Help me get my deposit back

[nikkim]

I rented a house last year while I got myself back together and when i took it over it was the pits. Holes in the walls and patchy green paintwork in the hall . I was also burgled due to the fact I didn't have a proper back door with a faulty cat flap in it and a dodgy back fence. I was also hospitalised after seriously burning myself in the faulty shower and the dining room was out of action for months after a leak.

I did lots of jobs around the house as the landlord was useless as well as decorating. My one failing was I left a burn mark on the carpet in the hall when I dropped a casserole dish. the landlord has deducted £400 from a £520 deposit for recarpetting ( the carpets there were the cheapest thinnest ones you could imagine_ and redecorating, I was encouraged by the letting agents to redecorate. I photographed the house before siging the inventory on the advice from my mum.

Does anyone know if I stand any chance of getting more of my deposit back, and how would I go about doing this. I have already phoned the letting agent to complain and to demand that the landlord phone me at home.

IMO claiming your deposit back, however unfair it appears, would be difficult and probably against what was in your tenancy agreement TBH. Do you have any photographic evidence of before and after redecoration to prove it didn't need redecorating again? if you have then I would write to the agent/landlord and ask to see a copy of the invoice for the replacement carpet/decorating to prove it cost £400.
HTH

If only part of the carpet is marked,(no matter how small) then the landlord is entitled to recarpet the whole room and hallway if there is no door (iirc from insurance days).

It would easily cost that to recarpet a hall and one room if someone came in to do it.

It's unfair but I doubt you can do anything.

we photographed the house before decorating but not after, didn't think it would be necessary.

I am however a woman who will not be beaten even it it means standing outside the letting agents with a banner or calling the local press.

They have to alloe for wear and tear I think you stand a good chance.We rent and have usually improved the places we have stayed in.Landlords want it there own way all the time.They expect the money but do not really want people to live in the house.I would say you stand a very good chance especially if you have photos.Maybe a solicitor or legal MNetter will be able to advise.Good Luck.

have a look here may be of help. xxx

But a burn mark is not wear and tear.

It would have just been the hall that needed doing the rst of the house was laminated. the daft thing was after I burnt myself in the shower I was advised by friends, colleagues and even medical staff to sue the landlord, particularly as he said he would only replace the shower if it happened again!! I didn't as I didn't want to kick up a fuss.

Wow what a meany ! When this happened to our tenants, who dropped an iron on the hall carpet,we eventually decided not to claim on insurance (we'd have had to pay some towards it because it went up the stairs and landing too) and just deducted the £50 it cost us to patch it up. My mum got paint on hers and insurance paid up, with her paying an excess, so the maximum they should charge you for is the excess. Do you have any insurance you could claim on for the difference if you reach stake mate, or woudl you be prepared to file a small claims with help of CAB ?

However the agent should deal with it on your behalf - they hold the deposit but it is up to the landlord to agree to release it. Ours really pressurised us on the tenants behalf.

I t is not wilful wanton damage though,dropping a hot dish.I think if the house was in a dodgy state before it is really unreasonable to take £400 to get a new carpet.

lol tammybear I was just reading the same website. No a burn is not wear and tear but i contest that it cost £400 as the carpets were cheap and shoddy, surely he can't recarpet with better carpets and charge me for it. He certainly shoudln't be able to bill me for redecorating a room that had holes in the wall especially as I was encouraged to decorate.

The trouble is it's irrelevant to his taking to the deposit money for the carpet. I would ask to see the invoice for the carpet.
It is unfair but I cant see how you can dispute the reason he took the money if he has replaced the carpet.
Perhaps you could send a letter outlining all of what you said and say you will take further action unless all of the deposit money is returned.

I took a landlord to court once for a similar thing and won.

The only thing is that the fact that you decorated etc is irrelevant - you need to show that the deduction itself was unfair.

One thing we did as part of our evidence was to visit the house and see if the things we had been charged for had been done(in our case removing furniture, that they said we could leave, the cheeky gits). The things hadn't been done and we won the case on that basis: they can't just charge you a random amount of money for something they might want to do.

If I think of anything else I'll let you know.

Is it too late to sue the landlord for the shower incident? Would that be a bargaining point?

Didn't have insurance but will pursue through the smnall claims court if this isn't resolved, it makes me so angry that lanlords think they can prey on vulnerable single women like this, well he has picked the wrong one.

I might make myslelf a banner tomorrow and march up and down outside the letting agents!!!

Do you have written evidence that you were encouraged to redecorate?

It is not wilful damage but accidental damage. This is not the same as wear and tear. He can claim for a carpet of a similar quality when new. The letting agents should not be able to release the deposit money to anyone until you are both agreed. I would ask for the invoice.

Go and see a solicitor. Get her to write to the landlord pointing out all the jobs you did round the house (backed up by receipts if possible), plus the cost of redecoration, plus the loss of use of the dining room for months, not to mention the possible claim for compensation for damages for the faulty shower. I would like to think that a properly worded solicitor's letter would enable you to get your deposit back (even if you don't really intend to proceed on sueing the landlord).

Is there any proof that he actually put down a new carpet? Get a look at the receipt.

Freckle might be able to advise here. We once had our deposit withheld, despite scrupulously cleaning the house, then realising we forgot to have the windows cleaned! It didn't matter that we left the house in better condition than when we moved in! We got most of it back, but I can see how it would have cost £120 (£30pp) for the windows to be cleaned!! Total rip off!

PS at the time small claims court fees were something like 5% of money claimed. And it was really easy.

Sorry should read "stale mate". It wouldn't be classed as wear and tear but accidental damage and the basic landlord insurance policies don't always cover such. However he may still have been able to make a claim via his household contents insurance policy depending on the small print.

I will sue over the shower as it happened a few months ago, and I have photographic evidence of the burns. I have already remnded the letting agents of the fact that I could sue over the shower incident.

But surely the point of a deposit is to cover such things so he is entitle to claim rather than using his insurance and upping his premiums. It is unfair and iiwy I'd write a letter to explain the rest of the stuff and hope he caves.

Where do i go to get a solicitor? How much will it cost? Sorry am a but thick

I know that the point of a deposit and I was expecting him to take money out of my deposit towards the carpet, but not £400 the hall is tiny. And certainly not to decorate a room that previously had holes in the wall!!!

Ooops - meant 'can't see'!!