a cheap. thin, carpet, also beige and very hard to keep clean. If I wanted to clean it I used to get down on hands and knees with a brush.

And if a house has not been decorated for over ten years then yes you would need a decorator but I don't see why I should pay for that. I am prepared to pay for a professional cleaner.

I think they came with the intention of finding things so I would not get my deposit back. They made me feel like shit on that day and when I introduced my landlord to a neighbour - they then started to talk and he turned around to me and said 'you can go now'!!

I just wanted to get this down and my plan is to write to them outlining what I think I should pay for and that I want the rest of the deposit back.

If we can't then resolve the matter then I will ask my friend to ring them (culturally I think they may respect a man more).

Oh and they didn't put my deposit in a scheme as I signed the initial tenancy before April 2007 - but I have been told that as I signed subsequent ones they should have and I could take them to court for 3 x deposit

OP posts:
Mintyy · 23/07/2012 12:28

If it is true that they should have moved your deposit to a protected scheme when such schemes became a legal requirement (and I don't see why they shouldn't have in a case such as yours where you were renewing, I assume, 12 month ASTs?) then, yes, why not go down the small claims route?

Of course you shouldn't be covering the cost of redecorating or repairs that the landlord should have attended to during the course of your tenancy.

ChunkyPickle · 23/07/2012 12:32

You should not be covering the cost of any wear and tear - which sounds like those repairs, I'm afraid I don't know about the deposit scheme.

I do know about the small claims - and it's really, really easy, costs about 35 quid to file the claim, and you can escalate it all the way up to Crown court and real, proper bailiffs (the magistrates court bailiffs can't do much) and it'll still be less than 100 quid (most of which you can claim back from the person anyhow).

Try it the nice way, then if you have no luck www.moneyclaim.gov.uk/web/mcol/welcome and follow the directions.

FlangelinaBallerina · 24/07/2012 08:34

As far as I'm aware, you can only take LL to court for 3 x the deposit cost if the tenancy is still ongoing. You can certainly take him to small claims for the value of the deposit itself though- and include the cost of the court fee in your claim. He absolutely should have protected it if you signed subsequent agreements with different terms eg rent increases after April 2007.

Small claims court is fairly straightforward, designed for the layman. You don't need a solicitor and in fact most wouldn't bother doing this kind of work.

FlangelinaBallerina · 24/07/2012 08:35

Shelter's website has some good factsheets and info on taking LL to court.

sincitylover · 26/07/2012 12:38

I've emailed him today to ask for it back and pointing out that things his wife said I should pay for are routine maintenance.

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